If someone is denied employment because of a disability or nationality how does one dispute this matter?
Kankakee, IL |
I thought a lawyer would know and is a lawyer allowed to represent a person for this matter. I know that the labor department may have the say in it but will a lawyer fascilitate the process. Thank you
Both federal and state laws prohibit any employment decision being made based on either nationality or disability. A complaint can be filed with either the Equal Employment Opportunity Commission or Illinois Department of Human Rights, provided the employer has at least 15 employees. There are some entities that allow you to file if there are fewer employees, depending on where the employer is located. You must have enough evidence to prove that this was the reason why you were not hired.
The disability component might be a bit more complicated because you must be able to perform the essential duties of the position with or without a reasonable accommodation. For example, if you are applying for a job on the loading dock that requires significant lifting, you would not be able to do the job if you have a bad back and cannot lift more than 10 pounds.
It is best to contact an employment law attorney before you file a charge. The attorney can either file it for you if you retain him/her, or can tell you whether you have a case worth pursuing