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Richard, Expert
Hello. My name is ***** ***** I have been a licensed attorney for over 25 years and hope to be of assistance. Please be advised that this website is for information purposes only and I cannot formally represent customers of this website or perform actual legal services on your behalf. I know your question is important and I’m working on typing an answer to your question now. The site will offer you a premium service charge phone call and I would be more than happy to assist you via telephone if that would be easier for you. Sometimes responses and replies take time, and we ask you to be courteous and patient to allow the expert to type your answers to you and also to others.
Richard, Expert
I would be more than happy to assist you with you legal questions. I am sorry to hear about your issue with your employer. I know that can be stressful and difficult to experience. I do have a follow up question to assist you further. What is your legal question regarding this issue?
Richard, Expert
Yes, they can legally deny a job based on disability if the applicant cannot do the "essential functions of the job" with "reasonable accommodation". That is the test under the ADA.
Richard, Expert
Unfortunately, there would likely be no legal means to hold them to an oral promise under "at will" employment. You would need a written contract with specific terms of the agreement to be enforceable in court. I wish I had better news for you.
Richard, Expert
It would be what you just stated. They can deny you a job if your disability results in you not being able to do the essential functions of your job with reasonable accommodation. If you have evidence that you were denied a job based on your disability, even though you can do the essential functions of the job, then you can file a charge of discrimination with the EEOC so they can investigate the matter. This would be a prerequisite to any legal claim. You can find more information at www.eeoc.gov.
Richard, Expert
You can make that argument, however, it may be difficult if they take the position that they needed to fill the position as soon as possible and couldn't wait until January 3rd
Richard, Expert
Ok. If you feel they did not interview you because of your medical issue, you can file a charge of discrimination with the EEOC as described above.
Richard, Expert
Yes, that would be a workers compensation claim if the original injury occurred on the job.
Richard, Expert
You're welcome! I'm so happy to hear that it was helpful. I will leave the thread open until tonight or tomorrow in case you have another related follow-up question. From there, I'll close the thread with a message. Feel free to disregard that, as it's just a requirement on my part. If you have any questions after that time period, feel free to mark me as a favorite expert or tag me with @wolfelawfirm to have me as your expert again. Take care!
Richard, Expert
I was just checking to see how it's going. I want to make sure you are taken care of. If you need to continue or if there is anything else I can assist with, let me know here, and I will be happy to assist further! Have a great day.
Richard, Expert
No problem best of luck.