Claims of False Statements and Misleading Evidence
In his June petition, Perez accused the city of Denver of submitting misleading evidence—specifically, an exhibit suggesting that he gave written notice of disability retirement to supervisors and human resources. He argued the city falsely portrayed his notification as definitive, creating the impression that his resignation was effective well before it truly was. If the correct date were recognized, Perez maintained, his EEOC charge would have been timely, potentially resurrecting his suit.
Injury, Modified Duty, and Forced Retirement Allegations
Perez filed the underlying lawsuit in May 2021, claiming he suffered a right-hand injury in 2019 while on duty. He was moved to a modified role performing fire inspections, but according to him, a supervisor soon began scrutinizing his work and required him to handwrite every report—a task he says further damaged his already-injured hand and left him permanently impaired.
The former firefighter contended that Denver failed to offer reasonable accommodations and rejected his applications for alternative positions he could have handled despite his injury. With limited options and worsening pain, Perez said he felt pushed into an unwanted disability retirement.
