Hot(line) Topics: Pre-Hire Disability Disclosure

By Ben Opp, SPHR, HR Hotline Advisor
Published March 26, 2024

You’re probably comfortable handling requests for accommodation from current employees under the Americans with Disabilities Act (ADA). But do you know how to handle disability disclosure when it happens during the interview process?

Q: A potential candidate for a Field Technician position emailed us and asked if our company hires people with disabilities. He said he recently had ankle surgery and is currently restricted to seated work only. The Field Technician job requires lots of standing and walking. How should we respond?

In short, you should treat this candidate the same as any other person during the hiring process and address his disability only if necessary.

First, it sounds like this individual sent an inquiry, but hasn’t yet applied for the job. If that's true, you should invite him to apply for any open positions that match his qualifications and communicate that you’re happy to consider his application.

Now, let’s look at each step in the interview process.

• If he applies, you should consider his application without regard to his disability, just as you would any other candidate.
• If he isn't selected for an interview based on his qualifications, you'll want to document the non-discriminatory reasons why, just as you would with any other candidate who doesn't advance. (Note that you do not necessarily need to provide the applicant with the reason he does not progress further in the application process.)
• If he is selected for an interview, the fact that he voluntarily disclosed a disability enables you to ask some additional questions during the interview. You can outline the essential functions and physical requirements of the job (as you would with any candidate), ask if he would need an accommodation to perform any of those duties, and if so, what kind of accommodation. At that point, you will need to engage in the interactive process and determine whether your organization can reasonably accommodate the disability, or whether doing so would pose an undue hardship.

Note that in this example, the disability is likely temporary, and this factor could impact the reasonable accommodation analysis.

Keep in mind that candidates are entitled to reasonable accommodation during the interview process itself. For example, if the hiring process for this job requires a realistic job preview that includes shadowing a technician in the field or walking around your facility, you will need to provide workplace accommodations that enable this candidate to participate, absent undue hardship.

As always, HR Source members with questions are invited to contact the HR Hotline Online or at 800-448-4584.