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Has your need for reasonable accommodations cost you a job?

On Behalf of | Jul 24, 2024 | Employee Rights

The law requires most employers to provide reasonable accommodations to workers with a disability. If you apply for a job and mention to the employer that you would need reasonable accommodations then don’t get the job, you might think it is because they did not want to make the accommodations. If that is true then you may have a chance to claim discrimination. 

However, be aware that they may say that was not the case at all, and the only reason you did not get the job was because there was a better applicant. It’s not always easy to determine whether they are telling the truth or not.

First, you need to be qualified for the job

Think about whether you are qualified to do the job. Effectively the only thing preventing you from doing the job should be your disability. So if you fail to get a head accountant position because you do not have the necessary years of experience, it is not discrimination.

Then you need to be better than the other applicants

Maybe you have the required years and quality of accounting experience. However, there may have been another candidate who had even more experience. Or maybe they had slightly less than you but shone more brightly in the interview, or seemed a better all-around fit for the company. In both those cases, the employer may have been entirely fair in picking them over you.

If, however, you feel the real reason you were not picked had to do with your disability or the employer’s reluctance to make reasonable accommodations for you, then you may have a case.

Getting an unbiased assessment of your chances of success is a wise first step if you are considering claiming recruitment discrimination.

 

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