10th Circuit agrees Denver not immune from ADA lawsuit
The federal appeals court based in Colorado agreed a woman could sue her former employer, the City and County of Denver, for disability discrimination without running into the immunity typically granted to states and their agencies.Lower court judges have repeatedly held that local departments of human services in Colorado are arms of the state government, which, under the 11th Amendment, is generally immune from federal lawsuits. However, the U.S. Court of Appeals for the 10th Circuit noted Kristen Guadiana had "artfully" managed to lodge her allegations against Denver itself, even though the alleged discrimination happened while she worked at the city's human services department.
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