Employment law is a challenging area, especially for people going through the already stressful process of looking for work. If you have a disability and are unsure about what to say to the interviewer regarding your condition, it might be even harder.
Additionally, you could suspect that the person questioning you is probing you about your disability in ways that might not be suitable or permitted. So how do you know what to do as a person with a disability while you are looking for a job? Keep reading to learn what your rights are. If you feel you have been the victim of disability discrimination, contact PLBH at (800) 435-7542 for a free legal consultation.
You do not need to mention your disability when applying for a job
First of all, when you are merely applying for a job, you should not mention any disabilities. You are not compelled to do so, and as many people can attest, if you reveal your disability too soon, you risk losing out on a career opportunity.
Employers cannot ask about disabilities until they make a job offer
Potential employers are not allowed to inquire about any disabilities until they make what are known as “conditional” job offers, as an experienced disability discrimination attorney may clarify. An employer may not request a physical examination or inquire about any medical conditions before extending this offer.
Furthermore, they are not allowed to inquire about your use of medications or any inquiries meant to ascertain whether you may have a disability. Inquiries like “Are you competent to fulfill all the obligations of this work, with or without accommodations?” and “Do you currently use any illicit drugs?” that are related to job suitability are permissible.
What is – and what is not – allowed in a conditional employment offer
An employment offer with stipulations is referred to as a conditional offer. Common prerequisites can include passing a drug test, qualifying for a commercial driver’s license, or clearing a background investigation.
The question of whether you require any adjustments for a disability can only be posed by an employer after making a conditional job offer. You can now say that you require appropriate accommodations. This may be something like using customized lighting to lessen headaches or a chair with an ergonomic design to ease back pain. If the employer refuses to make the accommodation, it must demonstrate that doing so would put an unreasonable burden on them.
Job seekers should be wary of conditional job offers, advises a disability discrimination attorney. Before giving notice at your current employment, make sure you have passed any examinations and gotten an unconditional job offer (if any).
Employers cannot ask your references about your disability
Your present or previous employers are another source that potential employers may check to see if you have a disability. It’s important to note that prospective employers cannot ask your references any questions they cannot ask you directly. You cannot be questioned about your disability during the interview process by the firm, including if you used FMLA time, whether you required accommodations, or anything else.
Of course, it can be challenging to determine whether a potential employer enquired about these matters from a current or past employer. However, in rare circumstances, your references can claim that they received a call from a potential employer asking about their knowledge of your disability. To examine your legal possibilities in this situation, you should speak with a disability discrimination attorney.
Talk to a disability discrimination attorney if you believe you have suffered discrimination
You may have been the victim of disability discrimination if an employer suddenly fired you after learning about your disability during the interview or after you were hired. Determining whether you have a solid case against the employer might be made easier if you work with a knowledgeable disability discrimination lawyer.
The PLBH attorneys are committed to pursuing justice on behalf of their clients. Call (800) 435-7542 or send an email to info@plblaw.com to arrange a free initial consultation with a disability discrimination lawyer.