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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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  • Discrimination on what basis? – phoog Sep 24 '20 at 6:18
  • @phoog The OP mentioned telling the company about a neurological condition, and includes the "americans-with-disabilities-act" tag, so presumably the question is about whether the sudden decision not to interview is a breach of that act. – Paul Johnson Sep 24 '20 at 7:07
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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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  • To what pupose? Threating to sue is not going to get them hired. At that early stage in the game an employer can ALWAYS find a definsible reason not to hire someone. The only thing this will acheive is to get the candidate on "do not hire ever" list. – Hilmar Sep 24 '20 at 12:39
  • @Hilmar It depends on the company (which is why I said I don't know if its a good idea). HR is not the hiring manager, so once HR reinstate the interview its possible that the OP might impress the hiring manager enough to get hired. Or maybe not. – Paul Johnson Sep 24 '20 at 13:19
  • @Hilmar wouldn't this be a violation of the law itself? – Kodealot Sep 24 '20 at 20:34
  • @Kodealot Yes it would. The problem is proving anything. All the company as to say is something anodyne like "not a good fit for the company culture", and the plaintiff has to prove they are lying. By comparison the OP has a smoking gun over the decision to withdraw the interview. – Paul Johnson Sep 24 '20 at 22:07
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    @Kodealot: Hiring discrimination is very hard to proof unless the company is incredibly dumb about it. Turns out dumb comanies do exist: shrm.org/resourcesandtools/hr-topics/talent-acquisition/pages/… – Hilmar Sep 29 '20 at 16:06

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