Legal Question in Disability Law in Illinois
Disability Discrimination?
I work for a public utility and six years ago I had a laryngectomy due to throat cancer. When I returned to work I was on restricted duty for a short period of time. The company upgraded me to a higher job classification as they needed me, until the job became open to me due to a retirement.
Instead of getting the job at the higher classification permanantly, the company has made me a permanent upgrade, which means that I get no pension credits or vacation pay at the higher classification rate. They told me the reason for this was due to my disablity of not being able to fill that job classification fully. I have been doing the job every day as an upgrade for the past three years, but they won't give me the job title permanently which would add to my pension when I retire.
I am number one in seniority for this position. Do I have a case for discrimination and do I go through the EEOC or directly to an attorney. Thank You
1 Answer from Attorneys
Re: Disability Discrimination?
Yes, you may have an unlawful discrimination claim based upon your disability. In order to pursue such a claim, one must first file a complaint with the EEOC (which your lawyer would typically do for you). You may then request from the EEOC a "right to sue" letter, which would give you permission to file suit in federal court.
Your bigger problem, however, may one be one of statute of limitations. The statute of limitations is quite short before a complaint must be made to the EEOC. If this occurred starting some three years ago (when you were on permanent upgrade w/out actually receiving the job), you are probably beyond the statute of limitations.
-- Kenneth J. Ashman; www.AshmanLawOffices.com
This communication is intended for general informational purposes only and is not intended to create an attorney-client relationship, which, under the policies of Ashman Law Offices, LLC, can only be created by the execution of a formal retention agreement.
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