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Grounds for discrimination complaint Utah

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  • Grounds for discrimination complaint Utah

    I recently applied for employment at several local businesses, and in discussion with management at three of them, they learned I have physical impairments that are not readily visible. At two of the potential employers the discussion went no further other than an inquiry if I was working with the state Division of Rehabilitation Services, and at the third I was asked directly about it AND when my current source of income is. I was polite, cordial, and I never lied about anything.

    So far all three have refused to hire me, even though I have experience in that realm of employment (fast food/restaurant). I have more experience than the kids they have been hiring. It really annoys me they turn me down, I have experience and my references are all good, yet they prefer picking up these BRATS (what I call them) that not only get snotty with customers (I'm also a customer) but they usually don't last more than a few weeks.

    My gut feeling is screaming at me "discrimination", but I'm not sure if that is really grounds for filing a complaint with the state. I do not know what the employee count is so the federal EEOC may not be interested (or is it the ADA that is limited to more than 15 employees?).
    I don't believe what I write, and neither should you. Information furnished to you is for debate purposes only, be sure to verify with your own research.
    Keep in mind that the information provided may not be worth any more than either a politician's promise or what you paid for it (nothing).
    I also may not have been either sane or sober when I wrote it down.
    Don't worry, be happy.

    http://www.rcfp.org/taping/index.html is a good resource!

  • #2
    Do you need accommodations? Are they reasonable from a fast food business standpoint? Is it possible they could prove undue hardship?

    I know there are some programs where disabled are hired at a lower wage than minimum and it could be possible that is where they source positions that can accommodate disabilities. And it could be that they can reasonably only accommodate so many.

    That said, I am not sure them not hiring you can be directly linked to disability even if they asked about it.

    I am not sure that you would have enough to prove a case. Me, I am not fond of the EEOC, so I wouldn't expect them to come through for me. At most they might give you a letter stating you can file a lawsuit. But unless they see it as a big fish to fry, I doubt much will happen.

    Comment


    • #3
      No accommodations were asked for. If I need any, they should be quite reasonable, and I do not see how they would be any kind of hardship.

      I am uncertain IF it is discrimination. I feel that my gut feeling is not entirely correct in that regards as I've been burned so many times before that I could be "jumping the gun".

      I don't like the EEOC either. I've had discrimination and sexual harassment on video and the EEOC didn't even bother looking. At the same time, I had a case once where a major employer was found guilty by the EEOC of discrimination, and even with the Right to Sue letter no lawyer would take it. Some fish are too big for the skillet, know what I mean?

      I don't want to be in a spot where I can sue anybody. If it gets to where I can prove the discrimination, I'll let it go at them being fined and publicly censored. I just want a job.
      Last edited by cactus jack; 11-08-2013, 02:56 AM.
      I don't believe what I write, and neither should you. Information furnished to you is for debate purposes only, be sure to verify with your own research.
      Keep in mind that the information provided may not be worth any more than either a politician's promise or what you paid for it (nothing).
      I also may not have been either sane or sober when I wrote it down.
      Don't worry, be happy.

      http://www.rcfp.org/taping/index.html is a good resource!

      Comment


      • #4
        Even aside from potential discrimination issues, the fact remains that the kids they hire can often be gotten more cheaply than someone with experience.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

        Comment


        • #5
          Good luck on your job hunt, CJ.
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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          • #6
            Just out of curiosity, who brought up the issue of disability in the interview, and why (if it was you)?
            I am not an attorney, and don't play one on TV. Any information given is a description only and should be verified by your attorney.

            Comment


            • #7
              In both instances the managers. Ok, I'm a little bit slower than what I used to be. But I can still work.
              I don't believe what I write, and neither should you. Information furnished to you is for debate purposes only, be sure to verify with your own research.
              Keep in mind that the information provided may not be worth any more than either a politician's promise or what you paid for it (nothing).
              I also may not have been either sane or sober when I wrote it down.
              Don't worry, be happy.

              http://www.rcfp.org/taping/index.html is a good resource!

              Comment


              • #8
                dumb managers. they're asking for trouble. The most the should ask you is if you can do all of the duties of the job, with or without accomodations. If you answer yes, they should wait until they hire you to ask if you'll need accomodations.
                I am not an attorney, and don't play one on TV. Any information given is a description only and should be verified by your attorney.

                Comment

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