Job Hunting with a Disability

By Susan Greene and Melanie Martel

The Americans with Disabilities Act

The prospect of job hunting can be daunting to anyone. If you have a disability, it can be even more frightening. The good news is that today's labor market affords many new opportunities to persons with disabilities, and much of the traditional discrimination that existed in the work force has begun to dissolve.

The key to finding employment and succeeding in a career in the twenty-first century, whatever your situation, is adaptability: a willingness to learn new skills, to accept change in the way that work is completed, and to explore new career opportunities.

In 1990, President George Bush signed into law the Americans with Disabilities Act (ADA), regarded by many as the most sweeping piece of labor legislation since the Civil Rights Act of 1961. The law, which went into full implementation in 1994, forces employers to focus on abilities, not disabilities, and to match workers to jobs on the basis of qualifications. It seeks both to remove physical barriers for persons with disabilities and to encourage the adoption of new attitudes.

Defining Disabilities

The law pinpoints three categories of individuals with disabilities. If you answer "yes" to any of the following questions, ADA protects you:

1. Do you have a physical or mental impairment that substantially limits one or more major life activities?
2. Do you have a record of such an impairment?
3. Are you regarded as having such an impairment?

Major life activities include such functions as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. Individuals who qualify may have a physical disability, an emotional impairment, or a learning disability that affects their employment opportunities.

Numerous illnesses, conditions, and disorders are covered under the law. Although the ADA does not specifically limit the list of disabilities, it does give a number of examples: paralysis, lower back injury, AIDS, HIV, cancer, cerebral palsy, diabetes, emotional illness, epilepsy, hearing and speech disorders, heart disease, certain learning disabilities such as dyslexia, mental retardation, muscular dystrophy, and visual impairments.

Qualified Individuals with Disabilities

ADA does not require employers to hire all applicants with disabilities. Rather, ADA says employers are not to screen out qualified individuals when making employment decisions merely because they have disabilities.

Qualified individuals with disabilities are applicants who satisfy job-related requirements of the position sought. These requirements may include education, skills, licenses, and work experience. Individuals must be-with or without reasonable accommodation-able to perform the fundamental job duties of the position.

Fair and Reasonable Accommodation

If you have a disability, you need to know if you may require any special accommodations on the job. You will need to be realistic about your personal limitations.

Fortunately, employers are becoming more familiar with the concept of fair and reasonable accommodation, a set of guidelines designed to significantly remove obstacles for the disabled. Accommodations may include any of the following:

1. Modifying work schedules
2. Making the job site accessible
3. Restructuring the job
4. Modifying exams, training materials, or policies
5. Providing readers, interpreters, or adaptive equipment
6. Making adaptations in lifting, carrying, or sitting
7. Arranging accommodations for the visually impaired
8. Setting up adaptive equipment or technology
9. Providing accommodations to improve mobility
10. Creating aids for the learning disabled

The law dictates that an individual's need for an accommodation cannot enter into decisions regarding hiring, firing, or promotion unless the accommodation would impose an undue hardship on the business. Accommodations are determined on a case-by-case basis. They are made as a cooperative effort between you, your employer, and others when appropriate, such as your rehabilitation counselor or union representative.

When to Reveal Your Disability to an Employer

In a perfect world, you would be able to disclose your disability at the onset in your résumé, in your cover letter, or during the interview. However, while decreasing all the time, discrimination does exist in the job market. Because it may seem "easier" to an employer to hire a person without disabilities, you may encounter prejudice in the job-screening process.

When to disclose a disability is a personal decision that has to be made for each job you pursue, taking into account the nature of the disability and your knowledge of the prospective employer. Even though the law states that you do not have to reveal your disability to a prospective employer unless it relates to the completion of essential job functions, you may want to be open on this subject. If you are initially candid, you may create a favorable impression. This disclosure may be viewed as a sign of character and strength.

If you are fortunate enough to have obtained an interview from a referral, the employer probably has been told about your specific limitation. This situation is ideal because now you and the employer can focus on your qualifications for the job. Here are the options for revealing your disability:

On Your Résumé. Many times your disability is reflected in your work history, education, and life experience. Rather than trying to hide your disability, stress your adaptability and determination. On the other hand, do not call excessive attention to it by placing details about your disability at the top of the résumé or by giving it its own paragraph. Try to weave the information into your résumé in a subtle manner.

In Your Cover Letter. Sometimes it is to your advantage to discuss your disability openly in a cover letter. If the position is one you can do and your adaptability in the face of difficulties like those resulting from your disability makes you a stronger candidate, then mention it by all means. Also, try to learn about your potential employer. Some employers specifically recruit persons with disabilities to meet affirmative action goals, to qualify for federal tax credits, or because they have a state or federal contract that requires hiring persons with disabilities.

As in the résumé, do not start the cover letter with details about your disability. Follow the standard format for cover letters, highlighting your strengths and mentioning your limitations.

