I am disabled but can still work so many hours

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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 5 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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