Legal Question in Disability Law in Illinois
I work and live in Illinois. I was recently out of work on short term disability for several weeks for a mental condition. When I returned to work my doctor and I requested for a reassignment to a less stressful position that was vacant. My employer hired someone else to fill the position after my request. Is this legal? Why or Why not? What should be my next step?
1 Answer from Attorneys
You have a good basis to argue disability discrimination if you were capable of performing the essential functions of the job and your employer did not consider you or considered and rejected you becuase of your disability.
For example, if your employer knows about your mental health condition, the employer could harbor unfounded stereotypes regarding your abilities. These cases can get very technical and complicated. My recommendation is to always seek the help of experienced counsel.
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