Disability

(See also CSR 5-84 and 15-100 Discrimination – disability) 

Time off to participate in a treatment program is a reasonable accommodation for an employee disabled by alcoholism under the ADA.  In re Cullen, CSB 165-04, 6 (1/18/07), citing Renaud v. Wyoming Dept. of Family Services, 203 F.3d 723, 729-731 (10th Cir. 2000). 

Alcoholism is recognized as an impairment under the ADA.  In re Cullen, CSB 165-04, 4 (1/18/07), citing Bragdon v Abbott, 524 U.S. 624, 632-633 (1998); Poindexter v Atchison, 168 F.3d 1228, 1230-31 (10th Cir. 1999);ADA, H.R. Rep. No. 101-485 (II) at 51 (1990).

The ADA defines disability as any of the following: 1) A physical or mental impairment that substantially limits one or more of the major life activities of an individual; 2) a record of such impairment; or 3) being regarded [by the employer] as having such impairment.  In re Vigil, CSA 110-05, 7 (3/3/06); 29 C.F.R. § 1630.2(g).

Major life activities include caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, learning, or working.  In re Vigil, CSA 110-05, 7 (3/3/06); CFR §1630.2.

Appellant failed to make a prima facie showing of disability as defined by the ADA when he did not establish how insomnia or breathing difficulties affected a major life activity, did not offer any documentation of a record of impairment, or establish how the agency regards her as disabled.  In re Vigil, CSA 110-05, 7 (3/3/06).

Appellant’s failure to establish disability under the ADA renders moot a disparate treatment discrimination claim based upon disability under CSR 5-84 A.  In re Vigil, CSA 110-05, 7 (3/3/06).

Appellant’s requested accommodation, “talking to an employee about an issue,” is not a reasonable accommodation encompassed by the ADA.  In re Vigil, CSA 110-05, 7 (3/3/06).

Appellant’s request to have her supervisor talk to her when issues arise is not a request for a reasonable accommodation for insomnia and breathing difficulties.  In re Vigil, CSA 110-05, 7 (3/3/06).

The ADA prohibits employers from discriminating against a qualified individual with a disability with regard to job application procedures, hiring, advancement, discharge, employee compensation, job training and other terms, conditions and privileges of employment.In re Vigil, CSA 110-05, 7 (3/3/06), citing 42 USC 12112(a).

To establish that she is disabled, appellant must show how her impairments affect a major life activity such as caring for herself, performing manual tasks, walking, seeing, hearing, speaking, learning, or working.  In re Vigil, CSA 110-05, 7 (3/3/06); CFR § 1630.2.

The ADA prohibits employers from discriminating against qualified individuals with disabilities because of their disabilities.  In re Torres, CSA 97-05, 2 (2/21/06), citing In re Aguirre, CSA 03-04, 6 (8/16/04); 42 U.S.C. 12101.

To maintain a claim for disability discrimination, a terminated employee must demonstrate that 1) he is a disabled person within the meaning of the ADA, 2) he is able to perform the essential functions of the job with or without reasonable accommodation, and 3) the employer terminated him because of his disability.  In re Torres, CSA 97-05, 2 (2/21/06).

Request for 90 days of leave without pay was not a reasonable accommodation when appellant-analyst’s work was already backlogged, causing significant strain on other analysts and the agency was obligated to process analysts' work timely.  In re Torres, CSA 97-05, 3 (2/21/06).

Disabled appellant who was unable to return to work in any capacity for an indefinite period, was not able to perform the essential functions of his position, and was therefore not a qualified person with a disability within the meaning of the ADA.  In re Torres, CSA 97-05, 3 (2/21/06).

A person is substantially limited in a major life activity if she is unable to perform or is significantly restricted as to the condition, manner or duration under which she can perform a particular major life activity, as compared to the average person's ability to perform that activity. In re Solano, CSA 107-04. 5 (4/29/05), citing EEOC Compliance Manual § 902.4(a)(1).

To be substantially limited in performing manual tasks, an individual must have a permanent or long-term impairment that prevents or severely restricts the individual from engaging in activities that are of central importance to most people's daily lives. In re Solano, CSA 107-04. 5 (4/29/05).

The determination of whether an individual is substantially limited in a major life activity is based upon the effect of that impairment on the life of the individual, and as such must be made on a case-by-case basis. In re Solano, CSA 107-04, 5 (4/29/05), citing Toyota Motor Mfg. v. Williams, 534 U.S. 184 (2002).

Disability is a physical impairment which substantially limits one or more major life activities.  In re Owens, CSA 139-04, 5 (3/31/05), citing 29 CFR 1614.203(a) (1); Poindexter v. Atchison, Topeka & Santa Fe Railway Co., 168 F.3d 1228 (10th Cir. 1999). 

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