Disability Discrimination

Disability Discrimination in Employment is Unlawful

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

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, labor organizations, and employment agencies.

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

Discriminatory Actions

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 has:

  • A history and/or a record of a disability;
  • An actual disability-a physical or mental impairment substantially limiting one or more life activities; or
  • Is regarded as having a disability.

Unlawful discrimination against a qualified individual on the basis of disability includes:

  • Discriminating in job application procedures, hiring, advancement, discharge, compensation, job training, and other terms, conditions, and privileges of employment,

  • Limiting, segregating, or classifying an applicant or employee in a way that adversely affects the opportunities or status of such applicant or employee because of the disability of the indidivual

  • Denying employment opportunities to an applicant or employee who is an otherwise qualified individual with a disability, if such denial is based on the need of such of the employer to make a reasonable accommodation to the physical or mental impairments of the employee or applicant;

  • Improper pre-employment inquiries to applicants concerning disability issues and/or unlawful pre-employment medical examination requirements.

Reasonable Accommodation

Employers are required to make accommodations based on disability.

A reasonable accommodation may include job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities.

Retaliation

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 harassment or a hostile work environment because of the person’s disability.

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 right to be free from disability discrimination in employment. We look forward to meeting with you. Please contact Steven Murray at 720-600-6642.

Resource

The Equal Employment Opportunity Commission [EEOC] provides guidance, explanation, and discussion concerning disability discrimination. See https://www.eeoc.gov/laws/types/disability.cfm

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