I am disabled but can still work so many hours

I applied for a job in my hometown
where I lived there since I was born
until 54 years old and the job they
would not have to train me. But there
was a girl who applied for the same job
and she had to be trained and she had
just moved here about a year ago and
they gave the job to her when I was
more qualified Can I file a lawsuit

Asked on April 2, 2018 under Employment Labor Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

IF you can show that 1) you could do all the important or critical aspects of the job, 2) could work all the required hours, and 3) the person who got the job did not have some qualification you lacked (e.g. even if she had to be trained, did she have a degree or certification you lacked, or relevant prior work experience?), then you may have a viable disability (or possibly age, too--since you are over 40, if she is under 40) discrimination case. You have to show you could fully do the job and that there was no some other viable or legitimate non-discriminatory reason for the other person being hired. If you believe that your disabiity (or age) was the reason you were not hired, contact the federal EEOC about filing a complaint.


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