Discriminated due to disability
I applied at BP gas station and was told n have the texts that I had the job after he was done training a couple manager. He needed my limit restrictions from my doctor and knew I was a disabled veteran. I gave him the sheets and was told give him a week and he'd start me at the job. Then with no call I finally called after 2 weeks went by. And he told me that he couldn't hire me because of my disabilities. Is this discrimination and I'd so can anyone guide me to a lawyer that handles these kind of cases. I'm disabled but willing to work any shifts but was denied due to my disability. HELP
Anthony, it is only discrimination if the position you were hired for and then passed over for was a position that you would be able to work with proper accommodation. The standard is called bona fide occupational qualifications (BFOQ). An employment position will have certain standard requirements (i.e. able to lift 20 pounds, type 60 wpm, drive a thirty mile route) and if you cannot meet the minimum standards you cannot be hired for that position. This does not mean that, as a candidate, you could not be used in a different capacity and this possibility could and should have been offered to you if you couldn't meet the BFOQ standards for the original position. I too am physically disabled but I just began working a full time job. I will never climb Mount Everest (that's okay because I didn't want to) but I have no problem with a desk job. Understand your limitations and apply to positions that can accommodate those limitations. Should this happen again and BFOQ is not an issue then yes it is discrimination. File an ADA complaint with the US Department of Justice. They will review the complaint and if they feel that you have been discriminated against due to your disability they will assign the complaint to a local attorney to handle it at the state level. I hope everything works out for you.
I assume that the denial because of disabilities was verbal and not presented to you in writing. If you received a denial in writing then retain for review by a labor attorney. In most states, veterans receive some preference, and so do disabled persons. I suggest that you request a copy of the job requirements if these were not present at the time of job application. All depends on what the job requirements are. If the job requires heavy lifting then jobs can be denied because the applicant does not meet the requirement. I suggest contacting the BP station owner before contacting an attorney. If things don't go well contact your state labor board and file a grievance.
Your state government may have information for you. I was disabled about 1 year ago and know what you are feeling. There are things I can do and things I cannot. I just need a chance to show what I CAN do. Best wishes.
Anthony: I'm not a lawyer, but my suggestion would be to seek out an employment law lawyer that has experience with litigating cases under the Americans with Disabilities Act (ADA). Some local resources that you may want to look into if you can't afford an attorney might be (1) your county legal aid office (2) check out the legal clinics with your local law schools (if any are near) or (3) contact your county bar association or look on their website to see if they have a referral service to attorneys that handle these types of cases that either take cases pro bono (free) or for a reduced rate. Check out these resources and get some legal advice regarding your situation. Hope this helps!
Hi. It is not as easy as it sounds. The company should have a job description with the skill requirements that include the physical duties. I do not know every step of your situation but the company should have "asked" you during this recruiting process if you had any physical "limitations" that they might need to address..larger companies require a physical for all employees during the recruiting process. I doubt you can sue as the company may eventually be "forced" to offer you a job with the adaptations that you may need to meet that job description. HOWEVER. THIS process may take a"long" time to be addressed by the agencies and lawyers you may need to get to the day that you could be offered that position. Most likely if you take this route by the time you could be offered a position the company may no longer have that job available ...Or you may start a job that meets your specific needs but if that happens I doubt you will enjoy working there. You can file for discrimination but do not expect your case to be settled "any time soon". Keep applying for jobs through your local workforce with EDD or apply on line with Caljobs ... The jobs posted here should be in compliance with employment laws and regulations so you will be able to find a job faster without the red tape of attempting to sue. I have been disabled all my life but I do not play that card. You can also go to an employment agency that offers temporary positions. Most jobs now go through agencies to fill their full time positions. It is the best way for employers to see how well a person can actually do a job. Bottom Line... Most candidates look good on paper and can interview well. Many companies still use a 30 to 90 day and up to six month (or more) learning or orientation period but this leaves the company vulnerable to workers comp claims etc. ALSO many companies hire directly from trade schools or technical schools which gives them the opportunity to use interns in their company. Sounds like you should go to an EDD office near you...they will offer free recruiting services to help you find a job and have all the job openings available for you to read online with their computers and some still have the hardcopies of open jobs. These workforce centers are free and they also offer job training or can tell you where to get training Many public libraries offer similar recruiting assistance but you will get faster attention and you may be surprised how many employers would rather hire someone who shows the initiative to get a job based on the abilities they have to offer these are what every company is looking to hire and may be known as team players ... I would not waste my time in attempting to get that job as you could better spend your energy in finding a company that can recognize your worth and what you can bring to that company as part of their team. If you get hired with a negative start which could happen I doubt you will want to stay in that position. Keep looking and get a job first. Then if you want to make a claim go ahead. But the people that really win in most employment cases are the lawyers. Simple as that .. Good luck and remember when one door closes there is a window somewhere else...
Would your disability put you in harms way maybe they were looking out for you and them ...you never said what your disability was
I'm sorry this happened to you, too. Thank you for your service, I am also a veteran and I know it's tough sometimes to find a meaningful job after the military.
Do you want to fight them because you still want the job or do you want a settlement? I would tell you that the job isn't worth having, it will most likely be trouble the whole time you're there because of the way they have handled this. From this perspective, let it go and look for something different.
If you want a settlement, follow the get a lawyer advice and see what happens. I would say let it go and let it happen in its time. Do not let this keep you bogged down, remember to live!
You've probably already come through some serious stuff. As an overcomer, you have to decide how you will overcome this challenge. Do you want for yourself? You are the only one that knows that!
An initial chat with a lawyer is imperative so that you know what your choices are. Decide what is best for YOU after that. I'm not trying to minimize what has happened, but you are the only one who can decide the right course for you. Either way, let it all go, you'll be able to see way much clearer!
Good luck to you!
I would write or call OCR -office of civil rights in Washington DC. www.ocr.com. Sadly discrimination is hard to prove. I lost a job due to age but filing a lawsuit is mute because the company will find some lame excuse. I have found that giving a little information on FB and asking people to share and boycott will raise an eyebrow. I have done this a few times for different situations and it worked. After a week of fallen sales I promise someone will take notice. Good luck and do not let the actions of one ignorant jerk keep you from finding a job somewhere. I know Walmart loves hiring veterans if there is one near you.
I am so sorry this happened to you, and I don't know all the details from both sides but you could definitely have a case. You need to file with the EEOC first before you get lawyers involved. Their site for filing is www.eeoc.gov/employees/charge.cfm. I hope everything works out for you.
Call your labor board in your area. First step.