On the Application Form. Although most standard application forms have a section for disability disclosure, you are not obligated to fill it out. The law does not require you to discuss any aspect of your disability. The major drawback of revealing your disability at this point in the process is that you may not have room on the form to describe accommodations or how you will overcome your limitations.

During the Interview. Timing is everything. Catch the employer off guard, and your interview may go poorly. If your disability is highly visible (for example, you are visually impaired or use a wheelchair), you may wish to prepare the employer prior to the interview.

A good time to inform the interviewer of a visible disability can be when the interviewer calls to set up an appointment. Do not describe your disability to a secretary and hope the message will be diplomatically related. If your disability is not overtly visible (for example, a learning disability or the wearing of a hearing aid), don't feel obligated to prepare the interviewer.

After You've Been Offered the Job. Many people prefer to disclose their disability only after they've received a job offer bestowed on the basis of their talents, skills, and educational background. This may initially cause concern to the employer, but by then you will have been hired and be ready to prove yourself in the work place. If your disclosure changes the hiring decision and the employer retracts the offer, you are eligible to take legal action under the guidelines of ADA.

After Beginning the Job. If your impairment or limitation does not affect your initial work, disclosing your disability after being hired may be a good choice. This option gives you time to make friends with co-workers, staff, and supervisors and to prove your capabilities.

Never. If you believe you can perform the essential functions of your job, you may not want to inform your supervisor or boss. Determine whether it is in your best interest to tell.

More important than disclosure are your answers to the following two questions:

1. Do you have the skills, education, and background that the job requires?
2. Are you confident that you can successfully perform the tasks of the position with your disability?

If the answer to both these questions is "yes," then do everything to stack the cards in your favor. Complete the following exercise.

Exercise

Role-play the interview. Have a friend pretend to be an interviewer with a list of suitable questions. Assume that the interviewer does not know about your disability. You choose an appropriate time to describe the nature of your particular disability and how the disability will affect your work. Then focus the conversation on the benefits of hiring you. Rehearse this role-playing exercise several times until you feel comfortable with your responses and the "interviewer" agrees that you have presented your situation in the best possible light.

Here's a useful hint: Although role-playing the interview with a friend can be extremely helpful, it's never the same as an actual interview. Look for opportunities to practice and refine your interviewing skills with actual employers. Apply for jobs that you may not necessarily want but think that you would have a chance of getting. Go to as many interviews as you can. First, you'll be able to try different presentation approaches and find the one that works best. Second, you'll increase your comfort level with the interview process. Finally, you never know; you might just "luck" into the perfect job that way.

Your Time Has Come

In addition to advancing technology, three major factors contribute to the greatest chance ever for persons with disabilities to achieve success in the working world.

First, the shrinking labor pool of employment-ready personnel may create worker shortages during this decade. Employers will compete to effectively recruit and retain qualified employees. Since persons with disabilities represent the largest single group of potential employees, savvy businesses will seek out members of this underemployed community.

Second, a new wave of students with disabilities educated under the Education for All Handicapped Children Act of 1975 (commonly known as Public Law 94-142) is graduating now. These students have comparatively better educations and expectations for themselves after graduating from high school and college. Unlike previous generations of individuals with disabilities, these graduates have learned to fit in and to compete with the general population. They fully expect to have the same career opportunities as their nondisabled peers.

Third, those nondisabled peers have gone through school with classmates who have disabilities. Much of the discrimination in the work force will naturally dissolve as these young people enter the work place. They will help dispel any of the myths about disabilities that exist in today's work force, replacing those antiquated beliefs with facts and a growing acceptance of employees with disabilities.

Your Responsibilities and Opportunities Under ADA

If you are nondisabled, you have a responsibility to help make a difference. You should know the law and help educate employers about their obligations to be fair. More importantly, you can set an example for your co-workers by displaying the right attitude toward those individuals who are disabled.

If you are a person with disabilities, your future has never looked brighter. This is your opportunity to go as far as your talents and skills can take you. As you job hunt, keep these thoughts in mind:

1. Job hunting can be an arduous prospect for anyone. Be realistic in your expectations. Talk with other job hunters, disabled and nondisabled, to compare results.
2. Every rejection you receive will not be related to your disability. Try to be objective in evaluating why you didn't get offered a job.
3. Because persons with disabilities often have had to overcome obstacles in every aspect of their life, they can be more adaptable than the nondisabled. To the employer, this adaptability demonstrates character and integrity.
4. Persons with disabilities often have tolerance for others' differences and highly developed skills at managing multiple problems, attractive attributes to most employers.
5. Stay focused on your strengths. Be positive. You can do it!

For more information on the Americans with Disability Act, contact the following federal office:

Office of the ADA
Civil Rights Division
U.S. Department of Justice
P.O. Box 66118
Washington, DC 20035-6118
(202) 514-0301