As a ‘disabled veteran’, I have found that it is extremely difficult to accept that label. However, I find it easier to accept that others are worthy of the benefits and the title. But even more so, when I have to disclose my status on an application, it makes me cringe internally. Are you classified as a disabled veteran?
Inner turmoil begins the moment I start to move the cursor to click the respective box. Why is it so easy to judge myself, but just even easier to accept others who face similar difficulties? But also, why does my anxiety instantly increase when I wonder if disclosing my status affects my chances of qualifying for the position?
Disclosing Disability Status
According to the U.S. Equal Employment Opportunity Commission, employers generally cannot ask disability-related questions or require medical examinations until after an applicant has been given a conditional job offer. However, employers are legally allowed to ask if an applicant may need reasonable accommodation to carry out the duties of a specific job. So, when should we feel open to answering that question?
Employers may ask if you have or have had a disability for several legitimate reasons, often tied to legal compliance and inclusivity efforts. There are also some benefits that a company can receive for hiring applicants with disabilities. Companies can have a myriad of reasons for asking about your disability status at any point in the hiring process.
main reasons Companies Ask
- Compliance with Equal Employment Opportunity Laws
In countries like the U.S., employers are required to collect data on the employment of individuals with disabilities to demonstrate compliance with laws such as the Americans with Disabilities Act (ADA) or Section 503 of the Rehabilitation Act.
This data helps track the organization’s progress toward creating a diverse and inclusive workforce. - Tax Incentives
Employers may qualify for tax credits, such as the Work Opportunity Tax Credit (WOTC), for hiring individuals with disabilities. These incentives encourage businesses to recruit and support employees with disabilities. - Accommodations and Accessibility
Employers might ask about disabilities to understand if they need to provide accommodations or make workplace adjustments to ensure all employees can perform their jobs effectively. - Affirmative Action Programs
Federal contractors and organizations with diversity goals may ask this question to meet affirmative action requirements and ensure their hiring practices are equitable. - Voluntary Self-Identification
Many employers include this question as part of a voluntary self-identification form. It is typically anonymous and separate from your application or employment file, ensuring it doesn’t influence hiring decisions.
What Should You Know as an Employee?
No matter when you answer this question, before, after, or during the application process, you are protected from being discriminated against. The Americans with Disabilities Act prohibits employers from discriminating against those who are qualified, but also may have disabilities. There are also several points to keep in mind when these types of questions do come up:
- Confidentiality: Information about disabilities is protected and kept confidential under laws like the ADA.
Optional Disclosure: You’re not obligated to answer this question unless accommodations are needed. - Non-Discrimination: Employers cannot discriminate against you based on your disability status, whether current, past, or perceived.
- Answering the question is a personal choice, and it’s important to evaluate your comfort level and the specific context in which it’s being asked.
Legally, disclosing a disability should not affect your potential to be hired. Anti-discrimination laws, such as the ADA, prohibit employers from using disability status as a basis for hiring decisions. Employers are required to make hiring decisions based on qualifications, experience, and ability to perform the essential functions of the job, with or without reasonable accommodations. However, the reality of the situation can be more nuanced.
Ways It Should Not Affect Hiring
- Legal Protections: Employers cannot legally discriminate against qualified candidates with disabilities. If they do, it can result in legal repercussions.
- Anonymous Self-Identification Forms: When disability status is collected for compliance or affirmative action purposes, this information is usually kept separate from hiring decisions and not shared with hiring managers.
- Reasonable Accommodations: Employers are legally obligated to provide accommodations as long as they do not cause undue hardship to the organization.
Ways It Might Affect Hiring (Unlawfully)
- Bias (Conscious or Unconscious): Some hiring managers may have misconceptions or biases about disabilities, assuming they could limit productivity or require expensive accommodations. While this is illegal, bias can sometimes influence decisions.
- Workplace Culture Concerns: If an employer wrongly believes a disability might disrupt team dynamics or require excessive changes, they might weigh this (unlawfully) in their decision.
- Lack of Understanding of the Law: Smaller companies or those without robust HR teams might lack understanding of their legal obligations, leading to inappropriate considerations.
What to Do If You Suspect Disability Discrimination
Facing possible discrimination because of a disability can feel overwhelming, but you are not powerless. The most important step is to document everything. Keep detailed records of emails, text messages, performance reviews, or any correspondence related to your job application or employment.
It is also wise to keep a log of conversations you have with interviewers, supervisors, or HR about your disability or accommodations. When possible, gather supporting evidence, such as a letter from a medical professional, to help confirm your disability status. These records can make a significant difference if you need to pursue a complaint later.
If you believe you have experienced discrimination, your first step should be to file an internal complaint. Contact the company’s human resources department and clearly explain your concerns. This not only provides the employer with an opportunity to resolve the issue but also creates a documented record showing that you attempted to address the matter directly before escalating it.
What if internal measures fail?
When internal measures fail, you can take the next step by filing a formal complaint. In the U.S., this means submitting a “Charge of Discrimination” with the Equal Employment Opportunity Commission or a state-level agency that handles workplace discrimination claims. Keep in mind that these filings are subject to strict time limits, so acting quickly is crucial.
It may also be in your best interest to seek legal assistance. Employment law attorneys can help you understand your options, guide you through the complaint process, and represent you if your case escalates. Remember, the law also protects you from retaliation; employers (even potential employers) cannot legally punish you for filing a complaint or asserting your rights.
Support is available beyond legal channels as well. The Job Accommodation Network is a free, federally funded service that guides workplace accommodations and disability employment rights. Disability advocacy groups can also offer resources, peer support, and assistance navigating the process.
In the end, remember: it is voluntary information
Finally, remember that disclosure is voluntary. You are not required to tell a potential employer about your disability unless you need a reasonable accommodation. If you do choose to disclose, frame your response in terms of your abilities and how you can meet or exceed job requirements with or without accommodations. Researching a company beforehand can also give you clues about its inclusivity, such as whether it highlights diversity initiatives or disability hiring programs.
By documenting your experiences, knowing your rights, and using the resources available, you can better protect yourself and take action if you encounter workplace discrimination.
