Legal Question in Disability Law in Florida

I was denied a job because of my disability

Today I went to a company to apply for a position as a distributer at passing out panthlets at businesses. As soon as i entered the doorway the owner said ''Are you confined to that wheelchair?'', and I replyed ''pretty much''. The he said that I cannot do the job because of that. The job is considered a independent contractors position so it doesn't really fall under eeoc. But it was clearly evident after I stated that my son would help me that he was not even going to consider me for the position because of my wheelchair. Do I have any legal recourse because of the business owners comments and attitudes


Asked on 6/10/04, 7:54 pm

1 Answer from Attorneys

Re: I was denied a job because of my disability

That's a travesty and I am sorry to hear how you were treated. Moreover, if the potential employer has 15 employees or more, you may be able to sue although the job is called "independent contractor." This is a very complicated area of the law, but in short, if the employer controls access to the employment (as they do here), and then denies it for discriminatory reasons, they might be held accountable as if you were a "regular" employee.

And it may be that other "independent contractors" (of which there are probably more than 15), would be counted as "employees" for determining if there are in fact 15 employees which brings the employer under the federal law (Title VII). If not, the state and county laws have a lower number so you could file a discrimination claim with those offices.

You do not need an attorney to file a claim, which is free. Call your local EEOC office to speak to an investigator and see if they will take the case. You can call the state and county (where the employer is located) human rights commissions, too (or if the EEOC says no).

If you do want to hire an attorney, please call me for a free consultation. We can review the case and see how best to proceed. (I would usually take such a case, if it has merit, for a reasonable retainer to do the up front work, including helping you file the claim which you must do before suing in court, and then on a contingency basis for the remainder of the matter - no further fee unless we win or settle.)

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.)

[email protected]

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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Answered on 6/11/04, 10:53 am


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