Getting Hired With a Disability

If you have a disability and are searching for a job, you should know how the federal Americans with Disabilities Act (ADA) protects you in the hiring process. The ADA prohibits discrimination against employees and job applicants with disabilities. It also requires employers to provide reasonable accommodations for your disabilities—even during the application process (42 U.S.C. § 12112(a) (2026).)

Whether it’s legal for an employer to reject a job applicant with a disability depends on the reasons for the employer's decision. If you can do the job, it’s illegal for an employer to choose not to hire you because you have a disability. But it’s not unlawful for an employer to hire the best-qualified candidate, even if that’s someone with no disabilities. As you continue on your job hunt, it’s important to know what your rights are under the ADA and how to identify some common issues that might come up for job applicants with disabilities.

Does the ADA Protect Everyone With a Disability or Medical Condition?

No, not every employee (or potential employee) is covered by the ADA. The federal law applies to businesses with 15 or more employees, so smaller companies aren’t required to comply with ADA rules. (42 U.S.C. § 12111(5)(A)(2026).) However, state ADA laws might apply to employers with fewer than 15 employees.

The ADA only protects you if you’re applying for a job with a covered employer and you have a disability as defined by the statute. ADA defines disability as a “physical or mental condition that substantially limits one or more life activities.” (42 U.S.C.§ 12102 (1)(A)(2026).) “Major life activities” refers to a wide range of fundamental mental and physical functions, such as walking, breathing, seeing, lifting, sleeping, eating, talking, concentrating, and thinking. They also include “internal” bodily functions such as normal cell growth and organ functioning.

There’s no official list of medical conditions that automatically qualify as disabilities under the ADA. Instead, the focus is on how your condition affects your ability to function. For example, there are many reasons why someone might use a wheelchair. But under the ADA, the reason you use a wheelchair is less important than the fact that you’re substantially limited in your ability to walk (a major life activity). Unless it’s on a very temporary basis, having a condition that keeps you from walking meets the ADA’s definition of disability.

When Is a Disabled Applicant Qualified for the Job?

You’re qualified for a job if you meet the job requirements, such as education, licensing, experience, and skills (fluency in a foreign language, for example). Keep in mind that the ADA doesn't require employers to hire applicants with disabilities. Rather, it prohibits discrimination against qualified applicants with disabilities. So if you’re qualified for the job, an employer can't choose to not hire you simply because you have a disability. But on the flip side, an employer isn’t obligated to consider your application simply because you have a disability if you don't otherwise meet the hiring criteria and you can't do the essential functions of the job.

What Are the “Essential Functions” of a Job?

Essential functions of a job are the fundamental duties involved in that role. (For example, a package delivery driver must be able to lift boxes.) The ADA only protects qualified applicants, so anybody who can’t perform an essential job function, even with a reasonable accommodation, isn’t considered qualified. And if you aren’t able to perform the essential functions of a job because of your disability, the employer doesn’t have to hire you.

The employer also isn’t required to take away an essential function of a position so you can do the job, even if you have a disability. You must be able to do the primary job duties of the position for which you’re applying, with or without a reasonable accommodation. However, an employer does have to work with you to provide a reasonable accommodation if you need it to do an essential function of the job.

You’re also protected from discrimination if there are nonessential duties that you can't perform. For example, an office receptionist might be responsible for replacing heavy water cooler bottles once or twice a month. Lifting the water bottles isn’t an essential function of the receptionist’s job because there are other people in the office who can do it. So, an applicant for the receptionist job who has a lifting restriction still qualifies for protection under the ADA.

How Do I Know What Tasks Are Essential Functions of a Job?

Extra tasks an employee does that aren’t directly related to the position aren’t considered essential functions. There are several questions to consider when evaluating which job functions are essential and which are nonessential:

• What does the employer say about the essential job functions in the job description?
• Does the position exist to perform that function? (For example, lifting and carrying heavy objects would be an essential function for an airport baggage handler.)
• How much time does the employee spend performing the function?
• How much expertise, skill, or specialized training is required to perform the function?
• Is a degree or special license required?
• What experience do the employees who usually hold that position have?
• What would happen if the function wasn’t performed?
• Are other employees available to perform the function?

