• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Possible ADA Discrimination???

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

S

sylvertng

Guest
I recently interviewed for two Park Ranger positions in a Southern California City. In fact I have interviewed twice in the past 4 months for the same position. I have made it to the Second interview twice. My employer offered the job out to two individuals the first time around and they turned down the job. My employer decided to refly the position and re-interview for the position. It was suggested by my employer that I put in again for the position. I put in for the position made it to the second interview again. One individual was chosen for the position and now my employer has decided to refly the position again for the third time. Approximately 12 months ago I had Shoulder Surgery and I have recovered from it. I do have a 17% State Certified disability for my shoulder and a 16% State Certified disability for my elbow on the same side. There was nothing stated about a physical limitation to the job in the written job discription nor on the either flyer. The second time I interviewed for the position one of the questions I was asked was if I knew the physical limitations of the job and if I felt that I could pass a physical examination. I stated yes to both questions. Since then My employer is now trying to add the statement Heavy lifting is required for the job on the new job description before they refly the Park Ranger Position for the third time. The Past Park Rangers have not been held to this Higher Physical standard. The Park Ranger that was just hired has not been held to this new Higher Physical Standard. I feel that I have been discriminated against because of my disability. Do I have a case????

It should also be noted that I do have current Civil Litigation against my employer for Discrimination by Race, Genger, Age, and Disability that was filed in 1997 and is currently in discovery. Should I add this to the current case or should I file this under a new case?

Please reply because time is of the essence..

Thanks in advance
 


B

buddy2bear

Guest
Two thoughts -- either you are more valuable in your present position or your employer is "retaliating" against you for filing a charge. Talk to your present lawyer about the "retaliation" part. As for the ADA, you must be a "qualified individual" -- one whose disability affects a major life function - who can perform the "essential functions" of the job, with or without accommodation. I do not think your shoulder/elbow percentage disability rises to the level of making you a "qualified individual" who would be covered under the Act. My first thought after reading your post was the retaliation for filing your original charge.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top