Anyone who has applied for jobs has undoubtedly come across a section inquiring about whether or not you have a disability. Suppose you’re a job seeker with some kind of disability, you may be hesitant to disclose that information because even though the purpose of this question is to ensure companies don’t discriminate against qualified applicants with disabilities, it begs the question of if you’re more likely to be discriminated against by putting that information out there from the start. So, what do you do?
Under the Americans with Disability Act (ADA), it is illegal for companies with 15 or more employees to discriminate against a qualified job applicant or employee with a disability. In protecting workers, this law was established to disclose a disability on your application and provide a paper trail if you need to take action during the hiring process or after you’ve taken the job. Additionally, employers must provide reasonable accommodations during the interview process and on the job for any candidate/employee that requests them.
The list of disabilities that fall under the protection of the ADA is long, so if your disability would not affect your job performance, is it worth putting it out there (it can be very personal, after all)? Or, if you know that your disability would require accommodations, do you have to disclose that information from the start? It’s a tricky thing to navigate.
Job Searching With a Disability
What Is a Voluntary Self-Identification of Disability Form?
A Voluntary Self-Identification of Disability Form is what some employers offer candidates to fill out during the application process. It is entirely optional, and if this form/question is marked as a required field on an online application, then there should be an option to select an answer that says “I do not wish to answer this question” (or something similar). It is illegal for an employer to ask medical questions as part of their application. So if it includes a Voluntary Self-Identification of Disability Form, there should be clear language explaining that this information will not subject the applicant to any adverse treatment and be kept separate from the candidate's application.
How does disclosing my disability affect my job search?
Legally, it should not affect your job search because it would be considered discrimination for an employer to reject your candidacy based on your disability under the ADA. Suppose you’re job searching with a disability, and you need accommodations to help you do anything from filling out the application to interviewing. In that case, it is within your rights to request these accommodations from the company.
Do I Have to Disclose My Disability?
You do not have to disclose your disability during the application process if you don’t feel comfortable doing so (if there is a question about it, it should clearly state that any information you provide is voluntary). However, suppose you know that you will need accommodations during the interview process, such as a video interview with someone who can sign due to hearing impairment. In that case, it may benefit you to disclose that you have a disability in your application. It’s important to remember that an employer only has to provide reasonable accommodations if you’ve formally declared your disability. Otherwise, they are not under any legal obligation to do so.
How Detailed Do I Need To Be?
Again, this will depend significantly on your disability and how it could affect the pre-employment stage. For example, if you have been diagnosed with depression which is managed well with medication. You probably won’t need any accommodations during the application and interview process, so there’s no need to disclose that information if you don’t want to. However, if you are visually impaired, this might be worth noting on your resume so that employers know the best way to reach you and offer accommodations during the interview process.
When Should I Discuss My Disability With My Employer?
If you’ve been offered a job and have not had a reason to disclose your disability to this point, then it’s up to you to decide when and if you want to share that information post-offer. In some cases, your employer may have you fill out a medical questionnaire that specifically asks if you have any disabilities (this is legal as long as they ask the same questions to every employee). Still, if they don’t specifically ask you, you are under no obligation to tell them. Therefore, the only way to ensure protection under the ADA is by disclosing your disability to your employer. For instance, if you did not disclose the disability and needed to request accommodations, your employer is not obligated to make those accommodations for you and can legally terminate employment because you can no longer perform the job's essential functions. So, if at any point you think your disability could get in the way of you achieving your job, it’s best to disclose the information to HR.
Resources for Disability Disclosure & Rights
Suppose you’re currently job searching (or are already employed) with a disability. Some of these great organizations can help you navigate the process of disclosing your disability and keep you informed of your rights. Here are a few:
- Job Accommodation Network (JAN)
- What Can You Do? The Campaign For Disability Employment
- US Department of Labor
- Office of Disability Employment Policy
- Respect Ability
- SHRM
- National Organization On Disability
Final Thoughts
As long as you are a qualified candidate for a job, then having a disability should not stand in the way of you gaining employment. Still, it can be uncomfortable to disclose information about your health to a company that you aren’t even working for yet, so it’s understandable if you’re hesitant to share your disability on a job application. If you decide to tell a potential employer about your situation, it will depend on you and your need for accommodations. Remember that while there are laws in place to protect you, they only work if you’ve disclosed your disability to the company you’re working for and or interviewing with.
Join a community that cares
The Mom Project supports women throughout their working motherhood journey. Search for career opportunities with vetted, family-friendly employers, and get access to job search tools, career development resources, and a thriving community of moms and allies. 
Recommended Articles
