Disability Discrimination in the Workplace
Discrimination in the workplace can take many forms, and both federal and state laws make certain types of discrimination unlawful. Though some employers may have concerns that persons with disabilities might have more difficulty performing essential job duties, both federal and state laws provide that disabled individuals should have equal employment opportunities as abled individuals. Laws such as the Americans with Disabilities Act (ADA) and the Colorado Anti-Discrimination Act prohibit discrimination against employees solely based on a real or perceived disability.
Colorado citizens are protected from discrimination in the following stages of the employment relationship:
- Application, interview, and hiring processes
- Wage and benefit determination
- Reviews and considerations for promotions or pay raises
- Employee discipline or suspension
- Discharge or termination
- Harassment or hostile work environment
If you have been the victim of discrimination or harassment at work because of an actual or perceived disability, you should consult with a Colorado employment law attorney from HKM to discuss a potential discrimination claim. Similarly, if you are an employer on the other end of a discrimination claim, you also deserve quality representation to protect you from fraudulent or unfounded claims. Our attorneys are experienced in representing both plaintiffs and defendants in discrimination lawsuits and know the relevant laws to apply to either side of a case.
Potential Disability Discrimination Claims
Not only do federal and state laws prohibit discrimination against a disabled individual, but also require employers to make reasonable accommodations that are necessary for a disabled employee to perform his or her job. Certain reasonable accommodations may
- Modified office equipment or technology
- Job transfer or reassignment
- Modified schedules
- Accessible office and meeting spaces
- Intermittent leaves of absence
If an employee’s request for a reasonable accommodation is denied, the employee should consult with an attorney to make sure the employer handled the request properly. The law also protects disabled employees from harassment, discipline, or termination based on their disability.
Employers do not have to make reasonable accommodations if they would incur undue hardship as a result. Each case is examined on an individual basis, and therefore it is important to have quality legal representation who understands how the laws apply for each specific set of circumstances. Whether you are an employer, employee, or potential employee, the attorneys at our firm can help you with any type of disability discrimination case.
Disability Discrimination Video with Attorney Daniel Kalish
Contact a Colorado employment law attorney at HKM Employment Attorneys today to schedule a private consultation and review of your case.