Employment Lawyers Can Answer Your Employment Law Questions
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This is an unfortunate situation,
your husband should first send a letter to HR stating that he feels that his denial for promotions are due to his disability and age, and that if this continues, he will have no choice but to file an EEOC civil rights complaint.
It is best to give the employer notice of the situation, and an opportunity to remedy the situation,
Does it matter that he has a fairly new HR manager in the store?
If they fail to act he can file an EEOC complaint, and the agency will investigate the matter,
no, it does not matter, in his letter he can detail the number of times he applied and was rejected.
does he need a lawyer to file an EEOC complaint?
No, he does not need an attorney, he would be able to contact them directly, and they will begin the investigation
o file a claim with the EEOC, contact the nearest local EEOC office. More information about filing a claim with the EEOC can be found at http://www.eeoc.gov/facts/howtofil.html.
he never actually applied and was rejected because they never gave him that opportunity.
if he was never given an opportunity he should highlight that in his letter, and mention that younger less experienced employees were promoted while he was not
based on what you've read does it sound as if he was discriminated against, or is this just business now-a-days?
It seems to be a case of discrimination from the facts you have given,
at this point, if he shows the employer that he is serious about a complaint,
that may spur them to act in his favor to avoid possible litigation,
or, they can make his life more miserable.
Under the retaliation laws, an employee who files an EEOC is protected from harassment,
if they do anything negative to him, he could sue for retaliation,
oh, that's good to know.
employers know this, and usually try to work it out with the employee
how much can you really expect from a company such as his (think, wal-mart, target, k-mart sized) as far as accomodations? they do not have computers, scanners, registers that he is able to use. etc.
A larger company has to provide reasonable accommodations,
they cannot make an excuse that it would be too expensive,
They do not have their forms, schedules, reviews in formats he can use on the computer that has voice capabilites.
as smaller employers can claim,
That is an issue and he should also claim a violation of the ADA
Would it be unreasonable for them to provide a reader for him if they can't provide the technology?
It should be considered
they should have the funds
even if the store in questions only has a set amount of work hours allowable? Is it also unreasonable for them to give set hours to certain tasks and then expect the work to be done faster?
Also, way above you mention that he is maybe being discriminated based on his age, but he's only 40. does that count??
I would stick, with the disability discrimination,
ok, one more thing. once he gives HR something in writing how long of a time period should he allow before moving on to EEOC?
I would wait one week, to wait for a response
and how long for them to actually take action?
You should state in the letter an EEOC complaint will be filed,
should we consider having an attorney draft the letter?
yes that would be best
and would you be the guy to do it?
no we are not allowed to represent customers,
you can hire any local attorney to draft such a letter,
You can also draft a letter later, and send it here for a review,
ok, fair enough.
Good luck, and if you have any further questions please do not hesitate to ask.
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