As a job seeker, it's (unfortunately) fairly normal to experience excessive rejection, process ambiguity and to encounter conflicting advice. While these common frustrations are difficult to contend with, job search for folks with a disability can be downright dreadful. Not only does this involve managing the typical obstacles, you may also have to decide whether or not to disclose your disability to a potential employer.
I was surprised by the varied employment experiences and advice shared during a SHRM event that I attended a few years back. While I was familiar with employer obligations under the ADA, I hadn't considered the options available to candidates and wasn't aware of the different perspectives on the topic.
For example:
Disability advocates encourage those with differences to own and appreciate their uniqueness. They point out that working for a company that would discriminate isn't what most uniquely-abled job seekers would want, so it's best to disclose your disability.
Employers express concerns about hiring or retaining an individual with a disability that impacts their work performance, because this can negatively influence productivity and morale. They also share employee concerns about working with individuals with certain mental health diagnoses.
The EEOC (Equal Employment Opportunity Commission) says they struggle to enforce ADA protections because a complaint must be made for them to initiate an investigation.
Candidates struggle to KNOW if they were discriminated against or if another candidate was more qualified.
Dan Roth, a well-known Technology Recruiter and Neurodiversity champion wrote an article earlier this year in which he shared results of an online survey that asked about sharing one's disability status. 43% of his respondents said they "do not feel comfortable disclosing their disability when interviewing".
This disclosure decision impacts more than 18 million U.S. workers, with wide ranging disabilities, including paraplegia, hearing deficits, cognitive disabilities, Autism, ADHD, Depression, Anxiety Disorders and Schizophrenia.
For clarification, let's address a few legal terms and aspects of disability and employment regulations. Please note that I am NOT an employment attorney or legal expert on this topic. Any questions or needs for clarification should be directed to a more appropriate source.
The Americans with Disabilities Act (ADA) is a civil rights law that took effect in 1990 and applies to companies with 15 or more employees. The ADA prohibits discrimination against individuals with disabilities across public access, public services, employment, education and transportation.
According to Health & Human Services, a qualified individual under the ADA is "a person who has a physical or mental impairment that substantially limits major life activities; has a record of such an impairment; or is regarded as having such an impairment." Nonchronic conditions of short duration (sprains, infections, etc.) are generally not covered under the ADA.
Employers are required to make reasonable accommodations for qualified applicants and employees who are experiencing workplace issues because of a disability, so long as the accommodation won't create an undue hardship for the employer or pose a direct threat to the safety of the employee or others in the workplace.
In my search to find answers about disability disclosure best practices, I reached out to several job search and employment law experts to glean their advice on this matter.
Several of these experts gave strong reasons to withhold disclosure, including:
The EEOC cannot investigate a potential act of discrimination unless you are willing to report the employer. You could volunteer information about your disability and never know if it was used in their hiring decision. If you assume it was and report the employer, you might be wrong and wind up burning a bridge.
There are government-established self-reporting processes to keep an eye on illegal discrimination. This means that you can provide disability information on the application without risking discrimination.
Employers take great effort to keep disability information separate from data shared with hiring teams, in order to avoid bias and/or the appearance of bias. If they are going to these lengths to avoid access to this information, disclosure may be counterproductive.
Corporate Recruiter Ed Han shared that many US employers are required to collect disability information (through their application process) for government reporting purposes.
"Employers are prohibited from using this information in making hiring decisions, and the penalties for violation are significant, and the reputational harm done dramatic."
"Any competently-designed ATS makes it impossible for recruiter or hiring manager to view this information beyond knowing whether it was submitted by the applicant."
Ed goes on to say that information volunteered outside of the application fields (those used for DOL reporting) could potentially be exploited by the employer for illegal discrimination purposes.
I also asked an experienced Employment Law Attorney (Laura Tanner) how her current company handles disability status in the hiring process. She responded:
"As a general rule, we do not ask candidates questions around ADA status during the interview process. If it comes to our attention organically, we try our best to accommodate."
My takeaway from their insights: employers typically don't want to know about your disability up-front.
Just because employers don't WANT to know, doesn't necessarily mean you shouldn't disclose. Disability disclosure CAN be a great way to weed out unsupportive environments and employers.
As Dan Roth put it in his newsletter:
" [I knew that sharing my disability] would exclude me from certain companies and I was ok with that. If they did not want me, then I did not want them."
Ed Han seconds this notion:
"And to be clear: an employer who would use this information, even if freely volunteered by the applicant, in order to make a hiring decision is probably not an employer that a job seeker should consider anyway."
Disabilities, individuals and accommodation needs vary... so should disclosure advice.
Attorney and Career Expert Wendi Weiner feels disclosure advice depends on the type of disability and the person's accommodation needs. She advises clients on a case-by-case basis, once she full understands their unique situation. She also suggests:
"I would look to the company's 'careers' listings on their website and if they provide contact details for those needing accommodations."
Another way to reduce job search stress is to target companies KNOWN for disability accommodations. Verywell Health published a list of companies who have cultivated exceptional work environments for employees with disabilities.
Flipping disability disclosure on it's head: Inclusively matches candidates with companies prepared to meet their accommodation needs.
In addition to targeting disability-friendly companies, you can build a profile with Inclusively that will match you with available roles inside organizations that are committed to providing accommodations and an accessible hiring experience. You can start building your profile here.
While many employers may not want you to disclose your disability, there can be both risks and benefits in doing so.
If you want to bypass the disclosure decision entirely, there are resources available to connect you with disability-confident companies who are ready to meet your accommodation needs and put your professional skills to work.