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I went to a store and the clerk refused to help me despite my disability. Is this discrimination? Is there anything I can do?

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Question:

I went to a self-service gas station, but had difficulty using it because of my disability. There were other people working in the store, but the clerk in the store refused to help me.  She said I did not look disabled, is this legal?  What can I do?

 

Answer: (1)

The Americans with Disabilities Act (ADA) was enacted to make it easier for persons with disabilities to enjoy the same rights and services as those persons who are not disabled. It is hard to determine without knowing all the specifics of your case, but it seems that this establishment may have violated your rights under the ADA and possible the state where you live.  Businesses are required to provide reasonable accommodations to persons with disabilities.  If you want to take further action, you should contact the local office Equal Employment Opportunity Commission (EEOC) or the human relations office in your state.  These agencies can advise you of your rights and assist you with filing a complaint against the business.

The definition of disability and the definition of what is reasonable under the ADA and state law can vary.  Contact a disability lawyer or one who handles employment issues for further guidance of your responsibilities in this area.

Posted by Edith Hull on 21 Jan 2010

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