Disability Discrimination

Unlawful Disability Discrimination in Employment

Employment discrimination against a person because of the individual’s disability is unlawful under federal and Colorado law.

The law protects employees and applicants in the private sector and federal, state, local government employment from disability discrimination.

Murray Law welcomes the opportunity to provide experienced counsel and representation to persons subjected to disability discrimination.

This practice represents clients asserting disability discrimination claims in federal and state court lawsuits, filing discrimination charges with federal, state, local government agencies, and mediation and arbitration proceedings.

Steven Murray has successfully represented individuals subjected to discrimination in lawsuits before many United States District Courts, including representing prevailing clients in jury trials in discrimination cases before the United States District Court for the District of Colorado and mediation proceedings.

Federal and Colorado Disability 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.

This law requires an employer to reasonably accommodate 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 prohibits employment discrimination based on disability. This law applies to employers with one or more employees.

Discriminatory Actions

Under the Americans with Disabilities Act, a qualified individual with a disability is a person who can perform the job with or without reasonable accommodation.

The Act defines a person with a disability as an individual who has (1) a history or record of a disability; (2) an actual disability, a physical or mental impairment substantially limiting one or more life activities; or (3) is regarded as having a disability.

Unlawful discrimination against a qualified individual based on disability includes an employer:

• Discriminating in job application procedures, hiring, advancement, discharge, compensation, job training, and other terms and employment conditions.
• Limiting, segregating, or classifying an applicant or employee to adversely affect the opportunities of a person because of the individual’s disability.
• Denying employment opportunities to an applicant or employee who is an otherwise qualified individual with a disability, if such denial is based on the employer’s need to reasonably accommodate the physical or mental impairments of the employee or applicant.
• Improperly conducting pre-employment inquiries to applicants about disability issues and or unlawful pre-employment medical examination requirements.

Reasonable Accommodation

Employers must make reasonable accommodations based on disability unless the employer can show the accommodation would impose an undue burden on the employer.

Reasonable accommodation may include job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, and a wide range of other similar accommodations for individuals with disabilities.

Retaliation

An employer cannot retaliate against a person for complaining about disability discrimination or requesting and or receiving a reasonable employment accommodation.

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; (2) because the individual 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 a person’s disability.

Conclusion

Murray Law welcomes the opportunity to provide legal counsel and representation to any person 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.