A recent lawsuit illustrates the potential liability employers
face when making assumptions about an employee's disability
limitations.
Drake Solomon, who spent three years energizing crowds as the
Denver Nuggets' mascot, Rocky, recently sued his employer,
Kroenke Sports & Entertainment, alleging claims of disability
discrimination and retaliation. He also alleges that his
supervisors aided and abetted Kroenke's unfair employment
practices.
Mr. Solomon stepped onto the court as Rocky in 2021, continuing
a family tradition started by his father, Kenn Solomon, who created
the character more than three decades earlier.
During the 2022-23 NBA season, Mr. Solomon was diagnosed with
avascular necrosis ("AVN") and underwent surgery to treat
his condition. Unfortunately, the surgery did not alleviate all of
his symptoms, and his doctors determined that he needed a total hip
replacement. After notifying Kroenke that he required a second
surgery, his supervisors told
