Can I sue a restaurant for not hiring me because of my disabilities?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I sue a restaurant for not hiring me because of my disabilities?

I have facial paralysis and I’m deaf in one ear. The restaurant I applied to is known for hiring a specific type of girl. I’m fairly confident in my looks and you can’t tell I have a disability until I begin to talk, which they noticed in the interview. I believe that this is illegal and I also think that I’m protected by the Disability Act.

Asked on May 5, 2011 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You *may* have a cause of action. You are correct that an employer may not discriminate against a propospective employee or job candidate on account of a disability if they can make a reasonable accomodation. The question is, whether a reasonable accomodation is possible, which means could you reasonable do the job with some assistance. For example--a friend of mine is deaf in both ears. Even with his hearing aides, he could not work in a restaurant as a server, since when there is background noise--as there typically is in a restaurant--he could not hear or understand the orders from customers. So depending on the extent of your condition--both hearing and also speech (IF there is any speech impediment)--you may not be able to work in this position. Also, you may be turned down for unrelated issues--e.g. if you have no experience, but they wanted an experienced server.

From what you write, it would be worthwhile to consult with an employment attorney, who can evaluate all the facts and advise you as to whether or not you have a case.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption