How Should You Answer the Question About Having a Disability?

Living with a disability presents challenges, and a common one that people struggle with when applying for a job is how to answer a disability disclosure. No one wants to disclose personal information to someone you just met at a job interview, especially about a disability. Yet, there it is, the line on the application form, a “yes” or “no” disability question.

Before you find yourself in the uncomfortable position of struggling to come up with an answer to what other people, including the person interviewing you for a job, see as a simple question, the team of disability professionals at Sackett Law wants to help. Disability disclosure questions are not meant to pry into your personal life and medical history. They serve a purpose that can benefit you.

In this blog post, you’ll learn about the legitimate purposes served by including disability disclosure questions on employment applications. Also included is an explanation of laws that protect the rights of people with disabilities in the workplace. For answers to any questions or concerns about this topic or Social Security disability benefits in general, please contact a disability benefits professional at Sackett Law, the disability law firm that has been helping people in Northern California and throughout the country for 45 years.

You Don’t Have To Disclose A Disability, But Should You?

You read it correctly; You don’t have to disclose a disability. Several federal and state laws ensure that all workers, including those with disabilities, are treated fairly by employers.

For example, the Americans with Disabilities Act is a federal law protecting the civil rights of people who have or are perceived to have a physical or mental impairment significantly limiting them from doing one or more life activities. Employers asking their employees or job applicants questions about disabilities appears to violate the ADA and other antidiscrimination laws, but there are legitimate reasons for asking them that could benefit disabled employees.

How Disability Application Responses Benefit You

One of the primary reasons for answering disability questions when applying for employment is accommodations. The ADA and other laws require employers to make reasonable accommodations for workers with disabilities. Accommodations may include:

1. Incorporating additional breaks in a person’s work schedule.
2. Acquiring specialized tools or equipment.
3. Adjusting the start and end of the workday for public transportation schedules.

Accommodations could begin as early as the job interview. An employer who knows that an applicant disclosed a hearing impairment on a job application might have a sign language interpreter present at the interview.

Although you can refuse to answer questions about disabilities, remember that doing so prevents your employer from offering accommodations. For example, if you have a hearing impairment, you may have trouble hearing the instructor when participating in a work-related training program in a large room with many people. Your employer may arrange for you to participate in the training electronically in a room without distractions.

Disclosing a disability can prevent you from being placed in a potentially harmful situation. For instance, loud, sudden noises could be detrimental to someone with post-traumatic stress disorder. A supervisor who does not know about a worker’s PTSD may order them to work in an area a loud and noisy area of the workplace instead of keeping them in a safe working environment.

What Should You Disclose About Your Disability?

When seeking a new job, disability application responses can be as brief as you wish. Disclosure of your complete medical history is generally unnecessary. You can be as expansive or brief about your medical condition as you believe is necessary for your employer to be aware of the accommodations you may need.

Not disclosing a disabling condition because medication prescribed by your doctor controls its symptoms may not always be a good idea. If your workplace does random drug testing, be aware that some medications may trigger a positive or a false positive result.

There are medications prescribed for the treatment of depression that may cause a false positive test result. You may be better to your employer the medication you take and the condition you take it for when answering disability questions appearing on the employment application.

Learn More About Working While Disabled From Sackett Law

A disability should not keep you from going back to work. The Social Security Administration encourages people with disabling medical conditions to return to work while receiving disability benefits.

The Ticket to Work Program offers vocational training, career counseling, and other services to people receiving disability benefits through the Supplemental Security Income or Social Security Disability Insurance programs. The program aims to help them improve their earning potential to achieve financial independence.

Learn more about disability benefits and work programs available through the Social Security Administration from the disability lawyers at Sackett Law. Contact us today for a free, no-obligation consultation with an experienced disability lawyer.