(a) Any person with a disability who is the victim of discrimination prohibited by this chapter may bring an action in the superior court against the person or entity causing the discrimination for equitable relief, compensatory and/or punitive damages or for any other relief that the court deems appropriate.
(b) No person with a disability whose action for discrimination is otherwise within the jurisdiction of the commission for human rights under chapter 5 of title 28, chapter 24 of title 11, or chapter 37 of title 34 may bring an action under this section, unless the commission for human rights has failed to act upon that person’s complaint within sixty (60) days of filing, or the commission has issued a final order on the complaint.