Disability Discrimination

Disability Discrimination in Employment is Unlawful

Federal and Colorado law prohibit employment discrimination because of an individual’s disability.

Murray Law welcomes the opportunity to provide experienced, and dedicated counsel and representation to persons subjected to employment discrimination on the basis of disability. Steven Murray has successfully represented individuals subjected to employment discrimination in lawsuits before United States District Courts, including obtaining jury verdicts and resolutions on behalf of employees, former employees, and applicants for employment.

Disability Discrimination Law

The Americans with Disabilities Act of 1990 [ADA], as amended by the ADA Amendments Act of 2008, is a federal law prohibiting discrimination against qualified individuals with a disability. The ADA requires an employer to make reasonable accommodations to the disability of a qualified individual with a disability. The ADA applies to employers with 15 or more employees.

Pursuant to the ADA, a qualified individual with a disability is a person who, with or without a reasonable accommodation, is capable of performing the job in issue. The ADA defines a person with a disability as an individual who:

  • (1) has an actual disability-a physical or mental impairment limiting one or more life activities; or
  • (2) a record of a disability; or
  • (3) is regarded as having a disability.

The Colorado Anti-Discrimination Act [CADA] is a Colorado law prohibiting employment discrimination based on disability. CADA applies to employers with one or more employees.

Employers are prohibited from taking adverse employment actions against qualified individuals with a disability, concerning:

  • Discharge.
  • Failure or Refusal to Hire.
  • Terms, conditions or privileges of employment.
  • Posting and advertising of employment positions, recruiting process, interviewing, or selection process.
  • Compensation, wages, or benefits.
  • Promotion, demotion, or job assignments
  • Limiting, segregating, or classifying employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his or her status because of such individual’s disability.
  • Denying a person employment opportunities because of a disability, based on a person’s associations and relationships with other persons.
  • Denying a person employment opportunities because of stereotypes based on disability.
Retaliation

An employer may not retaliate against any person by taking an adverse action because the individual engaged in lawfully protected conduct under the ADA or the CADA. The law prohibits an employer from retaliating against an individual because the individual opposed any practice believed to be unlawful under the ADA or the CADA, i.e. filed an informal complaint of disability with his or her employer, or participated in an employment discrimination proceeding by filing a charge of discrimination, assisting, testifying or participating in any investigation, litigation, or proceeding under the ADA or the CADA.

An employer cannot retaliate against a person for requesting and/or receiving a reasonable employment accommodation to a disability. The ADA prohibits coercion, intimidation, threats, or interference with any individual:

  • (1) in the person’s exercise or enjoyment of any right under the ADA; or
  • (2) because the individual actually exercised or enjoyed any right under the ADA; or
  • (3) because the individual aided or encouraged any other individual in the exercise or enjoyment of any right the ADA.
Harassment/Hostile Work Environment

An employer may not subject an employee to workplace harassment or a hostile work environment because of the person’s disability.

Administrative Proceedings

A person seeking relief for disability discrimination under Title VII or the CADA must file an administrative charge before filing a civil action in court. A charge of disability discrimination must be filed with the U.S. Equal Employment Opportunity Commission [EEOC] within 300 days of the discriminatory action. The aggrieved individual may also file a charge with the Colorado Civil Rights Division within 180 days of the last discriminatory action. The filing of discrimination charge with either agency is deemed jointly filed with both agencies.

Conclusion

Murray Law welcomes the opportunity to provide legal counsel and representation to any person who believes that he or she has been deprived of the vital legal right to be free from disability discrimination in employment. We look forward to meeting with you. Please contact Steven Murray at 720-600-6642.

Contact Us
Contact Us