Jobs for Disabled and Employer Discrimination Issues

Are there jobs for disabled people? Can employers discriminate against the disabled? Or must employers hire the disabled? The answers to these questions are “yes,” “no,” and “it depends on the circumstances.”

Discriminating Against the Disabled is Against the Law

It is against the law to discriminate against the disabled in employment. This means that an employer can’t refuse to hire a prospective employee simply because he or she is disabled. Similarly, an employer can’t pay a disabled person less than his or her abled colleagues, and can’t fire someone just because they are, or become, disabled.

Must Employers Hire the Disabled?

However, it’s important to bear in mind that not discriminating is not the same as being required to hire. First, of course, a disabled person must have whatever credentials, experience, etc. the position would normally require. Second, the person must be able to do the job if given “reasonable accommodations” (see below). However, if the person simply can’t do the job, even with reasonable accommodations, an employer is not required to hire (or if already hired, retain) them.

What is a Reasonable Accommodation?

A “reasonable accommodation” is some change or assistance that is reasonable in terms of cost, complexity, impact on the business, exposure to liability, and safety. There is no hard-and-fast rule as to what is reasonable, but some examples include:

• If someone can’t stand for long periods of time, but the job doesn’t strictly require standing, allowing them to sit (and providing a chair, etc.)
• Allowing a diabetic a different meal-break schedule
• Providing a computer screen that magnifies images for someone with impaired vision
• Voice recognition software for someone with an arm or hand condition that makes using a keyboard or mouse difficult

Technology keeps increasing what’s reasonably possible. For example, someone who is deaf can get voicemails as text, making communication easier.

Not All Accommodations are Reasonable

It’s one thing to hire a blind telesales person—since most of the job is verbal, a few simple note-taking tools will let her do the job. However, a company would not have to hire a blind proofreader or copy-editor, since that person literally can’t do the job—having text transcribed to Braille or read by computer software may let the person read and understand it, but they can’t proofread or edit the original source material. Similarly, a receptionist with mobility issues could be accommodated by changing the job description so he doesn’t need to physically show visitors around. But a warehouse stock picker who can’t walk probably can’t do the job at all, even if supplied with a power scooter or chair.

The issue is whether or not the disabled person, with some assistance or modest restructuring of the job, could do the job—or if fundamentally, there is no safe or efficient way for him or her to do it. If the latter, the employer is not required to accommodate them at great, possibly insurmountable, cost (monetary or otherwise) to itself.

How an Attorney Can Help

If you suspect you’ve been discriminated against because of a disability, consult with an attorney. The lawyer can help you understand if you have experienced improper job discrimination—and bring a claim on your behalf if you did.