Legal Question in Disability Law in Florida
Applicant rejected because she is wheelchair bound
individual wheelchair bound because of Multiple Sclerosis applies for a position as Teller in a bank;posting:must be able to work flexible schedule, good communication skills, positive customer service skills attitude,professional demeanor.Needs 1 year recent cash handling experience; 6 months teller experience preferred; bilingual(Eng/Span)required. Employer briefly spoke with applicant over phone,realizes her work experiene is more than adequate, gives an appointment for interview not knowing that
the applicant is disabled person wheelchair bound. After the interview employer realizes applicant is very much qualified but he does not know how to approach the issue of her using a wheelchair. No other applicant to date is as experienced with money handling and the language requirement as this applicant. He decides to hire another individual who is not bilingual,or as qualified.The disabled applicant receives a letter of thanks saying that she will not be getting the job. The applicant feels that she did not have the opportunity to explain her ideas about performing the job, and did not get the job because she is disabled/wheelchair bound. Please advice
1 Answer from Attorneys
Re: Applicant rejected because she is wheelchair bound
Hiring decisions are complex, so there may be other reasons that another person received the job. Nevertheless, you have stated what is called a "prima facie" case of discrimination. That is, you are qualified and disabled, but another was hired so you suffered a tangible loss. That is enough for the EEOC or a state/local human rights organization to investigate.
If you want to pursue it, you have two options. You can file a complaint for free by yourself with either the EEOC or the human rights organization in the county where you applied for the job. Or, you can hire an attorney to help you with the case. Either way, you must file with one of those administrative agencies before proceeding to court.
If the agency investigates and finds that you have been discriminated against, they will try to get the bank to settle with you, either monetarily, or by hiring you, or both. If there is no settlement, you then have the right to sue in court. Once in a while the agency itself will sue for you, but they only take big cases because they do not have the resources to sue for everyone.
If you want to discuss the case or feel you need an attorney, please call for a free consultation.
Good luck.
Jeff Sheldon
Jeffrey L. Sheldon, Esquire
The Sheldon Law Firm
17804 St. Lucia Isle Drive
Tampa, FL 33647
813.986.7580
(f) 813.986.7489
(Admitted in Fl., MD, D.C., and Pa.)
http://www.SheldonLawFirm.com
Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.
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