Community Hospital v. Fail

We granted certiorari in Fail v. Community Hospital, 946 P.2d 573 (Colo.App.1997), to resolve several issues arising under the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101-12117 (1994) (ADA). First, we must determine who bears the burden of persuasion in a discrimination case under the ADA when there is a factual dispute as to whether the employer offered to make a reasonable accommodation to an employee’s disability. 1 We hold that when a disabled employee has established a prima facie ease under the ADA, the burden shifts to the employer to prove by a preponderance of the…