Born with profound hearing loss, Spencer Kontnik spent a long time distancing himself from any fields of law related to disability. Then, the “light bulb” went off, and today he advocates for people with disabilities – like the client whose job offer from Denver Health was rescinded after she requested disability accommodations. In this case breakdown with host Keith Fuicelli, Spencer discusses how his team approached the issue of proving discrimination. “It's very difficult to prove that individual, that person, is a discriminatory person,” he explains. So the team focused on cultivating evidence and cross-examinations that showed that the defendant’s actions toward his client were discriminatory. Spencer secured a jury award, pre-judgment interest, back pay, and front pay totalling $500,000.
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Episode Snapshot
- Spencer's transformation from defense attorney to disability rights advocate after defending a case involving a deaf job applicant.
- Employment law requires employers to provide reasonable accommodations for disabilities that limit major life functions, with the burden shifting to employers to prove fundamental alteration or undue burden.
- The Colorado Anti-Discrimination Act (CADA) offers similar remedies to the ADA but allows cases to proceed faster in state court versus federal court.
- Spencer's client, a biostatistician with 130-plus peer-reviewed publications, was denied a job at Denver Health after requesting a one-hour later start time due to seizure disorder, short bowel syndrome, and depression/anxiety.
- Denver Health rescinded the job offer after the accommodation request, leading to a retaliation claim.
- The jury awarded $150,000 in compensatory damages, with $16,000 in pre-judgment interest, and the court awarded $130,000 in back pay plus $205,000 in front pay.
- Spencer's hearing loss requires CART interpreters in the courtroom, a vulnerability that he says isn’t a hindrance; it builds trust with juries.
The information contained in this podcast is not intended to be taken as legal advice. The information provided by Fuicelli & Lee is intended to provide general information regarding comprehensive injury and accident attorney services for clients in the state of Colorado.
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