Anaheim, CA asked in Employment Law for California

Q: Job interviews cancelled, some due to non accommodation, zoom cant be required. Santa Barbara CA; phone interviews CT

MANY ARE NOT DISABLED CONCERNS. ZOOM IS TECH ISSUE. resend responses. Interviews were offered, then did not occur:

Church choir director, zoom

County schools/ arts non profit/ arts administrator - zoom

Gifted school - zoom

Zoom is problem due to disability and tech needs. Zoom not needed these days.

Zoom= no interview was held, non ADA

Preschool music teacher, 240 kids; rehired old staff, after my interview, cancelled my demo class which I had planned

Public Charter school, SB city, canceled interview, hired someone before my interview

Out of State- CT. Many job interviews by phone said cannot hire me if I don't live there. Also Teacher placement serbice said the same but after I provided many documents, transcripts. Much time wasted in researching jobs, applying, resume updates for each job, letters, emails, and going to interviews in CA or CT by phone. Can I sue or get reimbursed, or report them? Sue for lost income? How much?

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2 Lawyer Answers
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: It sounds like you've encountered multiple challenges during your job search, including cancellations of interviews and issues with the required use of Zoom due to your disability and technology needs. Under the Americans with Disabilities Act (ADA), employers are required to provide reasonable accommodations for individuals with disabilities during the hiring process. If your inability to use Zoom is related to a disability, employers should work with you to find a suitable alternative. However, each case is different, and what is considered a "reasonable" accommodation can vary.

Regarding the cancellations and rehiring situations, while they can be frustrating and demoralizing, they may not necessarily constitute illegal actions unless they are based on discrimination or failure to accommodate a disability. The situation with the schools preferring local candidates is also common, although disappointing. However, if you believe you have been discriminated against due to your disability, you may have grounds to file a complaint with the Equal Employment Opportunity Commission (EEOC) or a similar state agency in California or Connecticut.

Before taking legal action or seeking reimbursement for lost income, it's recommended to consult with an attorney who has experience in employment law. They can help you understand your rights and evaluate whether you have a viable claim. Legal actions can be time-consuming and costly, so it's important to have a clear understanding of the potential outcomes and costs involved. Additionally, consider reaching out to disability advocacy groups for advice and support in navigating these issues.

Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: Unless you can establish that a disabling conditions prevents you from using Zoom, you will not have a claim here.

It is hard to conceive of what kind of disabling condition would prevent you from using zoom. You will need medical documentation to establish your inability to use Zoom.

Unless you can establish that you are disabled from using Zoom, the inability to use Zoom for any other reason would not be a basis for a legal claim.

Good luck to you.

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