Can someone be disqualified for a position due to a non-permanent injury?

I was in a motorcycle accident in September and just recently returned to work as limited duty. As I heal these limitations will be lifted. I applied to a different position than the one I held before the accident and I feel the reason they are trying to disqualify me is because I’m still injured and not fully released. Otherwise I’m more than qualified to fulfill the position.

Asked on March 5, 2019 under Employment Labor Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Can you do the core or important functions of the job NOW? If you can't, they can disqualify you. Whether the limitations will be lifted in the future is irrelevant: they do not need to give you a position you cannot do when you apply for it.
On the other hand, if you can do the core functions of the job, then a refusal to consider you may be illegal disability-based discrimination. If you think that is the case contact the federal EEOC about filing a complaint.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.