Hi, My name is XXXXX XXXXX I’m happy to assist you with your question today. I’m sorry to hear about your employment matter.
You do have what is called a prima facie case of discrimination. That is to say you are a disabled employee, you are able to to d the essential elements of the position, and you are apparently far more qualified than the person who got the position. It would then be up to the employer to offer a legitimate non-discriminatory reason for your lack of hire into that position. It's not at all clear to me that the employer's reason of "direct experience" is at all legitimate in this instance to constitute a legitimate non-discriminatory reason to defend the employer from the charge. I suspect it is not and you could have a case of disability discrimination, but there is a lot of factual detail in determining what is a legitimate non-discriminatory reason for the employer's defense of the matter (including an analysis of the job and the prospects backgrounds).
What I would recommend is that you file a charge with the Equal Employment Opportunity Commission (the EEOC) to investigate a charge of disability discrimination (and specifically whether the employer's rationale is non-discriminatory). The EEOC will investigate the employer to attempt to discover if this reasoning is legitimate and/or non-discriminatory. If they find an issue they'll attempt to resolve the matter between the parties, and bring charges against the employer if necessary. They do this all at no charge to yourself. If this sounds like something that interests you, then you can learn how to file a charge at the EEOC's website here.
I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, XXXXX XXXXX wish you all the best with this matter.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).