Legal Question in Employment Law in Oregon
Discrimination based on health concerns
I was seasonal help at my current employer and I had asked to be kept on the schedule and be a permanent employee. About a week later I told my boss about an issue i had with a re-occurring bone infection in my leg. She freaked out and asked if she needed to cover my shifts and I said i will be fine. but now I didn't get the permanent spot and I feel the only logical guess as to why is my bone infection (which actually turned out to not be an infection). I perform extremely better than all the other employees and have a long history of success with this large retailer. Do I have a case and is it even worth fighting for? Thank you so much.
Brett
1 Answer from Attorneys
Re: Discrimination based on health concerns
An employer that refuses employment (or refuses �permanent� employment) because an applicant has a �disability� or because the employer believes the employee has a disability is in violation of the Americans with Disabilities Act (ADA) and state disability discrimination law. The courts have severely narrowed what can be considered a disability for protection under these laws, and analyzing if a particular physical or mental impairment is actually a disability is a complex and difficult task. You should consult a lawyer or contact the Oregon Bureau of Labor & Industries, Civil Rights Division, for assistance.
You need to take action promptly. Do not delay. Your rights may be lost if you wait too long to act.
The above is a general discussion of legal issues only and does not constitute specific legal advice. Obtain the advice of an attorney who has the benefit of all the facts and circumstances.
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