What Colorado Employees Should Know About Disability Discrimination
Federal and state laws protect individuals with disabilities from discrimination in the workplace. Title I of the Americans with Disabilities Act (ADA) prohibits employers from discriminating against qualified workers with disabilities in any aspect of employment. The Colorado Civil Rights Act provides similar protections and applies to smaller employers with at least two employees.
Under the ADA and as amended by the ADAAA, employers are prohibited from discriminating against a “qualified worker with a disability.” In addition, the ADA requires employers to provide a reasonable accommodation and accessibility for job applicants and workers with disabilities as long as the accommodation does not impose an undue hardship on the employer.
Who Is Protected Under the ADA?
Under the Americans with Disabilities Act (ADA), several categories of workers are protected from disability discrimination in the workplace. To be covered, an individual must meet at least one of the following definitions of “disability”:
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An employee with a disability – A person who has a physical or mental impairment that substantially limits one or more major life activities (such as walking, seeing, hearing, or working) qualifies for protection under the ADA.
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An employee with a record of impairment – Workers with a documented history of a substantially limiting condition (even if they are not currently impaired) are also protected from workplace discrimination.
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An employee regarded as disabled – If an employer perceives a worker as disabled, even if the perception is inaccurate, that employee is still protected by ADA disability discrimination laws.
These categories are critical in ADA claims, as they determine whether an employee qualifies for legal protections and reasonable accommodations in the workplace.
What Is Considered a Disability Under the ADA?
Under the Americans with Disabilities Act (ADA), a “disability” is defined as a physical or mental impairment that substantially limits one or more major life activities. This includes not only basic tasks like walking, reading, bending, speaking, and communicating, but also major bodily functions.
Examples of major bodily functions covered by the ADA include:
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Immune system function
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Normal cell growth
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Digestive, bowel, and bladder function
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Neurological and brain function
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Respiratory and circulatory function
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Endocrine and reproductive systems
This broad definition ensures that a wide range of medical conditions and impairments may qualify an individual for protection under federal disability discrimination laws. If you’re unsure whether your condition qualifies, a knowledgeable ADA lawyer in Colorado can help assess your eligibility.
Who Is a Qualified Individual Under the ADA?
The ADA only protects individuals who are considered “qualified” employees with disabilities. A qualified individual with a disability is someone who can perform the essential functions of the job, either with or without a reasonable accommodation from the employer.
Essential functions are the fundamental job duties—not marginal tasks—that a position requires. If a person with a disability can meet these core requirements, they are legally protected under ADA employment laws. Employers must evaluate whether accommodations can enable the employee to fulfill these duties before making any adverse decisions.
Reasonable Accommodation
Under the ADA, an employer may be required to provide a reasonable accommodation to enable an otherwise qualified disabled employee to perform the essential functions of his or her position. A reasonable accommodation is an adjustment or modification to an employee’s job requirements, responsibilities or working conditions that allows the employee to do the job. The employer’s duty to provide a reasonable accommodation is triggered once the employee makes a request for one. Both the employer and employee must engage in an interactive process to explore potential accommodations necessary to accommodate an employee’s disability.
Reasonable accommodation may include, but is not limited to:
- Making existing facilities used by employees readily accessible to, and usable by, persons with disabilities
- Job restructuring
- Modifying work schedules
- Reassignment to a vacant position
- Acquiring or modifying equipment or devices
- Adjusting or modifying examinations, training materials, or policies
- Providing qualified readers or interpreters
Employers are not required under the ADA to provide employees with the exact accommodations they request or with the most expensive or best available accommodation. They are only required to provide accommodations that will allow employees with disabilities to achieve the same level of performance and enjoy the same benefits of employment as other similarly situated, non-disabled workers. Title III of the ADA also requires employers to make public accommodations as well
What Is Considered an Undue Hardship Under the ADA?
Under the Americans with Disabilities Act (ADA), employers are not required to provide a reasonable accommodation if it would impose an undue hardship on the business. An undue hardship refers to significant difficulty or expense when viewed in relation to the size, resources, and structure of the employer’s operations.
When determining whether an accommodation creates an undue hardship, the EEOC and courts evaluate:
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The nature and cost of the accommodation
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The financial resources of the employer
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The size, structure, and type of operation
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Whether the employer has already incurred accommodation costs for other employees
This is a common defense raised in ADA claims, but the burden of proof lies with the employer. If your request for accommodation was denied based on undue hardship, speaking with an experienced disability discrimination attorney or ADA lawyer in Colorado can help you assess whether the denial was lawful.
ADA Claims Are on the Rise: What Colorado Employees Should Know
Over the past decade, ADA claims have significantly increased across the United States. In 2010 alone, the U.S. Department of Justice received more than 100,000 complaints of disability discrimination in the workplace, marking a 17% increase from the prior year. Much of this surge followed the ADA Amendments Act of 2008, which expanded legal protections for workers and overturned restrictive Supreme Court rulings.
These amendments made it easier for employees to qualify as disabled under the law by clarifying that mitigating measures (like medication or assistive devices) should not be considered when evaluating whether someone has a disability. As a result, more individuals are protected by the Americans with Disabilities Act, and more claims are successfully brought by workers facing unlawful discrimination.
At Baird Quinn LLC, our experienced ADA lawyers in Colorado have handled a wide range of disability discrimination claims—representing both employees and employers in federal and state courts, as well as before agencies like the EEOC. Our team builds strong, supportive attorney-client relationships and offers strategic guidance at every stage of your case.
If you believe your rights were violated under the ADA or the Colorado Civil Rights Act, reach out to a knowledgeable ADA attorney at Baird Quinn for a free consultation.
Frequently Asked Questions: ADA & Disability Discrimination
What is considered a disability under the ADA?
Under the ADA, a disability is defined as a physical or mental impairment that substantially limits one or more major life activities, such as walking, seeing, hearing, or thinking. It also includes major bodily functions like immune system or neurological health. You are also protected if you have a record of a past disability or are regarded as having one by your employer.
Do employers have to provide the exact accommodation I request?
No. While employers must provide a “reasonable accommodation” that allows you to perform the essential functions of your job, they are not required to provide the specific one you prefer or the most expensive option. The goal is to find an effective solution through a collaborative “interactive process” between you and your employer.
Can an employer ask about my disability during the hiring process?
No. Under federal law, employers are strictly prohibited from asking disability-related questions or requiring medical examinations before a formal job offer is made. Once an offer is extended, they may only ask medical questions if they are required for all new employees in the same job category.
Is there a deadline to file an ADA disability claim in Colorado?
Yes, strict statutes of limitations apply. In Colorado, you generally must file a formal Charge of Discrimination with the Equal Employment Opportunity Commission (EEOC) within 300 days of the discriminatory act, or with the Colorado Civil Rights Division (CCRD) within 180 days. Missing these deadlines will likely result in the loss of your legal rights.
Are temporary conditions or injuries covered under the ADA?
Some temporary conditions may qualify as disabilities if they are sufficiently severe. Under the ADA Amendments Act (ADAAA), the focus is on whether the impairment substantially limits a major life activity. While minor, short-term injuries like a broken bone usually aren’t covered, temporary conditions with long-term impacts often are.