How to Get a Job With a Disability and What Rights to Know

Overview

• More information on your rights
• What workplace accommodations you can expect
• What to do if you believe your rights are violated

People with disabilities face unique hurdles in the job market. According to the U.S. Bureau of Labor Statistics (BLS), people with a disability have an unemployment rate of 7.3%. At the time that data was taken in 2019, the unemployment rate among the general population was just 3.5%.

Don’t let those figures discourage you. Modern technology is improving circumstances and making it easier for job seekers with disabilities to find gainful employment. Additionally, U.S. legislation provides greater protection than it did in the past.

As a person with a disability, you are protected by the Americans with Disabilities Act of 1990 (ADA). It’s important to know your rights, so here’s a quick rundown.

You don’t have to inform an employer about your disability when applying for a job. You don’t even have to tell your employer about your disability when they hire you. Furthermore, U.S. law protects you against unnecessary medical inquiries on the job.

While it’s an unpleasant thought, unfortunately, discrimination in the workplace exists. Assuming you’re capable of doing the job, it’s illegal for an employer not to hire you — or promote you — because of your disability. They also can’t fire, harass, or demote you, or pay you less than others because of your disability.

Once you’re hired, your boss or co-workers can’t make derogatory jokes, comments, or gestures related to your disability. You also can’t be refused a pay raise or promotion on the basis of your disability if you are able to perform the job’s essential functions.

You have the right to ask for “reasonable accommodations” that allow you to do your job and give you equal chances of succeeding at it. Examples of reasonable accommodation an employer can make include:

• Making facilities accessible for those with a physical disability, including installing a wheelchair ramp or wheelchair-accessible bathroom
• Acquiring devices or equipment so the employee can perform their job, like getting a desk to accommodate mobility aids, transcription software if a person can’t use a keyboard, or closed captioning software for those who are hard of hearing
• Providing adapted training materials as needed, such as if a person with a hearing impairment needs a sign language interpreter for in-person training or a person with a visual impairment needs a Braille employee training manual

It’s also considered discrimination if your employer refuses to make such reasonable accommodations to the work environment.

There is an exception worth noting when it comes to federal disability employment nondiscrimination laws. Private employers with fewer than 15 employees are not subject to this federal legislation. For this reason, you may be better off looking for work with larger public companies.

That’s not to say that a smaller private employer won’t hire you or won’t be a great option for you career-wise. There are simply extra protective measures provided by the federal government that will better safeguard you if you end up working for a public company with 15 or more employees.

Knowing your rights will give you the confidence you need to succeed in the job market. Below are some additional pointers to help you find a job and thrive in your new role. We’ve broken this section into three parts: the application process, interview process, and first day on the job.

Before you start applying for jobs, narrow down your options. What career path are you interested in pursuing? What are you passionate about? Once you have an answer, figure out what educational credentials and skills you’ll need to get a job in that field. The U.S. Bureau of Labor Statistics (BLS) is a great resource for this information. You can also simply look at job listings for your dream gig and see what criteria they list.

Once you have this information, focus on getting the skills and credentials you’ll need to get your job. Technology makes education more accessible than ever before. For example, if you have mobility issues, you can sign up for online courses to get the knowledge you need. This allows you to gain the requisite skills without leaving home.

You can then start preparing your application materials. Create a resume that highlights relevant skills and training for the job you want. When it comes to the cover letter, tailor it to each job for which you apply. In line with the disclosure requirements described above, you are not obligated to disclose your disability in your application.

As you commence your job hunt, take advantage of resources for those with disabilities. DIVERSEability Magazine provides a guide to disability-friendly employers, and federal agencies like the Workforce Recruitment Program (WRP) and the USAJOBS federal job search engine are also great tools. To broaden your reach, you can additionally search job openings via general online databases. For example, if you would be more comfortable working from home due to your disability, you can filter jobs accordingly.

It will probably take multiple applications before you hear back about an interview. Don’t get discouraged and don’t give up; this is a normal part of the job-hunting process that every person goes through. But what happens when you do get the call for an interview?

Again, you are not obligated to disclose your disability. That said, if you require special accommodations, this may be the best time to disclose these requirements to your potential employer. For example, if you require a sign language interpreter for the job interview or will arrive with a guide dog, it’s worth mentioning this beforehand. Similarly, if you need a wheelchair, you’ll want to make sure the interview site is accessible.

Note that discrimination laws mean that a potential employer must accommodate your needs. That doesn’t necessarily mean they need to build you a wheelchair ramp if they don’t have one. They could instead propose an interview via video chat, for example. The point is that you should not be afraid to mention your needs. Simply present the facts and explain what reasonable accommodations you require.

For the actual interview, practice with a friend or family member beforehand. Anticipate concerns that may arise and how to address them directly. On the big day, make sure to set aside a professional outfit. Review the cover letter and resume you sent with your application and bring printed copies with you to refer to during the discussion if needed.

You survived the hiring process and got the job offer — congratulations! While you’re undoubtedly excited, you may also be nervous. Again, advanced preparation will help ensure your success. If you will require any reasonable accommodation to thrive in your new role, be upfront about this. Discuss it with your direct supervisors before you start.

If you aren’t sure whether your needs fall under the umbrella of workplace accommodation, check out the Job Accommodation Network for guidance. The U.S. Department of Labor’s Office of Disability Employment Policy (ODEP) also has information about points like accessible technology, communications access, flexible working arrangements, and more. Check out their “Employment Supports” section for more information.

Remember, you aren’t obligated to tell others about your disability, but you can share details about your medical condition with your co-workers when you’re ready. You may prefer to focus on work and adapt to your new job site surroundings first. Nobody can force you to disclose details of your disability, nor do you owe anyone an explanation. Focus on the task at hand — doing your best and thriving in your exciting new role. You worked hard to get here, so enjoy it.

What if someone does violate your employment rights as a person with a disability? It’s an unpleasant thought, but one we should address. In the event that this occurs, you are fully entitled to take action. You can file a charge with your state’s Fair Employment Practices Agency (FEPA) or the U.S. Equal Employment Opportunity Commission (EEOC). Here’s a how-to guide via EEOC.gov.

Note that you must usually file within 180 days. If you are a federal employer, you should reach out to your EEO counselor within 40 days. You may also want to consult a lawyer. Employment discrimination lawsuits are complicated and it’s best to have a legal professional with experience in this field supporting your case.

Although you hopefully won’t have to deal with discrimination in your job hunt, knowing your rights and being aware of the resources available for disabled people will keep you safe.

Joblist is committed to helping everyone find rewarding careers. You can find job opportunities easily via our online platform. Also, be sure to check out our resource center for job applicants, which provides tips on everything from writing your resume to learning more about which jobs are best for people with social anxiety.

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