My wife was just turned down for a job and it may be because our daughter has a disability.

My wife was just turned down for a job she is extremely qualified for, and we think it is because she is currently the caregiver for our daughter who is disabled. My wife has the education and employment background for the position, as well as internal references from the company. After interviewing, she was told they were moving on with other candidates, but this position was a referral and not a listed job opening. She has been a caregiver for my daughter (full time) for the last 8 months, and explained that as her reason for a recent gap in her employment. The person who referred her graduated with her and has the exact same background, so we can't think of any other reason why my wife would be turned away but her colleague wouldn't be. How do we handle this?

1 answer  |  asked Feb 2, 2021 10:58 AM [EST]  |  applies to Colorado

Answers (1)

Nina Kazazian
Hi Thank you for your question. If you think the failure to hire was due to your wife's responsibility as caregiver for your daughter, the place to raise this complaint would be the Colorado Civil Rights Division or the EEOC. You have only 180 days from the date of discrimination to make the complaint--otherwise the legal claims are forfeited. It takes a fair bit of time from the first contact with either of these agencies before your complaint is "submitted" so don't delay. Working with an attorney can speed up the process, but is not required.

Before you go this route, however, I would suggest you try to get some additional information. Perhaps your wife can ask the interviewer why she was not selected. Is your wife still the primary caregiver for your daughter? Is it possible that those responsiblities would interfere with the job? An employer is not required to hire someone who cannot perform the essential job functions with or without a reasonable accommodation--So talk to an attorney to evaluate the facts here before you file a charge of discrimination, if you aren't running up against the statutory time limitation.

posted by Nina Kazazian  |  Jul 16, 2021 4:44 PM [EST]

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