The Colorado Anti‑Discrimination Act (CADA), found at C.R.S. §24‑34‑301 et seq., applies to employers with one or more employees. The Act covers all public and private employers in Colorado, providing protection against discrimination based on disability, as well as other protected characteristics. Under CADA, a “disability” is defined as a physical or mental impairment that substantially limits one or more major life activities, or a record of such impairment, or being regarded as having such an impairment. This coverage is broad, with a low threshold for applicability, unlike some federal laws that apply only to larger employers.
Employers must provide reasonable accommodations to qualified employees or applicants with disabilities under C.R.S. §24‑34‑402.3. A reasonable accommodation may include adjustments to the work environment, job duties, equipment, policies, work schedules, or other aspects that allow a person with a disability to perform essential functions of their job. Examples include modifying workstations, altering break schedules, allowing remote work, or providing assistive devices. Employers are required to explore practical adjustments unless doing so would cause undue hardship—a determination based on factors like business size, cost, and operational impact.
CADA requires employers to engage in a timely, good‑faith interactive process with the employee to determine appropriate accommodations. The process begins when an employer receives notice of the need for accommodation, either verbally or in writing. While CADA does not set strict deadlines for responding, best practice and agency guidance recommend prompt action—usually within a few business days. Employers may request reasonable documentation to confirm the need for accommodation, but should only ask for documentation relevant to the specific limitation and requested adjustment. Clear, ongoing communication between the employer and employee is vital throughout the process.
Employees who believe their rights under CADA have been violated can file a complaint with the Colorado Civil Rights Division. The Division investigates claims and attempts resolution through mediation or settlement. If a violation is found, employers may face orders to provide back pay, reinstate employment, provide the denied accommodation, and other corrective measures. Civil penalties, damages, and attorney’s fees may also apply, depending on the circumstances and extent of non‑compliance. For more details, visit the Colorado Civil Rights Division website at ccrd.colorado.gov.
Managing accommodation requests under Colorado Anti‑Discrimination Act (C.R.S. §24‑34‑301 et seq.) can be tedious—multiple forms, interactive‑process deadlines, and cross‑department coordination all add complexity.
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To strengthen compliance with Colorado’s accommodation rules, act promptly and keep all communications clear and well-documented. Always respond to accommodation requests without unnecessary delay and train supervisors on how to recognize and escalate these requests appropriately. Avoid asking for more medical information than necessary; focus questions directly on the functional limitations related to the job. Maintain detailed records of all interactive process discussions and decisions, as these can shield against future complaints. Finally, regularly review your workplace policies to confirm they align with current laws and guidance, and consider conducting annual compliance audits.
