Understanding Disability Discrimination in Colorado

The Americans with Disabilities Act (ADA) makes it illegal for employers to discriminate against employees or individuals applying for employment who have disabilities. It is against the law for employers to refuse to hire, withhold a raise or promotion, or fire an employee based on a disability. The ADA also protects workers with disabilities against retaliation by employers for requesting reasonable accommodations.

The ADA covers all private employers who have at least 15 workers. In the state of Colorado, it is also illegal to discriminate against employees who are disabled in companies that have as few as two employees. Colorado employers must adhere to state and local laws at every stage of the hiring process.

Types of Disability Discrimination Cases

In general, there are three categories of people with disabilities that the ADA protects. They include the following:

1. Employees with disabilities: This category includes employees who have a physical or mental impairment that substantially limits at least one significant life activity.
2. Employees with a history of impairment: This category includes employees who have a history of an impairment that substantially limits major life activities.
3. Employees regarded as disabled by the employer: This category includes employees whose employers believe have a substantial limitation in major life activities.

Per the ADA, employers are not allowed to discriminate against anyone qualified to perform a job merely because they have a disability. The Act also requires employers to provide reasonable accommodations to any workers with disabilities provided they don’t cause a hardship on the employer.

What is Considered a Disability Per the ADA?

The ADA considers any impairment, whether physical or mental, that dramatically limits one or more aspects of the person’s life in terms of performing major life activities to be a disability. This is a broad category that includes most physical and mental ailments. An individual must be diagnosed by a doctor and have the paperwork to back it up should their employment case end up in front of a judge.

It’s important to note that the ADA covers all employers, including:

• Private employers
• State and local governments
• Employment agencies
• Labor organizations
• Labor-management committees

Reasonable Accommodation in the Workplace

Under the ADA, employers may be required to provide reasonable accommodation to a disabled employee so that he or she can perform their job. Reasonable accommodations may affect the employee’s job requirements, working conditions, or responsibilities so they can complete the job. Reasonable accommodation can include the following:

• Job restructuring
• Modification of work schedules
• Reassigning a vacant position
• Providing interpreters or qualified readers
• Making workspaces accessible
• Modifying or adding devices or equipment
• Adjusting or changing training materials, exams or policies

If an employer refuses to make accommodations, you can seek legal recourse.

Colorado Employment Lawyer Fights Disability Discrimination

If you feel you’ve been treated unfairly and unlawfully because of a disability, don’t sit idly by. An employment lawyer can help you. At Davidovich Law Firm, LLC, attorney Nathan Davidovich has over 55 years of experience helping employees throughout Denver seek justice for harmful discrimination.

The Davidovich Law Firm holds a 2015 Clients’ Choice Award for outstanding service and has a 100% Client Recommended Review on Martindale.com, the premier rating service for attorneys. Call 303-825-5529 to schedule an appointment with Mr. Davidovich regarding your disability discrimination case.