A former University resident assistant filed a lawsuit in federal court Nov. 20 against the University, claiming she was removed from her job because she is blind.
Meleah Jensen, an education senior, said she applied to be an RA, was sent a job description in July and filled out forms that other RA candidates do not have to fill out.
The lawsuit states that Jensen applied for an RA position and was hired in March, when she informed the University that she was legally blind.
Jensen said on Aug. 6 she returned to campus and attended a meeting for RAs. Jensen said she also met with representatives from Human Resources, Residential Life and Disability Services on that day to discuss possible accommodations for her position.
Jensen said on the morning of Aug. 7, as she was on her way to attend RA training, Todd Clark, Residential Life assistant director, gave her a letter informing her that she had been demoted to an office assistant and that she would have to move out of her dorm room in Beauregard Hall.
Jensen said the letter told her that because of her blindness, she would not be able to perform “essential functions of the position.”
Clark was unavailable for comment before press time.
In addition, the lawsuit states that Jensen has suffered “lost pay and benefits, lost earning capacity, mental anguish, emotional distress and the loss of enjoyment of life” as a result of her demotion.
Scott LaBarre, a Denver attorney representing Jensen, said her demotion violates Title I of the Americans with Disabilities Act, the Rehabilitation Act of 1973 and Title I of the Civil Rights Act of 1991.
The Americans with Disabilities Act and Civil Rights Act state that employers cannot discriminate based on a disability. The Rehabilitation Act states that institutions receiving federal assistance cannot discriminate based on disability.
LaBarre said one of the most disturbing aspects of the case is that Jensen was given one job description when she signed her contract, but was given a new job description later.
In the lawsuit, Jensen asks for reinstatement as an RA, court costs and unspecified damages.
Jensen said despite the lawsuit, she still wants to be an RA at the University.
LaBarre said “the main thing is to get her to be an RA again and let her have that experience while she’s still in college.”
University spokesman Gene Sands said the University does not comment on pending litigation.