csn i be denined a job promotion because of helalth

i was told that i would be allowed to move up to a job as soon as my supervisor retired. I have been doing my supervisors job while he was on sick leve , and told that if he didn’t come back to work that I would continue in that position. I had been introduced as his replacement to a number of vendors and fellow employees had been told that i would take this position. I had a stroke and returned to work onlly to find the job had been posted and the requirements changed and i was told I would’t get the job because of my health . is there room under these circumstances to support discrimation

Asked on July 4, 2009 under Employment Labor Law, Arkansas

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am a lawyer in CT and pracrtice in this aras of the law.  To support discrimination, you will need to prove a basis for the discrimination such as sex, race, age, or disability.  It seems that the closest thing you have is a disability.  The employer however, will be able to prevail in your action if he can demonstrate a legitimate nondiscriminatory reason for changing the job requirements and not giving you the job - there could be several.  Plus, having a stroke can give an employer the feeling that your health is a concern and that hiring you is a risk.  As for the changing of the job requirements, i would have to know more about it as that is the best evidence for your discrimination claim if the employer added the requirement to avoid hiring you.  However, the a stroke does not really amount to a disability and you will probably not make a out a claim for wrongful discharge via discrimination.  Employers may decide who to hire and the requirements, and to not hire a specific person.  While this may be worth looking into, you will spend more money fighting this and there is no certainly at all that you will get a return on your investment.


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