Job searching guide for students with disabilities

Job searching with a disability

It’s been more than 30 years since the United States passed the Americans with Disabilities Act (ADA), the landmark piece of legislation that legally prohibits discrimination based on disability in employment, public accommodations, and government services.

An expansion of the Rehabilitation Act of 1973 (which limited the prohibition of discrimination solely to federal employment or federally funded programs), it was the first time in history that the country recognized the need for comprehensive civil rights actions to address societal accessibility issues for people with disabilities.

Despite these crucial legal protections, millions of people with disabilities still face unique barriers in employment. Data from the Bureau of Labor Statistics show that 81.6% of unemployed people ages 16 to 64 say their disability is in and of itself a barrier to employment.(1) Other data reveal that this same population also reports a lack of transportation, training, job counseling, and government assistance as further hurdles, as well as employer and coworker attitudes, and a need for accommodations at work.

These accounts highlight the challenges of job searching with a disability and the need for guidance when it comes to finding success in today’s hiring market.

Who is an individual with a disability according to the ADA?

The ADA contains very specific parameters regarding who qualifies as an individual with a disability.(2) The criteria include:

You must meet all three criteria to receive protection and legal rights under the ADA.

What are considered disability-related work limitations?

Disability-related work limitations can be defined as any physical or mental restrictions that affect your ability to perform the essential duties of your job. For example, a cashier at a grocery store may have limitations that prevent them from standing behind the checkout counter for the duration of their shift.

Remember that a disability is defined as a physical or mental impairment that substantially limits major life activities. These include conditions like:

• Blindness (or low vision)
• Deafness (or hearing impairment)
• Diabetes
• Cancer
• Cerebral palsy
• Asthma
• Muscular dystrophy
• Depression
• Bipolar disorder
• Autism spectrum disorders
• Pregnancy complications
• Amputation

Note that the ADA isn’t designed to protect those with temporary impairments, such as a broken bone or a case of the flu. That’s because these conditions fail to meet the criteria of something that “substantially limits” major life activities.

Should you mention your disability when applying for jobs?

Whether you should talk or provide information about your disability when applying for a job depends on the type of position you’re trying to get, your need for reasonable accommodations, and how comfortable you feel disclosing certain details to prospective employers.

How does disclosing my disability affect my chances of getting a job?

In general, candidates with disabilities are shielded from discrimination in the hiring process.

Consequently, disclosing your disability shouldn’t hinder your chances of securing a position, as long as you can perform the role with or without reasonable accommodation. There’s also no significant data suggesting that disclosure increases your chances of being hired.

However, it’s important to know that disclosure can legally affect your chances in limited contexts.

According to the Rehabilitation Act of 1973, federal agencies are required to take positive steps to recruit and hire individuals with disabilities in an effort to increase representation. While recent executive actions have absolved federal contractors of some affirmative action requirements, these mandates didn’t extend to the agencies themselves.

In some cases, federal initiatives may have specific hiring goals attached to them, such as former President Barack Obama’s goal to hire 100,000 people with disabilities over five years.(3) In these limited cases, disclosing your disability could qualify you for hiring under these laws and initiatives.

Keep in mind that while some inclusive employers may view disclosure positively, not all of them feel the same. Overall, bias and stigma remain significant issues in the hiring process and are something that people with disabilities must be prepared to navigate.

Finally, it’s wise to disclose your disability if you need a reasonable accommodation from the employer. Not only does this allow you to know in advance whether you’ll be able to perform the role, but it also gives the employer ample time to ensure that you have what you need to succeed.

What is “reasonable accommodation”? 

The ADA guide defines “reasonable accommodation” as adjustments to the job or work environment that would allow you to apply for and perform a job and gain equal access to the same professional benefits that your co-workers enjoy. You can request accommodations at any stage of the hiring or employment process, including:

• During the Application Stage: For example, asking for large-print or Braille application forms
• During the Interview: For example, asking for a sign language interpreter or access to a wheelchair-friendly entrance
• On the Job: For example, asking for a modified work schedule or access to screen-reader software 

To determine whether you may need an accommodation, comb through the job description and ask the employer about the essential functions and duties of the position. You should also ask about the physical space you would be working in.

Consider what parts of the job or workspace may be challenging due to your disability (including physical tasks, communication, transportation, scheduling, or even lighting) and what changes or adjustments may help you overcome those challenges.

Answering the disability question on a job application

Many job applications ask whether the applicant has a disability. However, it’s important to note that the law prohibits employers from requiring candidates to answer this question.

Your disclosure in this case becomes voluntary self-identification. Choosing not to disclose won’t disqualify you from getting a position, as long as you can perform the essential responsibilities of the role with or without reasonable accommodation.

Including disabilities in your application

If you’re wondering whether and how to include information about your disability in your application, you’re certainly not alone. Here are a few tips to help you decide whether it’s a good idea and, if so, how to present it.

Should I disclose my disability on my resume?

Generally speaking, you should limit disclosure of your disability to situations in which it can strengthen your application. This may include applying for:

• Disability advocacy roles
• Leadership roles in advocacy organizations
• Positions where your disability lends real-world experience related to the job
• Roles where you need an accommodation from the employer

Should I mention my disability in my personal statement?

Whether you should mention your disability in your personal statement for an academic, research, or non-profit position depends on its relevance to the role. If you’re applying for a job that includes or requires disability advocacy, leadership in a disability-focused organization, or accessibility expertise, it would be a good idea to mention it. 

