Denver Disability Discrimination Lawyer

Denver Disability Discrimination Attorney

Your disability does not define you; you have every right to pursue the career you have worked so hard for. Denver has protections in place for workers with disabilities to receive fair treatment while employed. If you or your loved one has been discriminated against due to their disability at the workplace, contact a Denver disability discrimination lawyer for help.

At King Employment Law, we understand how devastating it can be to receive unfair treatment. Discrimination in the workplace can often be microaggressions that are often hiding in plain sight and difficult to detect. Our team is dedicated to advocating for your rights. We are passionate about protecting Denver’s workers with disabilities and pursuing justice for the wrongdoings against them.

What Is Disability and How Should Employers Accommodate Workers with Disabilities?

In 2022, 40% of adults with disabilities reported receiving unfair treatment at work. The Americans with Disabilities Act, also known as the ADA, helps protect workers with disabilities from being discriminated against in the workplace. The ADA states that to have a qualifying disability, you must have one of the following conditions:

• You have a physical or mental condition that keeps you from being able to participate in important life activities like seeing, walking, or learning.
• You have a medical history of a disabling illness like epilepsy, cancer, mobility impairments, or mental health conditions.
• An employer believes you have a physical or mental disability, even if you do not have a diagnosed one.

Under the ADA, employers are not allowed to outright ask job applicants to disclose their disabilities during an interview. Employers can require a physical medical examination after making a conditional job offer for the position that the individual is applying for, as long as all job applicants for that position are subject to the same examination.

An applicant or an employee can request accommodations when needed and inquire about performing tasks and duties required in the job role. Employers must determine if the individual is capable of performing the job duties with appropriate accommodations.

Disability Discrimination in Denver

Employers are not allowed to treat individuals differently because of a disability or a perceived disability. Unfortunately, this does occur, though, and it can result in harm to the employee. Some examples of employer behavior that are protected by disability discrimination laws are listed below:

• Harassing or mistreating an employee regarding their disability.
• Maintaining workplace conditions that create barriers and conditions that make it difficult for individuals with disabilities to work.
• Not providing reasonable accommodations for employees with physical or mental disabilities, so that this lack of accommodations prevents them from being able to work.
• Targeting disabled applicants by asking about medical history or requiring physical exams with the goal of separating disabled from healthy applicants.
• Hiring, firing, training, assigning pay or benefits, etc., based on someone’s mental or physical disability.

Failing to provide reasonable accommodations and accessibility is one of the most common forms of disability discrimination. Under the disability discrimination laws established in the ADA, employers with 15 or more employees are required to make modifications or adjustments to the job, the work environment, or the protocols to allow disabled individuals to better perform their roles.

An example of a reasonable accommodation would be installing a wheelchair ramp or elevator so that employees in wheelchairs can access the building and the levels necessary to perform their job duties. Accommodations can also include providing a screen reader, Braille, or audio tools to allow visually impaired employees to perform their jobs.

If you have suffered any of the above treatments by your current or past employer, you may have grounds to pursue a case against them. A local law firm that focuses on disability discrimination laws can help you get started with your disability discrimination case.

Colorado Anti-Discrimination Act

In 1957, Colorado enacted the Colorado Anti-Discrimination Act, also known as the CADA, for the purpose of making it illegal for employers to discriminate against workers based on their race, color, disability, sexual orientation, gender, ancestry, origin, religion, creed, or age. The CADA offers coverage in addition to federal law, in that it covers employer groups with one or more employees.

In 2013, then-Governor John Hickenlooper adopted the Job Protection and Civil Rights Enforcement Act, which expanded penalties and coverage of the CADA. Some of the changes that were added in this act are listed below:

• Employees have expanded options for pursuing legal action against forms of discrimination by their employer, more aligned with federal discrimination laws.
• Employees can seek punitive and compensatory damages like loss of enjoyment of life,  inconvenience, mental anguish, and other non-economic losses.
• Courts can award victims their attorney’s fees and other legal costs to be paid by the offender.
• Trial by jury can be requested by the employer or the employee.

