I was laid off siting my position is no longer available but just found out they hired another person for the same position. I was handicapped because I broke my hand and also had a hernia surgery in a month which affected my work efficiency. I think I was laid of due to discrimination. Do I have a case and if so how do I sue them?
You must file a complaint either with the Oregon Bureau of Labor and Industries or the US Equal Employment Opportunities Commission, and you must do so within 180 or 270 days, depending on where you file. You should contact a lawyer first, however, so that he or she can help you fill out the forms.
You should first contact the federal EEOC and/or your State's fair employment agency to file a complaint based on your handicap. If this administrative process ius unsuccessful, then you may litigate the employment handicap matter in federal orstate court.
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