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Disability Rights

I have handled many ADA cases since the early 1990s.  My clients have included persons who are visually impaired, hearing impaired or use wheelchairs.  I have also represented clients with amputations, brain injuries, chemical sensitivities, seizure disorders, learning disabilities, allergies and many other medical conditions.

I have successfully pursued claims against defendants including the state of Colorado, counties, cities, hospitals, telecommunication companies, airlines, universities, restaurants, apartment complexes, hotels, day care providers, grocery chains, the postal service, retailers, government contractors, customer service providers, union apprenticeship programs, breweries, banks, insurers and construction companies.

Three ADA cases are representative of my practice in this area.

●             I litigated Conrad v. General Assembly shortly after the ADA was enacted.  In that case I represented a group of plaintiffs including persons who were visually impaired, hearing impaired, who used wheelchairs, and who had speech impairments.  We filed suit against the state of Colorado to eliminate barriers to persons with disabilities effectively accessing the state Capitol building and the political activities there.  The case resulted in many architectural and information distribution changes at the Capitol.

●             In EEOC & Alton v. Echostar, I represented a man who is blind and was discriminated against when he applied for employment as a customer service representative for a satellite TV company.  The case involved proof that assistive computer technology for persons who are blind would allow my client to work productively in a customer service call center.  The federal jury in that case returned a verdict of over $8,000,000 for our client.  We believe this is Colorado’s largest ADA jury verdict for an individual plaintiff.

●             In Osborne v. Baxter Healthcare Corp., 798 F.3d 1260 (10th Cir. 2015) I represented an applicant for a job at a Wyoming plasma donation center. Her conditional offer of employment was withdrawn because she is deaf. We prevailed on appeal and established important precedent for people with disabilities who want to be employed in healthcare settings.

We are able to handle all stages of employment discrimination disputes.  We attempt to informally resolve discrimination problems when possible to help our clients keep working.  If informal resolution is not possible, we can assist at the EEOC with filing an administrative charge of discrimination, investigation, and mediation.  If a case is not resolved during EEOC proceedings, we are able to file suit in state of federal courts and resolve the matter in court.