These state laws allow for more coverage to protect employees with disabilities and offer them more opportunities to receive compensation for the damages done to them. If you choose to file a claim against your current or past employer, our team of Denver disability discrimination attorneys at King Employment Law is prepared to advocate for you.

Filing an Anti-Discrimination Complaint

If you wish to pursue justice and damages for discrimination you have experienced at the workplace, it is important to act fast. Employing the help of a skilled Denver disability discrimination attorney can aid you in the process of filing your claim and documentation within the required timeframes. Without an attorney, the process can be complex with timelines that can be difficult to adhere to.

The filing deadline for an employment discrimination claim is six months from the act of discrimination for federal claims and up to 300 days for state claims. A Denver disability discrimination lawyer can inform you of the correct timeframe that you have to file a claim based on the unique circumstances of your disability discrimination case.

Once a claim is filed with the Colorado Civil Rights Division, located in Denver on Broadway Street, the agency aims to complete the administrative process within 270 days, but it can take longer.

When you work with King Employment Law, our attorneys are well-versed in both federal and state disability discrimination laws and are familiar with the filing process and deadlines. Once you meet with our team, we can advise you on your case and assist you in the filing process. Our disability discrimination attorneys are passionate about protecting your rights and seeking justice for the discrimination you’ve endured.

By pursuing action, you can protect future workers from receiving the same injustices that you experienced. Holding companies accountable for their wrongdoings is a responsible decision. If you choose to file a claim, make a personal record of acts done against you and contact a lawyer. It is important to act swiftly in these cases.

FAQs

Can You File a Case for Disability Discrimination in Colorado?

You can file a disability discrimination case in Colorado with the ADA, the CADA, the Colorado Civil Rights Division, referred to as the CCRD, or the Equal Employment Opportunity Commission, also known as the EEOC. Filing with one of these typically also initiates a claim with the others. Claims must be filed promptly in order to preserve your rights. Types of violations that can be pursued are wrongful termination, failure to make reasonable accommodations, or harassment.

What Is an Example of Disability Discrimination in Denver, CO?

An example of disability discrimination in Denver, CO, would be an employee with epilepsy requiring the aid of a service animal, and their workplace not making accommodations to allow for that service animal. Another example would be not having appropriate access to buildings, like wheelchair ramps or elevators. Employers are required to accommodate the needs of disabled workers only if it can be done without extreme costs or difficulty.

Is It Worth Pursuing Justice for Disability Discrimination from a Company in Denver?

It can be very worthwhile to pursue justice for discrimination against a disability from a company in Denver. If you have strong evidence that proves they failed to make a necessary accommodation or wrongfully terminated a disabled worker, the CADA and the ADA both provide strong protections against discrimination. Victims can pursue job reinstatement, compensation for lost wages, and non-economic damages.

What To Ask for in a Disability Discrimination Settlement in Colorado?

When you hire a disability discrimination lawyer, they can review your case and assess what kind of damages you can pursue. Most cases involve seeking monetary compensation for lost wages, employment reinstatement, damages for emotional distress, and medical bills. Non-economic damages can also be pursued, such as forcing the company to make policy changes and training for staff so that this never happens again to future disabled workers. The court may rule that the employer reimburse the victim for all legal expenses.

Hire a Disability Discrimination Lawyer

If you have faced harassment, discrimination, or wrongful termination, you have rights. At King Employment Law, we are committed to protecting those rights and pursuing justice at the state and federal levels. You don’t have to face these challenges alone. Our local law firm is passionate about pursuing fairness and equality in the workplace. 

We have a proven track record of success with past wins, including a $500,000 private settlement for an ADA violation for failure to accommodate a caregiver. At King Employment Law, we have helped thousands of disabled individuals in Colorado gain compensation after successfully pursuing claims against disability discrimination. 

Filing claims in state and federal cases in Colorado can be complex, involving different timelines and documents. Our team can help ease the burden of navigating this complicated process for you so that you can focus on moving forward and past this troubling experience. Call our firm today to schedule a consultation with one of our experienced trial attorneys.