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Job Search Tip 7 Remix : Right To Request Accommodation
If the recruiter says no, ask to speak to HR! The most common documentation is a school plan (IEP) or private assessment.
Quick horror story: A past client was interviewing to work at the front desk at a gym. After they completed the interview, the interviewer told them to get up and do a gym routine because "you might be selling gym membership, so it is good if you know how to use the gym." This was not anywhere in the job description. The candidate had not only told the interviewer that they were recovering from surgery but also that they had a health condition that dictated they could not stand or engage in vigorous activity for periods of time without feeling lightheaded and/or fainting. Needless to say, they did not do well during their gym routine, nor were they offered the job.
This is 100% illegal under the Americans with Disabilities Act (ADA). This furson had grounds to sue the company and they probably would have won or settled the case out of court.
Alt Text:
Edwin, an anthropomorphic jackrabbit, is wearing a business casual outfit and has a grumpy expression on his face. He gives job searching tips by speaking directly to the reader using a dialogue bubble. Edwin says,
"The Americans with Disabilities Act (ADA) gives you the right to receive accommodations due to a documented disability during hiring assessments. This includes writing exercises, public speaking, and any form of physical activity. Tell the recruiter, “I am requesting a reasonable accommodation,” and things are sure to happen."
Quick horror story: A past client was interviewing to work at the front desk at a gym. After they completed the interview, the interviewer told them to get up and do a gym routine because "you might be selling gym membership, so it is good if you know how to use the gym." This was not anywhere in the job description. The candidate had not only told the interviewer that they were recovering from surgery but also that they had a health condition that dictated they could not stand or engage in vigorous activity for periods of time without feeling lightheaded and/or fainting. Needless to say, they did not do well during their gym routine, nor were they offered the job.
This is 100% illegal under the Americans with Disabilities Act (ADA). This furson had grounds to sue the company and they probably would have won or settled the case out of court.
Alt Text:
Edwin, an anthropomorphic jackrabbit, is wearing a business casual outfit and has a grumpy expression on his face. He gives job searching tips by speaking directly to the reader using a dialogue bubble. Edwin says,
"The Americans with Disabilities Act (ADA) gives you the right to receive accommodations due to a documented disability during hiring assessments. This includes writing exercises, public speaking, and any form of physical activity. Tell the recruiter, “I am requesting a reasonable accommodation,” and things are sure to happen."
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It can.
An employee is considered disabled if he or she has a physical or mental condition that substantially limits a major life activity. 42 U.S.C. § 12102(1); 29 C.F.R. § 1630.2(g).
The term "substantially limits" is broadly interpreted, and generally easy to satisfy.
"Major life activities" include sleeping, concentrating, thinking, working, and a host of other activities. 42 U.S.C. § 12102(2); 29 C.F.R. § 1630.2(i).
An employee is considered disabled if he or she has a physical or mental condition that substantially limits a major life activity. 42 U.S.C. § 12102(1); 29 C.F.R. § 1630.2(g).
The term "substantially limits" is broadly interpreted, and generally easy to satisfy.
"Major life activities" include sleeping, concentrating, thinking, working, and a host of other activities. 42 U.S.C. § 12102(2); 29 C.F.R. § 1630.2(i).
Extra note too, if I may, you are not obligated to disclose your disabilities unless it is for the purpose of getting those accommodations. So, if your employer blatantly asks if you have any disabilities, which is also illegal, and you did not plan to give them the information, do not answer!
Coming from personal experience, I have had bosses who turned out to be ableist, or I got turned down at the interview, because I opened my mouth. You can certainly sue, but that then becomes a whole other thing, and now you know you're working with a-holes.
Coming from personal experience, I have had bosses who turned out to be ableist, or I got turned down at the interview, because I opened my mouth. You can certainly sue, but that then becomes a whole other thing, and now you know you're working with a-holes.
They actually can ask if knowledge of the disability is "job related and consistent with business necessity" https://www.eeoc.gov/laws/guidance/.....ns-employees#5
I wouldn't say that's all the information you need on this topic if you're going to voluntarily disclose to a potential employer that you have a disability. The ADA does not require employers to provide an accommodation to a disabled candidate who can't perform the essential functions of the position, either with or without an accommodation. 29 C.F.R. § 1630.2(m).
An accommodation is reasonable when it does not create an "undue hardship" for the employer and it enables the employee to perform the "essential functions" of his or her job. 42 U.S.C. § 12111(10); 29 C.F.R. § 1630.2(p) (undue hardship) and 1630.2(n) (essential functions). Reasonableness is a fact-specific inquiry that depends primarily on the employee's position at the company, the size of the company, and the specifics of the accommodation. 42 U.S.C. § 12111(9); 29 C.F.R. § 1630.2(o).
An accommodation is reasonable when it does not create an "undue hardship" for the employer and it enables the employee to perform the "essential functions" of his or her job. 42 U.S.C. § 12111(10); 29 C.F.R. § 1630.2(p) (undue hardship) and 1630.2(n) (essential functions). Reasonableness is a fact-specific inquiry that depends primarily on the employee's position at the company, the size of the company, and the specifics of the accommodation. 42 U.S.C. § 12111(9); 29 C.F.R. § 1630.2(o).
There is phenomenal discussion going on here. I want to add that while ADA is a key piece of legislation for hiring accommodations, there are other factors which can influence it. State or municipalities may have legislation which expands the protections of ADA (lays on top of the Federal law). These typically expand who is eligible. Also, case law might impact things (usually process and repercussions).
The truth is it is complicated and takes a specialist in your area (municipality, state, and Federal court district) to have an exact understanding of what is going on.
The key of this tip is that you do have rights to request accommodations in hiring systems. How it plays out is messy (enter real world) but the intent is that you should receive reasable accommodations.
The truth is it is complicated and takes a specialist in your area (municipality, state, and Federal court district) to have an exact understanding of what is going on.
The key of this tip is that you do have rights to request accommodations in hiring systems. How it plays out is messy (enter real world) but the intent is that you should receive reasable accommodations.
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