Disabilities and Rights: How to Spot Discrimination in Hiring Processes
The above picture is of a woman in a job interview.
Know Your Rights: How to Spot Discrimination in Hiring Processes
For people without a disability, the employment rate is 63.7%. For those with a disability, it's 19.1%.
There are many factors that influence this, but one unfortunate reality is that there's often discrimination in the hiring process. People with disabilities are often looked for people without them, and it's no real reflection on your ability to do the job — just the hiring manager's biases.
It can help to spot discrimination in the process so you know what to do about it. Being aware of when it's happening and your legal rights when it does are invaluable.
Here's what you need to know.
The Signs of Discrimination in the Hiring Process: What to Look for
Before you take any action, you need to be aware of discrimination throughout the hiring process. Here are some signs that something is wrong.
Rejection Slip-Ups
It's perfectly legal for an employer to say they chose someone else for a role because you weren't a good fit for the company or because someone else was more qualified. Although it may not be true, there's nothing you can do in this case without other signs present.
However, some interviewers will slip up during the hiring process and show their disability discrimination. They may make a comment about it during the rejection, which is a huge red flag to take action.
They can't discriminate against you unless your disability impacts your ability to do the job.
Illegal Questions During Interviews
Before you even enter interviews, it's important to know your rights. Disclosing a disability is entirely your choice, but often not advisable — there are few reasons an employer ever needs to know about it! If it doesn't affect your job, then you don't have to tell them.
Sometimes though, they might ask.
If they do ask if you have a disability, all you have to do is smile and gently but firmly remind them that it isn't a legal question to ask. If you choose to disclose it, that's up to you — although you should consider their reaction carefully. Some people are just curious and ignorant to the illegalities, but others are aware they aren't allowed to ask and are trying to take advantage of unsuspecting interviwees.
Other illegal questions to be aware of include anything about age, gender, and immigration status beyond verifying that the person is authorized to work in the US. One form of discrimination often comes hand in hand with others, so be aware.
Shutting Down After Disclosure
If you choose to disclose your disability, watch for the interviewer's reaction. If this seems to be the point they're no longer interested, then it's a red flag.
Refusal to Provide Reasonable Accomodations
The ADA dictates that employers must provide reasonable accommodations for employees and potential employees. If you need assistance with your interview or need to change a few things that shouldn't be a hassle at all and your employer seems reluctant to help out, it's a big discrimination red flag.
If they're refusing reasonable accommodations now, what would happen if you were actually employed by them?
Examples of reasonable accomodations include:
- Modifying a work schedule to suit medical or mental needs
- Providing an interpreter to help a disabled employee
- Adapting training materials so that they're more accessible
- Changing policies to be more inclusive of disabled people
- Modifying equipment to make them easier for disabled people to use
Ultimately though, the list is endless as it could any number of reasonable things depending on the job and the potential employee's specific disability.
After Employment
Even after you've been employed, if you successfully get the job, it's important to keep an eye out for discrimination in the workplace. For example:
- Are you passed over for promotions despite being the best person for the job?
- Does your boss often slip up on making reasonable accomodations?
- Do they make unwanted comments about your disability or ask uninvited questions?
Staying on guard even after the hiring process will help protect yourself and others who may be entering the workplace.
What to Do if You Spot Hiring Discrimination
So, you've gone into an interview and you're quite sure they're discriminating based on disability. What can you do about it?
The first and main thing you can do is contact the U.S. Equal Employment Opportunity Commission. They have a telephone number that you can reach them on, even if you haven't been employed by the company and are still just an applicant. They'll be able to look into the organization that is discriminating.
If you think the interviewer may just be misinformed, you do have the choice of pointing out the discrimination in a politely worded email and gauging their response — but that's entirely a personal choice. As a disabled person, it is not your job to educate anyone on workplace laws and anyone in a person of power should have done their own research.
If you're feeling generous, however, you can let them know. Just be aware it likely won't change their decision and many personalities will become defensive, as people are prone to do.
Don't Tolerate Hiring Discrimination
Although it can often feel rough to get rejected from a job because of suspected discrimination — or gain a job only to discover it later — it's important to stay alert and active if you see discrimination in the hiring process. Report it to the proper authorities or point out that certain questions are illegal.
Most importantly, don't feel disheartened. Although it's unfortunate that discrimination exists, the right job for you is out there.
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