Can employers terminate an employee due to a disability?

The answer to this question is yes, employers in Colorado can legally terminate an employee due to their disability in certain circumstances. According to the Americans with Disabilities Act (ADA) of 1990, employers are not allowed to discriminate against qualified individuals with disabilities in hiring, firing, pay, job assignments, promotions, or any other term, condition, or privileges of employment. However, employers are allowed to terminate an employee with a disability if the employee is unable to perform the essential functions of their job, even with reasonable accommodations, or if the employee’s disability poses a direct threat to the health and safety of themselves or other employees. A direct threat is a significant risk of substantial harm to the physical or mental health or safety of the employee or others. Additionally, employers are allowed to terminate an employee with a disability if it would be an undue hardship to the employer to make reasonable accommodations for the employee’s needs. An undue hardship is determined by factors such as the cost of the accommodation, the nature of the employer’s business, and the size of the employer. A small business with limited resources would be more likely to prove an undue hardship than a larger business. It is important to note that an employer should provide reasonable accommodations to a disabled employee unless doing so would be an undue hardship or the employee is unable to perform the essential functions of the job. Employers should not terminate an employee simply because they have a disability.

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Can employers terminate an employee due to a disability?

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