Category: Employment Rights

A Guide to the Rights of a Jobseeker with a Disability: Accommodations

This is the second part of a series of articles addressing the issues faced by workers with disabilities. Read Part 1 here.

First Step in the Process

Let’s discuss requesting accommodations under the ADA from an employer. This can be done at any point including but not limited to:

  • During the application period
  • Once the job has been offered
  • After beginning employment
  • After being employed for any amount of time

It is entirely up to the applicant when they may want to request accommodations and, as a result, reveal that they have a disability. If an accommodation is needed during the interview, the employer is required to provide that accommodation as long as it is reasonable. A few examples of requests would be:

  • Requesting an interpreter or reader (either in-person or virtually)
  • An accessible location (at any point during the process)
  • Technological aids such as screen readers or captioning
  • Changing aspects of the facility such as office locations

If you feel that you need an accommodation for any step in the process, it is best to request the accommodation as soon as possible to provide the employer time to either obtain what is needed or make arrangements for any changes needed for equal access. Every step of this process is entirely up to you; and it is your choice to decide when you want to disclose the presence of a disability or request accommodations. It is also your right to determine which accommodations you feel give you the best ability to perform the job. It is important to clarify that you do not have to fully disclose or explain your disability. The employer is only obligated to know the tasks you are limited in or unable to perform and how the accommodations would ensure your ability to perform those tasks.

Being specific in your accommodations and how they will assist you is your right and will benefit you. Many employers may have never employed someone who needs the kind of accommodations you are requesting. It is also recommended to have a letter detailing the accommodation and the task to give the employer the most information in order for them to determine how they can best assist you.

Requesting Testing Accommodations

Another area where accommodations can be requested is for any testing material. If the test does not measure the skill affected by the disability, then the employer is required to provide reasonable accommodations. For example, a proofreading position may have a written test, the employer would not be required to provide an alternative testing method to someone who is dyslexic, because an essential job function is the ability to read written material.

If the test is on an applicant’s knowledge or requires a skill that is not an essential job function, they are required to provide an alternative version of the test or another type of accommodation. Some examples of testing accommodations are:

  • Extra time to take the test
  • An interpreter or reader for the test instructions and questions
  • An accessible location for testing
  • A different format of the test such as audiotape or digital versus paper

Defining Reasonable Accommodations

What is considered to be a reasonable accommodation? Any accommodation that equalizes access to the facility or any other resource needed for those with disabilities. This can be anything that makes the facility more accessible, a change in some peripheral duties of the job, acquiring or modifying equipment and devices, changes to training materials or policies, provision of readers or interpreters, or any other accommodation needed by the applicant or employee. An accommodation can also be a change in scheduling or more flexibility in sick time.

In some cases, an employer can refuse an accommodation request if they claim that it will cause an undue hardship on the operation of the business. An undue hardship can be defined as excessively costly, extensive, substantial or disruptive. The employer is required to attempt to offer an accommodation that achieves a similar result if possible as well as prove that providing the requested accommodation is unreasonable. The business is also not required to provide any personal use items such as glasses or hearing aids. Finally, the accommodation cannot be anything that lowers the quality or quantity standards expected of other abled employees.

What Happens After the Request?

After requesting an accommodation, you may have to discuss things further with the employer, especially if they are unfamiliar with the disability and what accommodations are needed for that disability. You may have to explain why the accommodation is needed in order to determine what the best accommodation is for the situation. You may also have to explain why some accommodations are not acceptable depending on your experience with your disability.

For example, someone who is blind asks for an accommodation for a test, and the employer offers a braille version of the test. This may work for some people who have learned how to read braille, but not every blind person has learned this skill. In this case, an applicant may prefer to have someone read them the questions and the possible answers. An employer can provide a similar accommodation such as an audiotape version of the test which would be a reasonable accommodation in this situation.

Another example would be for a deaf applicant who is offered a captionist or some form of written material. Not every deaf person has an ability to read well or fast enough to use written material. In that case, they would have to have a sign language interpreter to be able to understand the material as well as a hearing person would.

Please stay tuned for further articles discussing the rights of jobseekers with disabilities.

Written by Kathryn Cusimano

DISCLAIMER: The Career Center is not engaged in rendering legal or other professional advice. The general information on our site is for basic informational purposes only and is not intended as a substitute for legal advice of any kind.

A Guide to the Rights of a Jobseeker with a Disability: Overview

The Americans with Disabilities Act (ADA) was enacted July 26th, 1990, over 30 years ago. This law was designed to increase accessibility for people with disabilities. The ADA is enforced by the U.S. Equal Employment Opportunity Commission (EEOC). While the ADA covers every aspect of society from employment to public services and accommodations to telecommunications, this post will focus on the employment rights provided by this act.

WHAT IS A DISABILITY?

The ADA defines what qualifies as a disability. A disability is defined as a physical or mental impairment that limits one or more major life activities. This definition also applies to a person who has a record of a disability. Finally, a person who is regarded as having an impairment, meaning a person that is discriminated against because someone thinks that their impairment (or perceived impairment) is limiting is also protected by the ADA. A major life activity can include, but is not limited to, hearing, eating, sleeping, walking, speaking, learning, reading and working. This is by no means a comprehensive list, nor does one exist.

Some disabilities are obvious, such as visibility impairments, mobility disabilities (using a wheelchair or other mobility aids), and deafness. There are also other disabilities that are not as obvious, such as learning disabilities and psychological/psychiatric disabilities. The ADA can apply to various learning disabilities such as Attention Deficit Hyperactive Disorder (ADHD) and dyslexia if the symptoms are enough to limit the person’s major life activities. Psychiatric disorders such as post-traumatic stress disorder (PTSD) or schizophrenia also can be considered disabilities, as long as the symptoms are limiting in some capacity. It is important to point out that regardless of the disability, active self-advocacy is the best way to ensure your protections under the ADA.

WHO IS PROTECTED BY THE ADA?

In order to be protected under the ADA, you must have a disability as defined above. You must also be a qualified individual, which means that you can perform the essential functions of the employment position with or without accommodation. The employer is the one that defines the essential functions either verbally or with a written description. You also have to meet any other defined criteria such as education and work experience requirements. If you are a qualified individual, then you must be considered for the position along with any other applicants.

All of these rights are also afforded to anyone who is directly related to or a caretaker of someone who is defined as having a disability. So, you can be protected against discrimination if your child, spouse, or parent is someone who has a disability.

WHAT DOES THE ADA PROTECT YOU FROM?

A person who is protected under the ADA cannot be discriminated against during the job application process. Discrimination can include limiting or classifying a job applicant or employee in a way that affects the applicant’s job prospects or opportunities. This can be as overt as refusing to finish an interview with that person or refusing to hire them on the basis of their disability. It can also be as subtle as not having an accessible flyer with easy-to-read wording placed in a location that is accessible. Inaccessible application processes or websites are also prohibited. Testing also cannot include any criteria that may identify disabilities unless that job requires the ability to do a certain task. For example, unless the job requires 20/20 vision, a test that excludes applicants based on their visual acuity is not legal.

Employers are also not able to ask whether you have a disability during the application process, but they can ask whether you need an accommodation in order to complete the application or interview. These points will be discussed in further detail on in future posts which will detail how and when to request accommodations during the application process as well as how to prepare for an interview as a person with a disability.

Written by Kathryn Cusimano

DISCLAIMER: The Career Center is not engaged in rendering legal or other professional advice. The general information on our site is for basic informational purposes only and is not intended as a substitute for legal advice of any kind.