Whether you include this information or not, keep the focus of your personal statement on your skills and achievements, as those are what qualify you for the position.

How to explain gaps in employment due to disability

To avoid disclosing too much about your disability, frame any employment gaps using neutral language, such as “health-related leave” or “personal development.”

If you did any job retraining, personal projects, or volunteer work during the gap, make sure to highlight your transferable skills. To do so, you can point out the gap with a separate entry in your resume’s work experience section:

Consider using a functional or hybrid resume to emphasize your skills and experience instead of focusing on chronological timelines.

What are the benefits of disclosing a disability to your employer?

Telling your employer about your disability may have several advantages, including:

• Access to legal protections under the ADA and the Rehabilitation Act
• Eligibility for accommodations
• Potential connection to employee resource groups
• Greater transparency that may foster trust

Still, it’s crucial to remember that disclosure is optional, and you don’t have to reveal disability-related information to an employer unless you need a reasonable accommodation.

Retention and promotion challenges

Statistically speaking, candidates with disabilities still face considerable challenges in the workplace. For example, many struggle to achieve longevity in their positions, with data showing that disabled U.S. federal employees are 27% more likely to leave.(6) In fact, nearly 40% of these employees leave within one year of being hired.

Disabled employees also face barriers to career advancement. In Canada, 8.9% of disabled employees are promoted(7) versus 12.1% of non-disabled workers. In the U.S., 51% of disabled workers reported having career mobility opportunities(8) versus 62% of those who don’t have a disability.

The good news is that there’s also some positive data out there.

Companies that value and practice inclusion saw a 58% increase in promotions(9) of disabled employees in 2023. This underscores the importance of evaluating a potential workplace based on its inclusivity programs and culture. Although it isn’t a guarantee that you’ll be supported or enjoy working there, it makes success much more likely.

What to do when faced with discrimination in the workplace

If you believe that you’ve been discriminated against during any part of the hiring process or your employment journey, it’s important to document as much of your experience as you can.

When possible, record dates, times, locations, witnesses, and what was said or written. Make sure to also preserve any communications related to the discriminatory acts, such as emails, text messages, or voicemails.

If you’re already working at the company, review its internal policies to determine the appropriate steps for reporting discrimination. Then, inform your supervisor or the HR department. If possible, put your experience and evidence in writing. You can bring a trusted colleague or advocate with you if you’d prefer.

Recall that several laws protect you from work-related discrimination, including the Americans with Disabilities Act and the Rehabilitation Act of 1973.

Your state may have additional laws that offer even broader or more specific protections. As such, you can reach out to federal and state agencies, such as the Equal Employment Opportunity Commission (EEOC) or your state’s Fair Employment Practices Agency (FEPA), which may also forward your complaint to the EEOC.

What to do if your rights have been violated

If you suspect that you’ve been the victim of disability-related employment discrimination, the ADA indicates that you should contact the nearest office of the EEOC. During your call, someone from the agency will review the details of your situation and help you determine whether filing a charge is the right step. 

If so, you can file a charge with the EEOC in person, by mail, or over the phone. You can also take action online through the EEOC’s public portal. If you’re filing by mail, your letter should contain specific information needed to assess your case and make a decision about whether to take legal action.(10)

Do you need a lawyer or pay to file a charge?

You’re never required to have a lawyer or pay a fee to file a charge of discrimination with the EEOC or FEPA. However, it’s advisable that you obtain legal representation if possible.

The legal process is highly complex, and a legal professional can help ensure that you meet key deadlines and file your charge correctly, which will ultimately protect your rights and improve your chances of a successful outcome.

Resources and further advice

If you’re a student with a disability looking to enter (or re-enter) the workforce or pivot in your career, it’s imperative that you know your rights under the law and where to go when you need resources and support.

While organizations like the Employer Assistance and Resource Network on Disability (EARN) may primarily provide employer assistance, they also have an array of legal resources you can learn from. It can also be beneficial to review the websites of government agencies like the ADA and EEOC for further information about your rights. 

Finally, you might contact advocacy organizations in your state or local area to see what resources are available to support you as you go through the hiring process. Assembling a support team as early as possible will ensure that you’re equipped to navigate what can be a stressful time for many disabled students.

Finally, use the powerful resume builder tool from Jobseeker to effortlessly create a resume that makes your skills and accomplishments shine.

Sources:

(1) U.S. Bureau of Labor Statistics: Barriers to employment for people with a disability

(2) U.S. Department of Justice Civil Rights Division: A Guide for People with Disabilities Seeking Employment

(3) The National Archives: Executive Order 13548 -- Increasing Federal Employment of Individuals with Disabilities

(4) National Organization on Disability: Disability in the Workplace: 2023 Insights Report

(5) HR Magazine: Less than a quarter of disabled people would disclose disability during hiring process

(6) Government Executive: The federal government is striving to be a model for employing people with disabilities, but retention is a problem

(7) The Social Research and Demonstration Corporation: Career Mobility of People With Disabilities

(8) The Social Research and Demonstration Corporation: Career Mobility of People With Disabilities

(9) National Organization on Disability: Disability in the Workplace: 2023 Insights Report

(10) U.S. Equal Employment Opportunity Commission: How to File a Charge of Employment Discrimination