Recognizing Disability Discrimination During a Hiring Process
Interviewing for a position as a disabled person can be challenging, especially if you require accommodations to take part in the hiring process or your disability is apparent. You can request reasonable accommodations to participate in an interview. Employers cannot directly ask about your disability, what reasonable accommodations you might need in the workplace, or how your condition might impact your ability to perform the job.
You may be experiencing disability discrimination during a hiring process if:
- You are asked about the nature or severity of your disability
- You are asked if you have ever had any mental health problems
- You are asked how frequently you get sick
- You are asked about what types of accommodations you might need if hired
- You are asked any question that appears designed to
Requesting Reasonable Accommodations in Oregon
It is important to understand that an employer cannot flatly refuse a reasonable accommodation request. Employers must negotiate in good faith and attempt to find a compromise if the initially requested accommodation is not tenable. Note that an employer does have the right to request medical verification of the condition that necessitates the requested accommodation.
Examples of common reasonable accommodations include:
- Modifying work schedules
- Modifying the workstation
- Restructuring certain job responsibilities
- Providing more frequent or longer breaks
- Providing a parking space closer to the worksite
- Providing assistive technology, tools, and resources
Our Portland disability discrimination lawyers at Bullman Law Firm can help you navigate difficult situations where your employer refuses to provide reasonable accommodations. We are familiar with what constitutes “reasonable” and can work to combat unjustified claims of “undue hardship.”
If a conflict cannot be settled directly with your employer, we can help you file a disability discrimination complaint with the U.S. Equal Employment Opportunity Commission (EEOC) or Oregon’s Bureau of Labor and Industries (BOLI). You typically have up to 300 days to pursue a claim with the EEOC and up to 5 years with BOLI. Our team can help you review your options and explore pursuing additional legal action if the EEOC or BOLI are unable to resolve the problem.
