Your Disability Should Not Close Doors For You

You are not your disability. You have much more to offer, and you deserve the chance to pursue the career for which you are qualified. That means you have the right to a fair opportunity to be hired, promoted, trained, paid and treated just like everyone else.

At The Litigation Boutique LLC, we know this doesn’t always happen, and we are here to advocate for you. Our attorneys are passionate about defending the rights of Denver workers with disabilities.

What Is A Disability?

Employers with 15 or more people on staff must conform to the employment section of the Americans with Disabilities Act. This act protects workers with disabilities from discrimination and provides employers with guidelines for offering fair treatment to employees with certain conditions. According to the ADA, to qualify as a disability, your condition must have one of the following characteristics:

• Your physical or mental condition prevents you from doing important life activities such as seeing, walking or learning.
• You have a history of a disabling illness such as cancer.
• An employer perceives you as having a physical or mental disability, even if you do not.

A potential employer may not ask you about your disability during your interview or require a medical exam before offering you a job. However, an employer may inquire how you would perform the tasks associated with the job and what accommodations may be appropriate.

Reasonable Accommodations Are The Law

The ADA gives you the right to request any accommodations your employer can reasonably make to allow you to do your job. This may mean a change in the process of the job, the work environment or the way you are required to perform your duties. If your employer refuses to make accommodations for you, our law firm will give you the personal attention you need to protect your rights.

Questions Clients Are Asking About Disability Discrimination In Colorado

Disability discrimination laws are complex, often hinging on medical definitions and specific procedural steps. We have compiled answers to the most frequent questions we receive to help you understand your rights.

Who is protected under the ADA?

The Americans with Disabilities Act protects “qualified individuals” who face workplace discrimination. To fall under this protection, you generally must have a physical or mental impairment that substantially limits a major life activity. The law’s protection also extends to individuals who have a record of such an impairment, like cancer in remission.

Does Colorado law give greater protection than the ADA?

Colorado law offers significantly broader coverage than federal law. While the federal ADA applies only to companies with fifteen or more employees, the Colorado Anti-Discrimination Act (CADA) covers nearly all employers in the state, including those with as few as two employees.

How do I ask for a reasonable accommodation?

Initiating a request for accommodation does not require legal jargon or formal language, but you must clearly communicate that a medical condition is affecting your work. You should simply inform your supervisor or HR department that you need an adjustment.

Your employer is legally obligated to discuss your request with you to determine an effective solution. During this phase, they may request limited medical documentation to verify the need, but they cannot demand your entire medical history.

What if my employer says accommodation is an undue hardship?

Employers may deny a request by claiming “undue hardship,” which asserts that the specific accommodation would be significantly difficult or expensive for their business operations. However, this is a high legal standard that requires more than showing the change is merely inconvenient. The employer must prove it would fundamentally disrupt their business.

If an employer claims a specific request is an undue hardship, they cannot simply end the conversation. They remain obligated to continue the interactive process to explore if an alternative accommodation exists that would address your medical needs without causing such a burden on the organization.

If your accommodation request has been ignored or if you were fired shortly after disclosing a medical condition, you may have a claim for discrimination or failure to accommodate.

Talk To A Disability Discrimination Attorney Today And Protect Your Rights

Our lawyers at The Litigation Boutique LLC, are ready to assist you. Whether you are facing workplace discrimination because of your disability or you are an employer seeking information about making appropriate accommodations for a disabled worker, we can answer your questions and advise you on the best course of action. You can contact us online, or call our Colorado offices at 303-578-2833 to schedule your initial consultation.