united-states employment discrimination americans-with-disabilities-act
HR is suddenly changing their opinion. Can this be considered an act of discrimination?
<p>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.<br />
Can this change in their decision be considered an act of discrimination?</p>

<p>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 <a href="https://www.ada.gov/pubs/adastatute08.htm#12102" rel="nofollow noreferrer">ADA standard for &quot;disability&quot;</a> I'd say you have a case.</p>
<p>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.</p>
<p>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 &quot;6 month&quot; 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.</p>
