QUESTION
Can I file a lawsuit for a pre-employment discrimination if I was well qualified but was not offered the position?
Asked on Mar 19th, 2014 on Litigation - Michigan
More details to this question:
I applied for a job position (that is out-of-state from current residence) that I was well qualified with my education and experience. I was not offer the position with the understanding that another candidate had better qualifications. However, I received a phone call from an individual who is associated with the organization that claimed a few of her associates stated during the meeting on the final approval for the candidates that I had a speak impairment that would inhibit me from being successful with the position. They proceed to offer the position to the candidate that apparently has less qualification in comparison with me. I was never diagnose with a speak impairment. I may not have the best speaking skills, but it has never inhibited me from conducting my job with previous employers of other organizations. If I were to pursue a lawsuit, what would be the benefits to me for filing this discrimination?
6 ANSWERS
You should ask an attorney who handles discrimination cases. I do not Most do not charge just to talk - that is how they get cases.
Answered on Mar 21st, 2014 at 8:58 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You need to file a claim with the EEOC for violation of the Americans with Disabilities Act before you do anything else. You have 6 months to file the claim.
Answered on Mar 20th, 2014 at 1:24 PM
Administrative Law Attorney serving Pasadena, CA
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License Advocates Law Group LLP
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If you do not have a speech impairment, then the employer is free to choose the candidate with better speaking skills. The "most qualified" is not measured by any single criteria and what the employer thinks makes a candidate"most qualified" will be given deference.Here, in the employer's view, you were not as qualified as the candidate with better speaking skills. You do not have a sound claim for unlawful discrimination on the facts you have offered here.
Answered on Mar 20th, 2014 at 11:51 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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On the facts given I would not accept your case. You were never hired, and the ability to express yourself well is a significant job skill.
Answered on Mar 20th, 2014 at 11:50 AM
Bruce A. Coane
The federal law requires that you first file a complaint with the EEOC. Only once the EEOC gives permission to go to court, could a lawsuit be properly filed. Of course, you'd have the burden of proving exactly what happened.
Answered on Mar 20th, 2014 at 11:48 AM
General Practice Attorney serving Bingham Farms, MI
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The Niskar Law Firm PLLC
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*If the prospective employer failed to hire you because of a speech impairment (or even a perceived speech impairment), it could be a violation of the Americans with Disabilities Act and/or a violation of the applicable state disability discrimination laws. You should consult with a lawyer who specializes in handling employment discrimination cases, and you should not delay in doing so as there are short deadlines that must be met in order for you to preserve your rights under both federal and state law.
Answered on Mar 20th, 2014 at 11:47 AM