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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

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Attorney answers 4

Best Answer

Look for an employment attorney who is familiar with Title VII discrimination actions through the Find a Lawyer tool here on Avvo

The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice.


Best to consult with a local employment attorney who can advise you as to your rights, which may include filing a discrimination lawsuit.


I agree with Mr. Leroi. An employment attorney can handle your claims. In fact, most attorneys who practice this area of law do so on a contingency basis.


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