COMMUNITY HOSPITAL, Petitioner,
v.
Erika FAIL, Respondent.
Supreme Court of Colorado, En Banc.https://leagle.com/images/logo.png
November 30, 1998.
November 30, 1998.
Attorney(s) appearing for the Case
Elder & Phillips, P.C., Mark Luff, Keith Boughton, Grand Junction, for Petitioner.
Keith Killian & Associates, P.C., J. Keith Killian, James P. Guthro, Grand Junction, for Respondent.
Gale A. Norton, Attorney General, Martha Phillips Allbright, Chief Deputy Attorney General, Richard A. Westfall, Solicitor General, Garth C. Lucero, Deputy Attorney General, Timothy R. Arnold, Deputy Attorney General, Gregg E. Kay, First Assistant Attorney General, Beverly Fulton, Assistant Attorney General, Civil Litigation Section, Denver, for Amicus Curiae State of Colorado.
Hall & Evans, L.L.C., Alan Epstein, Thomas J. Lyons, Tracey P. Robinson, Denver, for Amici Curiae Colorado Defense Lawyers Association and Colorado Counties, Inc.
Barry D. Roseman, Thomas A. Feldman, Laurie Scott Paddock, Fox & Robertson PC, Amy F. Robertson, Denver, for Amicus Curiae Plaintiff Employment Lawyers Association.
Supreme Court of Colorado, En Banc.
Chief Justice MULLARKEY delivered the Opinion of the Court.
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...
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