Job Application & Disability Question – Declaring it or not?

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The hardship faced by people with disabilities is unimaginable at least for people without disabilities. From social exclusion among peers and family to job applications that demand they answer disability questions and be censored for it.

This concern has discouraged the employment and earning rate among people with disabilities. This pale economic well-being makes life more difficult for them than the constraint of their disabilities.

Should I say I have a Disability on my Job Application?

interviewer and job seeker going through interview

The employment application disability question is not strange to most job seekers and is even less of a concern to them.

On the contrary, it is more of a concern for job seekers with disabilities faced with whether they should put I have a disability on the application or not.

Rather than the relevant skills needed for employment being considered, the disability question is considered. The disability question could be disability discrimination or a means to make the employment process more inclusive. The fact that it is both ways does not change the impropriety of the job application disability question.

Because a job applicant has no legal obligation to disclose their disability under AMA and OCR.

Why you Could Choose to Answer

Choosing to answer the employment application disability question could be on whether one has a physical or invisible disability. Physical disability may affect the physical ability required for work while invisible disability may not.

Either, choosing to answer disability questions on a job application may be a good decision, for these reasons:

Confidence Boost

For a confidence boost, it’s best to answer the disability question on a job application, if your disability is visible and will be in discord with the physical ability required for work.

Your confidence is drawn from the belief that you won’t have to waste your time on them either if the employer won’t interview you because of your disability. You can also avoid discrimination that could lower your spirit in that manner.

Accommodation and Convenience

There could be a possibility that an employer has incentives from the government to hire people with disabilities. If your disability will require your future employer to provide you accommodation, you should answer the disability question.

Only by mentioning your disability, during employment application, is your employer responsible to adapt the interview/test and work environment to your status. This will also help you perform your work duties conveniently and to be reasonably assisted. For instance, some companies will be willing to be more flexible and offer part-time jobs for disabled people to prevent their employees to be physically or mentally overwhelmed

Disability-friendly employers

Some employers are more interested in applicants with disabilities and actually offer jobs for people with disabilities. Rather than applicant disability, such employers focus on relevant skills of the applicant like time management, creativity, problem-solving and attention to detail. These transferable skills could be more obtainable in people with disabilities because of their adaptive experience.

Easier application process

You could also indicate your disability to avail you easier application and interview process. This will also help you develop a proactive plan that will allow you a successful interview. In fact, there are many companies that are working hard on developing an accessible workplace.

Why you Could Choose not to Answer

Discrimination

Disclosing your disability could open you up for discrimination. This could make the employer be more concerned about your condition rather than focusing on the relevant skill you possess. It may not be fair, it may not be right but of truth, it happens.

Legal Constraint

You should know that you have no legal obligation to declare a disability on the job application. When filling job application, you can answer “no” and later message HR that you answer “no” because it is unlawful to answer “yes”. For this reason, it would be needless to ask should I put that “I have a disability” on the job application.

You have rights

You should also note that you are not obliged to disclose your disability on a job application for any of the aforementioned advantages. A job applicant with a disability can request accommodation during and after the employment process.

Social/Employment Exclusion of People with Disabilities

The social segregation of people with disabilities is a trend in most of the world. Neglecting and discriminating against people with disabilities has a long history in American society. The Americans with Disabilities Act (ADA) is meant to emancipate people with disabilities from this segregation. But unfortunately, ADA, in its over 3 decades of becoming a law, has done little to mitigate this concern.

The stratified society neglects the special needs and inclusion of people with disabilities. In the employment terrain, most employers believe that employing someone with a disability will be an unthought-a consequential decision. This makes employers censor and identify people of special needs with disability questions on job applications. Such employer attitude favors the social exclusion, rather than inclusion, of people with disabilities.

Many employers have failed to understand that physical or health unfitness rarely dispute mental fitness. Some people with disabilities are even more intelligent than people without disabilities. There is always an unimaginable ability in every disability. This fact was recently proven by Dr. Ifeoma Bibiana Okoli. She is the first visually impaired (Blind) woman to earn a doctorate from the University of Ibadan, which ranks 6th and 401-500 among the best in Africa and the world respectively.

ADA and the Labour Market

ADA is the Americans with Disabilities Act enacted into law in 1990. The Act Title II is the civil rights that protect individuals with disabilities against disability discrimination in all areas of social life. These include areas of employment, state and local government services, public accommodations, transportation, and telecommunications.

An event of disability discrimination is when an employer or other entities covered by ADA, as amended, or the Rehabilitation Act, as amended, disfavors a qualified individual with a disability who is an employee or applicant due to their disability.

The trend of employment application disability question violates the ADA Act and upheld events of disability discrimination.

The Office of Civil Rights (OCR) under the US Department of Health and Human Services is charged with the enforcement responsibility of ADA Title II. According to OCR Specific Requirements, “public entities may not apply eligibility criteria for participation in programs, activities and services that screen out or tend to screen out individuals with disabilities unless they can establish that such criteria are necessary for the provision of services, programs or activities.”

In the light of the above, a victim of disability discrimination may file a complaint with OCR within 180 days of the event in question. If a good reason is stated for delay by the plaintiff, OCR may however extend the 180 days deadline.

The Americans with Disabilities Act (ADA) may harbor the best intention for the inclusion of people with disabilities, yet it is not without its shortcomings. These shortcomings are probably the reason many believe ADA is not doing so much in succoring the social sores of people with disabilities.

ADA did not specifically state how to address individual and labor market complexities, nor did it describe how to go about changing attitudes and behaviors in the workplace. These are some of the short could be responsible for the limited effectiveness of ADA.

FAQ

Should I say I have a disability on a job application?

A disability job application does not necessarily require you to say I have a disability. Some employers only ask if you can perform in the role you applied for. This is not a question of whether you have a disability, but if you are capable of the role.

How should I answer the disability question on job applications?

If medical diagnose has not confirmed your disability and its implication on your work life, say that you do not have a disability. You can also choose to answer – ” I wish not to answer”.

Should I disclose a disability on a job application?

No, because you are not legally obliged to declare a disability on a job application. But, yes, for reasons that accrue you convenience and appropriate special provision. Whichever your answer would be of both depends on your discretion and comprehension of the job requirement.

Why do job applications ask about disability?

A: Some job applications ask about disability for the applicant’s convenience. In this manner, the employer can understand how to respond to applicants. However, the consequential effect of the job ability question does not bring convenience but discrimination.

Does having a disability make it easier to get a job?

Having a disability doesn’t guarantee job opportunities. The ease of finding employment depends on multiple factors, including the type of disability, job requirements, employer attitudes, and available support systems. It is not accurate to assume that having a disability automatically makes it easier to secure a job.

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