How much each factor affects the evaluation of job functions will vary depending on the job. For example, the amount of time spent performing a function is usually key to whether it's essential, but not always. A helicopter pilot doesn't spend much time landing the helicopter after losing power, and might never have to. But the job exists to fly a helicopter safely. So, a helicopter pilot who is unable to autorotate to land after engine failure would not be able to do the job.

Should I Mention My Disability At a Job Interview?

You’re not required to reveal that you have a disability if you don't want to, but sometimes there are good reasons to do so. If you have an apparent disability (for example, you use a wheelchair or a guide dog) you won't have much choice in the matter. But in other situations, you’ll have to make a decision about whether you should disclose your disability.

Can a Prospective Employer Ask About Your Disability?

Employers aren’t allowed to ask whether you have a disability or how your disability affects you. But employers can ask whether you can perform the job's essential functions, with or without an accommodation. An employer can also ask you to demonstrate how you’d perform those functions. Revealing or discussing your disability might make it easier for you to show an employer that you can do the job.

Getting a Reasonable Accommodation During the Application Process

If you need an accommodation for the interview process, you’ll have to speak up. For example, let’s say you have an apparent visual impairment, and the interviewer asks you to demonstrate how you would perform data entry. You should be ready to explain how you can use voice-activated software (for example) to perform that function.

Disadvantages of Disclosing Your Disability During an Interview

There are potential downsides to revealing a disability during the interview. Although employers are legally prohibited from denying you a job because of your disability, not all employers follow the law. Even an employer who doesn't consciously intend to discriminate might have unconscious biases and stereotypes about people with disabilities, and that can affect their decision process.

What Are Reasonable Accommodations for the Application and Interview Process?

A reasonable accommodation is a change to the work environment that allows a person with a disability to be able to complete the necessary task or do the job. Accommodations could include changes to things like the application procedures, the job structure, or the physical layout of the workplace.

For example, if you use a wheelchair and the doorway to the interview room is too narrow for you to navigate with the wheelchair, as a job candidate your interview should be conducted someplace more accessible. Or, if you’re hearing impaired, it’s reasonable to ask a prospective employer to provide written questions in place of an oral interview.

Accommodations aren’t considered reasonable if they pose an undue hardship on the employer. The ADA defines undue hardship as significant difficulty or expense, considering the employer's size and resources (42 U.S.C. § 12111(10) (2026).) This is a fairly high standard to meet, so few requests for a reasonable accommodation will be found to constitute an undue hardship.

What Kind of Testing Can an Employer Require?

During the hiring process, an employer can ask you to take a skills test, such as a typing or keyboarding test for an office assistant position. (The ADA gives you the right to an accommodation in the testing process if you need one. (42 U.S.C. § 12112(b)(5)(A) (2026).) An employer can also require you to take a medical exam, but only if you've received a conditional employment offer—meaning you'll be hired as long as the doctor clears you to do the job. (42 U.S.C. § 12112(d) (2026).) The employer can't single you out for a medical exam, however. They can only require a medical exam if every candidate for the position must take one.

What If a Prospective Employer Doesn't Hire You?

While the ADA doesn’t require an employer to hire an applicant with a disability, it does prevent employers from using your disability as a reason not to hire you. If you’re otherwise qualified for the job and the employer's rejection was based solely on your disability, that’s probably illegal discrimination. But if you don’t have the necessary experience or qualifications; can’t perform the job’s essential functions (even with accommodation); or you simply weren’t the best candidate for the job, that’s unlikely to count as disability discrimination.

In the real world, an applicant turned down for a job is unlikely to know the whole story. Few employers announce their reasoning in a job interview, and fewer still will admit that they’re making discriminatory decisions. Because of this, disability discrimination lawsuits based on the hiring process are challenging to win.

However, Congress has said that the ADA is intended to protect as many people as possible from discrimination and that it should be interpreted broadly. So if you believe an employer didn’t choose you for a position because of your disability, consider talking to an employment lawyer right away. An attorney can review the facts with you and help you decide whether it's worth considering legal action or whether you might be better served by simply moving on with your job search.