Learn more about your rights and what to do if you have faced disability discrimination when searching for a job.
Employment law is a complex field, particularly for those who are in the already stressful process of trying to find a job. It can become even more challenging if you have a disability, and you are worried about what you are supposed to tell the interviewer about your condition. You may also have a suspicion that the person interviewing you is asking you questions about your disability that might not be appropriate — or legal. So how do you know what to do when looking for a job as a person with a disability?
As an initial matter, you should not disclose any disabilities when you are simply applying for a job. You are not required to do so, and as many people have experienced firsthand, disclosing a disability too early may result in losing out on a potential job.
As a skilled disability discrimination attorney can explain, potential employers are not supposed to ask about any disabilities until they make what are known as “conditional” job offers. Before making this offer, an employer cannot ask questions about any medical issues or require a physical examination. They also cannot ask questions that are designed to determine if you may have a disability, such as “do you take any medications?” They can ask certain questions that are linked to the ability to do the job, such as “are you able to perform all the duties of this job, with or without accommodations?” or “do you currently use any illegal drugs?”
A conditional job offer is one that contains conditions. Common conditions may include passing a drug test, or perhaps being able to obtain a commercial driver’s license or passing a background check. Only after extending a conditional job offer can an employer ask you if you need any accommodations for a disability. At this point, you can disclose that you need reasonable accommodations. This may include something like a special kind of lighting to reduce headaches, or an ergonomic chair to reduce strain on your back. If the employer does not want to provide the accommodation, then it will have to prove that accommodating you will cause an undue hardship. According to a disability discrimination attorney, job hunters should be cautious about conditional job offers. Be sure that you have passed any tests and received an unconditional job offer before giving notice at your current job (if any).
One other avenue that prospective employers may use to find out if you have a disability is through your current or former employers. Importantly, prospective employers cannot ask anything from your references that it cannot ask you directly. The company interviewing you cannot ask if you took Family and Medical Leave Act (FMLA) time, if you needed accommodations, or anything else related to your disability. Of course, it may be difficult to know if a prospective employer asked a current or former employer about these topics. But in some cases, your references may tell you that they got a call and the prospective employer wanted to know about your disability. In this case, you should consult with a disability discrimination attorney to discuss your legal options.
If a potential employer finds out about your disability at the interview or after you have been hired, and then either withdraws your offer or fires you suddenly, then you may have suffered disability discrimination. Working with an experienced disability discrimination attorney can help you determine if you have a strong case against the employer.
The attorneys of PLBH are dedicated to seeking justice for our clients. Contact us today at (800) 435-7542 or info@plblaw.com to schedule an initial consultation with a disability discrimination attorney.