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Denied a job because of my disability
What usually matters in this situation, and the papers to keep ready before you meet an advocate or free legal aid (call 15100).
Make my own list — free, 2 minutesYour situation
- What happened? Refused a job, promotion or fired
Where you stand
- In your favour You are entitled to a free lawyer whatever your income — call 15100.
- In your favour A complaint to the Disabilities Commissioner is free, needs no lawyer and can be filed online or by email.
Papers to gather
- UDID card or disability certificate
Needed for every right, reservation and free legal aid. Where: swavlambancard.gov.in, or the district medical board. - The refusal — letter, email, message or a note of what was said, by whom and when
The core proof of discrimination. Where: Your records. - Your application, advertisement or notice you responded to
Shows what you asked for. Where: Your records; the website. - The vacancy notice or prospectus showing PwD seats or posts (or that none were reserved)
Missing 4% / 5% reservation is a direct violation. Where: The advertisement or prospectus. - A short list of the support you need (ramp, interpreter, large print, scribe, extra time)
Denying reasonable accommodation is discrimination under the Act. Where: Write it yourself.
You may also need, depending on your answers
- Send a written complaint to the office or company and keep the receipt — Commissioners and courts ask whether you complained first.
What the law says
The Rights of Persons with Disabilities Act, 2016 bars discrimination on the ground of disability, and denying reasonable accommodation is discrimination. Government establishments cannot discriminate in employment or promotion (s.20) and must reserve at least 4% of posts for persons with benchmark disabilities (40% or more) (s.34); government and aided higher-education institutions must reserve at least 5% of seats with 5 years’ age relaxation (s.32). Courts, police and commissions must be accessible (s.12). Complaints go free of charge to the Chief Commissioner (central bodies and others) or the State Commissioner (state government bodies) (ss.75, 80) — by post, email or online, without a lawyer or a personal visit. Intentionally insulting or intimidating a person with disability in public view to humiliate them is punishable with 6 months to 5 years (s.92). Every person with a disability is entitled to free legal aid (Legal Services Authorities Act, s.12(d)).
General information, not legal advice.
Saboot will also ask
- Do you have a UDID card or disability certificate?
- Who is responsible?
- Have you complained in writing to them?
Similar situations
- College refused me a scribe or extra time
- No ramp or lift at a government office or bank
- Disability pension or UDID card delayed
- Mocked or insulted because of my disability
- Need a sign-language interpreter in court
- PwD reservation not given in a government job or college
- Website or app not usable with a screen reader
Sources
- Rights of Persons with Disabilities Act, 2016 (sections 12, 20, 32, 34, 75, 80, 92)
- Legal Services Authorities Act, 1987 — section 12(d)
- Chief Commissioner for Persons with Disabilities — complaints
- UDID — disability certificate portal
- NALSA — free legal aid
The full guide: Disability — denied a job, admission, access, benefit or treated unfairly · All situations