Know Your Disability Rights During the Hiring Process and at Work

By Elana Gross, Monster contributor

If you’re among the 26% of Americans that have some form of disability, you probably have questions about your disability rights when it comes to the application process, interviewing and even once you’ve started a job. This is especially important if you need accommodations at some point during the hiring process or to fulfil your responsibilities at work.

Does disability law require you to disclose your situation? Should you? And, if you do mention your disability, when is the best time to bring it up? We know you’re busy applying to jobs, so we did the research to address some of the questions like this that you may have.

Disability Law: Do I Have to Disclose My Disability to an Employer?

The short answer is no. You are not legally required to mention your disability while you’re being considered for a job. You do not need to disclose your disability on your resume, cover letter, or other application materials, or during your interview.

The U.S. Equal Employment Opportunity Commission (EEOC) enforces The Americans with Disabilities Act (ADA), which provides your disability rights and prevents eligible employers from discriminating against qualified job applicants and employees if they have a disability. However, with that in mind, it remains your personal choice as to whether or not to disclose. Note that ADA only applies to state and local government employers and private employers with 15 or more employees.

What Qualifies as an ADA Disability?

So what is a disability under the ADA definition? The law considers someone to have a disability if they: have, have a record of having, or are perceived to have a "physical or mental impairment that substantially limits a major life activity." If you fall into any of these categories, you are protected from disability discrimination.

Reasonable Disability Accommodations at Work

To be protected under the ADA during the hiring process, you must meet the job requirements and be able to complete the "essential job functions" with or without a "reasonable accommodation." A reasonable accommodation refers to a change or modification to the work environment or the way things are done that makes it accessible for you. For example, you could request for the employer to modify the hiring process by:

  • hosting the interview in an accessible space
  • providing an American Sign Language interpreter or reader
  • offering you written materials in accessible formats

An employer is required to provide reasonable accommodations as part of your disability rights unless they can show that it is an "undue hardship," meaning there would be a "significant" difficulty or cost. But they can't refuse to provide a requested accommodation if there is some cost involved, and they must provide an alternative accommodation. However, although you’re protected, you are not required to self-identify as disabled on a job application or during an interview, even if you later choose to disclose that you need reasonable accommodations.

How the ADA Applies to the Hiring Process

Because disabilities can be considered by some to be barriers to employment, the law prohibits employers from asking "disability-related questions" or requiring medical examinations until they have made you a conditional offer. However, if you disclose that you have a disability or have a visible disability, an employer can ask for more information, but there are limits:;

  1. Employers are prohibited from asking invasive questions about your disability and should only ask questions about the accommodations you need and whether you'll be able to complete the essential job responsibilities.
  1. In those instances, the employer can ask you whether you can complete the essential job responsibilities with or without reasonable accommodations and for you to demonstrate or describe how you'd do it.

When it comes to nonessential job responsibilities, employers can't refuse to hire you if you can't complete them.

There's a Disability Question on a Job Application. What's That About?

If you see a disability question on a job application, that's not entirely unusual. Some companies have Equal Employment Opportunity (EEO) survey questions at the end of an application to collect data that they are required to submit to the EEOC.;

The survey will typically ask about your gender, race, and whether you have a disability. The form should state that it is voluntary and provide you with an option to decline answering.

Should I Disclose Disability on a Job Application?

You know you don't have to disclose your disability, but should you? While it’s totally up to you, it’s advisable to disclose your disability if you need a reasonable accommodation during the hiring process, when you start the job, or at any point during your time with the company. If the employer asks for "reasonable documentation," check your state's laws to see how much information they can request.

Consider for yourself the potential benefits and downsides of disclosing. Benefits include:

  • receiving necessary accommodations
  • gaining support

Possible downsides, depending on the company, may include risking:

  • stigma
  • harassment
  • a loss of privacy

Can You Be Fired for Not Disclosing a Disability to Your Employer?

No. It is illegal for an employer to terminate your employment due solely to your disability. This means that if you have performance issues that are directly caused by a disability, you can not be fired for that reason. However, this does not mean you can avoid termination altogether.

Your employer can legally fire you if:

  • there is a reason unrelated to your disability
  • you don’t meet legitimate standards for the job with or without a reasonable accommodation
  • you pose a threat to workplace health or safety because of your disability

While you can’t be fired over your disability, your employer can only provide reasonable accommodations if you tell them about what you need to help you work with your disability. If you don’t disclose your situation, your employer may not realize that any performance issues you exhibit are because your disability makes it difficult for you to do your job successfully.

How to Tell If an Employer Is Inclusive

To ensure you end up working for a company that respects your disability rights, here are some tips to help you figure out if a prospective employer is inclusive. Check if the company has:;

  • an accessible website and includes an accessibility statement
  • an employee resource group focused on disabilities
  • partnerships with disability organizations

Start the Hiring Process with a Free Resume Review

Now that you know more about your disability rights and the process of disclosing a disability to an employer, you're ready to begin preparing for the job search. Want some help with that? Start by polishing your resume with our experts resume writing services. We show you how to improve it so that you have a better chance of getting interview requests.

 

This article is not intended as a substitute for professional legal advice. Always seek the professional advice of an attorney regarding any legal questions you may have.