Chapter 5 - § 5.3 • WHAT ARE THE ELEMENTS OF A PRIMA FACIE CASE?

• Jurisdiction: Colorado

§ 5.3 • WHAT ARE THE ELEMENTS OF A PRIMA FACIE CASE?

§ 5.3.1—Disability Discrimination Claims

In the absence of direct evidence of discrimination, courts apply the McDonnell Douglas burden-shifting analysis² to claims of disability discrimination under Title I of the ADA and §§ 501 and 504 of the Rehabilitation Act. EEOC v. C.R. England, Inc., 644 F.3d 1028, 1038 (10th Cir. 2011) (ADA); Morgan v. Hilti, Inc., 108 F.3d 1319, 1323 (10th Cir. 1997) (ADA); Williams v. Widnall, 79 F.3d 1003, 1007 n.3 (10th Cir. 1996) (ADA and Rehabilitation Act); White v. York Int'l Corp., 45 F.3d 357, 360-61 (10th Cir. 1995) (ADA).

The plaintiff first bears the burden of establishing a prima facie case as follows: (1) the plaintiff has a disability as defined by the law; (2) the plaintiff is qualified for the job (i.e., can perform the essential functions with or without reasonable accommodation); and (3) the plaintiff was discriminated against because of his or her disability. Hennagir v. Utah Dep't of Corr., 587 F.3d 1255, 1261 (10th Cir. 2009); Mason v. Avaya Commc'ns, Inc., 357 F.3d 1114, 1118 (10th Cir. 2004); White, 45 F.3d at 36061; see also Rakity v. Dillon Cos., 302 F.3d 1152, 1164 (10th Cir. 2002) (articulating the third prong of the prima facie case as "[the adverse action occurred] under circumstances which give rise to an inference the decision was based on [the plaintiff's] disability").

Once the plaintiff produces evidence sufficient to meet his or her initial burden, the burden of production shifts to the employer to rebut one or more elements of the plaintiff's prima facie case; offer a legitimate, nondiscriminatory reason for the challenged action; or establish an affirmative defense. See 42 U.S.C. § 12113 (listing several available defenses); 29 C.F.R. § 1630.15 (same); Selenke v. Medical Imaging of Colo., 248 F.3d 1249, 1259 (10th Cir. 2001); Smith v. Midland Brake, Inc., 180 F.3d 1154, 1179 (10th Cir. 1999). Where a reasonable accommodation is at issue, the employer must present evidence of its inability to accommodate. White, 45 F.3d at 361.

The burden then shifts back to the plaintiff, who has the ultimate burden of persuasion. The plaintiff must show, for example: that he or she was just as or more qualified for a position than the individual chosen, Harris v. Sweetwater County Sch. Dist. No. 2, 113 F.3d 1246 (10th Cir. 1997) (where the plaintiff could have offered this evidence to the trial court but failed to); that an accommodation was possible, Whit...