If a medical condition affects how you do your job, your employer may be legally required to adjust how the work is done. When it refuses, ignores your request, or punishes you for asking, you may have claims under Colorado law, federal law, or both.
What the law requires
Two laws do most of the work:
- The Colorado Anti-Discrimination Act (CADA) prohibits disability discrimination by employers of any size, including state and local governments.
- The Americans with Disabilities Act (ADA) applies to employers with at least 15 employees.
Under both, an employer generally must provide a reasonable accommodation to a qualified employee with a disability unless doing so would cause an undue hardship. Employers are also expected to engage in an “interactive process,” a good-faith conversation about what you need and what is possible, rather than simply saying no.
What a reasonable accommodation can look like
- A modified schedule, remote work, or reduced hours
- Time off or leave for treatment or recovery
- Changes to equipment, workspace, or how a task is performed
- Reassignment of marginal duties, or a transfer to a vacant position you can do
- Changes to attendance or break policies
The right accommodation depends on the job and the condition. An employer is not required to remove essential job duties, but it must take your request seriously and explain any refusal.
Common failure patterns
- The employer ignores the request or lets it sit for weeks
- The employer demands excessive medical documentation or keeps changing what it wants
- The employer offers something that does not address the limitation and treats that as the end of the discussion
- You are fired, demoted, or disciplined shortly after requesting an accommodation or taking leave
- A supervisor reveals your medical information to coworkers
Leave rights are related but different
The federal Family and Medical Leave Act (FMLA) and Colorado’s FAMLI program give eligible workers rights to leave, and retaliation for taking protected leave is unlawful. Leave can also be a reasonable accommodation under disability law. The rules differ on eligibility, length and pay. Pregnancy-related limitations also have their own accommodation rights under federal and Colorado law.
How to protect your claim
- Ask in writing. An email stating that you have a medical condition and need a specific change is enough to start the process. You do not have to use legal terms.
- Keep copies of your request, the employer’s response, and any medical documentation you provided.
- Note dates of every conversation and who was there.
- Do the job as best you can while the process plays out, and keep records of your performance.
- Do not resign without advice. Leaving voluntarily can make an accommodation or retaliation case harder.
Deadlines
A charge with the Colorado Civil Rights Division or the EEOC generally must be filed within 300 days of the discriminatory act, and a lawsuit within 90 days after a right-to-sue notice. A refusal to accommodate and a later firing may start separate clocks.
Frequently asked questions
Do I have to tell my employer my diagnosis?
Usually you must give enough information to show that you have a condition that limits you and why you need the change. Your employer may ask for supporting documentation, but it should be limited to what is reasonably needed.
What if my employer is small?
CADA applies to employers of any size, so you may have a state claim even if the ADA does not apply.
What if I was fired right after I asked?
Timing like that can support a retaliation claim in addition to a failure-to-accommodate claim. See retaliation and whistleblower claims.
Talk to an employment lawyer
Request a consultation or call (720) 316-8061.
This page is general information, not legal advice, and reading it does not create an attorney-client relationship. Past results do not guarantee a similar outcome in any other matter.