Is this legal?

Question

Hi,

I was offered a job on Tuesday by a temping agency who saw my cv on the net. They explained to me that the temp they had in there had suddenly withdrawn and they needed someone quick.

I told them that I am disabled and suddenly the offer was withdrawn. They said that they had just remembered that they needed to check with the firm that they still needed a replacement and they would call me back. As you can imagine, they didn’t call me back.

As you can guess, I have been fuming about this for a few days, which has delayed me posting this question, so I was wondering if anyone can tell me, are their actions legal?

To me it seems as though they are discriminating against me because I am disabled. What do you think? If it is discrimination and it is illegal, is there anything I can do?

Thanks

Also, I have 2 petitions on the net about discrimination against disabled people. Would you be kind enough to take a look and consider signing them.

www.theysuckedhisbrainsout.com

Answer 1

yes it sounds like discrimination, which is illegal, but you'd have to have PROOF of that conversation you had with the temp agency, like a recorded conversation. But be careful, some states it is illegal to record conversations uness all parties involved are aware that they are being recorded.

Answer 2

to be fair the job may have not been suitable for a disabled person and the agency may have had to check with the company and it could have been that company that withdrawn the offer of employment, so first you have to ascertain if this is a fact, if so it is the company at fault and not the agency. or it is possible they are jointly liable.
I dont really think you will have much of a chance suing them for discrimation unless you can get the agency on your side they, can confirm or deny if the company did in fact request a able bodied person after you got refused obviously the agency will be reluctant to do this if the company is a good customer.
In the circumstances a rather strong letter to the agency would be advisable pointing out that they may be in breach of the act, and you are not happy. they may in the circumstances offer you another position you never know.
BUT AT THIS POINT YOU HAVE VERY LITTLE CHANCE OF SUCCESS IF YOU SUE

Answer 3

First of all, did you simply tell them you were disabled or did you get into specifics? As someone who is disabled, I wouldn't tell anyone you are disabled in the future unless it specifically comes up in a job interview.

An employer can deny you employment if your disability prevents you from doing a specific job. For example, if you applied to work in a warehouse pulling orders and you had severe back problems that prevented you from lifting anything, they could legally deny employment.

If you think you were denied just because they didn't want to deal with a disabled person, then you need to contact an attorney to see if you can sue. That's about the only thing you can do at this point.

Answer 4

Yes it is illegal to discriminate against the disabled as well as against sex,creed, colour.
However,as teeby and klikmaus say you would be better armed if you had proof of the conversation and if the job was of a manual nature would your disability stop you from carrying out your duties, but they should have asked the question before withdrawing the offer.

Answer 5

Did your CV mention your disability? If it didn't then you were partly to blame for the temping agency not getting back to you. If it did then you should either ring them or go in person to their office and challenge their decision not to get back to you. I used to work for a temping agency many years ago and the reason they employed me was because of my disability (arthritis). Most companies will employ disabled people as they are entitled to a government grant which enables them to adapt the premises. Plus, they are obliged by the current law to employ a certain percentage of disabled people. Don't just sit there seething about it, do something.

I signed both your petitions while I was at it pet. x

Answer 6

I think this is a case where the facts could be investigated and there should be some government agency which is capable of doing this. If you were offered a job the person who relayed that information to you would have to be in the position of having to tell a lie to deny it and it may be that someone not responsible for that decision may be disinclined to do that. See your MP.

Answer 7

It is unlawful to discriminate against a Disabled person in employment providing they are capable of doing the job offered.

Answer 8

wait...so a temp agency contacted you out of the blue? I assume you wern't registered with the agency, or they would have known you were disabled.

Having dealt with temporary staffing agencies before, consider yourself lucky to have dodged this bullet. At best they want to take a cut of your paycheck, at worst they would exploit you or even steal your ID.

Answer 9

Don't tell anyone you're disabled just to say it. Only say it if necessary, like if it is pertinent to the job you are asked to do. You don't need or get pity points so don't go looking for them.

Answer 10

I haven't read the other answers yet., but I would say you jumped the gun...you should have let them give you the job and get it in writing and then arrive....may be difficult to prove now. as its just your word against theirs.