Employees with disabilities are protected under the Americans with Disabilities Act (ADA), and employers are prohibited from taking adverse actions such are terminating or demoting an employee because of their disability status. Additionally, employers are required to give reasonable accommodations to employees with disabilities, such as modifications to schedules, ensuring workplaces are accessible, or permitting rest breaks. It is also unlawful for an employer to take adverse action because of an employee’s reasonable request for accommodation.
Generally, under the ADA and CO Rev Stat § 24-34-402 (2016):
The Americans with Disabilities Act is intended to provide equal employment opportunities for disabled individuals. This federal law protects workers from discrimination and unfair treatment. Under the ADA, an employer is obligated to provide reasonable accommodations for a disabled employee and is prohibited from making decisions about hiring, firing, promotion, demotion, and/or compensation on the basis of a worker’s disability status. If your employer has fired you or taken other adverse action because of your disability, you might have a legal claim and should contact our Denver Colorado disability discrimination lawyers at Coffman Legal.
The definition of “disability” often varies across states, but the broadest definition of “disability” is “a mental or physical impairment that significantly limits at least one major life activity [including work]. The ADA directs that the definition of disability is construed broadly in favor of extensive coverage. Physical and mental impairments include any physical disorders, diseases, or other conditions that affect the body. Furthermore, mental disorders such as anxiety disorders, post-traumatic stress disorders, and other mental conditions are also covered under the ADA. There are many types of disabilities and the ADA applies to both short-term and permanent disabilities.
Some examples of qualifying disabilities include (but are not limited to):
However, there are many other qualifying physical or mental impairments that constitute disabilities, and the body of law is continually growing to include those. If you believe that you have experienced discrimination in the workplace because of your disability status, please contact our Denver employment disability attorneys as soon as possible. An impairment does not need to completely prevent a person from engaging in a major life activity or even significantly restrict them from doing so. Moreover, the ADA also protects individuals who an employer has regarded as disabled or who have a record of an impairment. If either of these other circumstances, including “regarded as” or “record of,” apply to you, then you may also have a claim under the ADA. If you believe your employer has violated the ADA, please contact our Denver Colorado ADA lawyers.
It was in 1990 when Congress passed the Americans with Disabilities Act (ADA) which is intended to provide equal employment opportunities for disabled individuals. Colorado State Law also offers additional robust protections to workers with disabilities. Generally speaking, these laws make it illegal for employers to discriminate against an individual on the basis of a disability. Under the law, it is illegal for employers to discriminate against disabled individuals with respect to any aspect of employment. These include:
Any time an employee’s disability is considered when determining terms, conditions, or privileges of their employment, it is a case of disability discrimination. For a FREE consultation, please contact our Denver Colorado ADA discrimination lawyers.
Disability discrimination encompasses more than just hiring or terminating an employee. Under the ADA, employers are also expected to provide reasonable accommodations for disabled employees. A reasonable accommodation is defined as any modification of the workplace environment or policy that can make it easier for disabled employee to perform their job. For example, an employer may have to install ramps in the workplace when an employee is confined to a wheelchair. It is important to note that if creating a reasonable accommodation would place an undue burden on employers, they are not required to do so. Contact our Denver Colorado ADA discrimination lawyers for more information or for a FREE consultation.
Any kind of disability discrimination through any part of the employment process is prohibited. An individual with disabilities should be afforded all benefits and employment as any other person who is employed or seeking employment. It is unlawful for an employer to retaliate or take other adverse action, such as a demotion, because of an employee’s request for a reasonable accommodation. If your employer has treated you poorly because of your request for a reasonable accommodation, contact our Denver Colorado ADA employment retaliation attorneys today.
The ADA requires employers to provide reasonable accommodations to employees with disabilities if they request the accommodations. Reasonable accommodations that are tied to job performance can include but are not limited to:
A Denver Colorado ADA disability discrimination attorney from Coffman Legal can assist you in identifying situations where you have experienced disability discrimination at work. Our team of experienced ADA disability discrimination lawyers in Denver, Colorado can assist you in navigating complex disability discrimination disputes.
If you were injured or out on medical leave, an employer cannot require that an employee be fully cleared to work without any restrictions or “100% healed” before allowing an employee to work. By requiring an employee to be 100%, the employer is stating its refusal to provide reasonable accommodations when they are required to do so. If the employer refuses to provide reasonable accommodations or otherwise takes an adverse employment action, the employee may have a valid legal claim under the ADA against the employer. We would encourage you to contact our Denver Colorado disability discrimination lawyers to discuss your employment further if you are not permitted to return to work with restrictions.
No one should face discrimination of any kind due to their disability. If your employer has discriminated against you, it is important to speak to our Denver Colorado discrimination attorneys at Coffman Legal, today. Call us at 720-784-7717 or contact us online to schedule a free case evaluation and to learn how we can uphold your rights.