If I have been denied a promotion and have just found out it is due to a disease that I suffer from, what I can do?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I have been denied a promotion and have just found out it is due to a disease that I suffer from, what I can do?

I have Minears disease. I work in a call center and due to this disease I cannot wear a headset. However, they simply accommodated me and moved me to the email team. I have applied 4 times for a promotion and was not even interviewed 3 times. I have now found out I will never be promoted based on this disease even though the jobs I am applying for do not require wearing a headset. Basically, they state I cannot do the job even though I have proven I can.

Asked on January 20, 2012 under Employment Labor Law, Nevada

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It is possible that this constitutes illegal employment discrimination against the disabled. Not all medical conditions qualify as a disability for this purpose, but yours might, if it cannot be controlled or remediated. If you would be classified as disabled, then a company may only take negative employment action against you (e.g. not promote you, if you are otherwise qualified) if you cannot do the job with a "reasonable accomodation." (A reasonable accomodation is something not too expensive or disruptive--like letting a one-armed employee have a phone headset rather than requiring him to use a handset, so he can keep his other arm free for writing.) If you could either do the promotion jobs with a reasonable accomodation--or even don't need any accomodation at all, as you indicate--then denying you a promotion based on your disease may be illegal discrimination. Frolm what you write, it would be worthwhile for you to consult with an employment law attorney in depth about the situation, to see if you do in fact have a claim and what it might be worth.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption