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Dwayne B.
Dwayne B., Lawyer
Category: Employment Law
Satisfied Customers: 33150
Experience:  Employment Law Expert
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My 20 year old daughter has disabilities and has been

Customer Question

My 20 year old daughter has disabilities and has been working at a fast food establishment for over 1 year. She has worked 20 or slightly more hours per week up until a few weeks ago and they scheduled her less than 10 hours. She also was called to go in to work and when she got there they told her she wasn't needed. I feel like they are picking on her.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

Is there a specific question with which I could assist?

Customer: replied 1 year ago.
Does this fall under discrimination due to disability?
Expert:  Dwayne B. replied 1 year ago.

It can, but you would have to have more evidence than just a "feeling". These type of cases are usually proven either by direct comments, such as a manager saying something to another employee or to the worker themselves, or by statistics. Most often it is proven by statistics such as looking at the number of hours everyone else is given, hours that are increased, preferential hours, etc. and showing that the person that is protected by law is actually being treated differently than others.

Unfortunately, the materials that you have to have to look at statistics aren't available until an action is taken. With a disability discrimination case the case MUST start by filing a charge of discrimination with the EEOC (Equal Employment Opportunity Commission). If a charge of discrimination is not filed with the EEOC and a lawsuit is filed the judge will dismiss the lawsuit as soon as the employer asks for them to do so.

When the EEOC receives the charge of discrimination they will begin investigating and often the records they obtain can be used to prove the case.