I had an email conversation with a HR considering an upcoming job interview that I was supposed to be scheduled for. In my last email I mentioned that I have a neurological condition that requires adjustments during the interview, and that I already had interview with a different branch of their company about 6 months and a week ago. They answered that they won't interview me this time, because they have a policy to not re-try candidates in less than 6 months. However, 6 months and a week is definitely not less than 6 months.
Can this change in their decision be considered an act of discrimination?
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1 Answers
It certainly sounds like it. They suddenly changed their minds about interviewing you when they found out about your condition without giving a good reason. As long as that condition meets the ADA standard for "disability" I'd say you have a case.
The primary job of an HR department is to stop the company from being sued, so if you escalate you will probably get their full attention.
I'd suggest emailing them to point out the mistake about the 6 months and ask them to put it right by reinstating the interview. You might also ask for a copy of this "6 month" policy (I doubt you will get it, but just asking might put the wind up them). I don't know if its a good idea mention the ADA at this point: on the one hand merely mentioning it is a threat, but on the other hand threats can work.
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