Can Applicants Be Denied a Job Because of a Disability?

Employees with disabilities are protected under state and federal laws that forbid discrimination during the hiring process. If an individual has been denied a job opportunity due to their disability status, Minnis & Smallets LLP can help. Our firm represents accomplished professionals and hard-working individuals who have been discriminated against at work or who have questions about significant employment issues.

How Does FEHA Protect Applicants With Disabilities?

The California Fair Employment and Housing Act (FEHA) prohibits employers from discriminating against job applicants on the basis of physical or mental disabilities. These protections extend to all areas of employment, including hiring decisions, participation in training programs, and job placement.

FEHA takes a broad approach to defining disability, encompassing both physical and mental impairments that significantly limit major life activities. The law protects not only individuals with actual disabilities but also those with a history of disability or those perceived to have a disability, even if no disability exists.

Employers are required to assess job applicants without regard to their actual or perceived disabilities. This means hiring decisions must be based on an applicant’s qualifications and ability to perform essential job functions, not on assumptions or stereotypes about disability.

The Americans with Disabilities Act (ADA) provides additional federal protections, working alongside FEHA to safeguard the rights of qualified individuals with disabilities throughout the hiring process.

What Do “Reasonable Accommodations” Mean During Hiring?

Reasonable accommodations are modifications that allow qualified applicants with disabilities to participate fully in the application and interview process. These accommodations must be provided unless doing so would cause undue hardship for the employer.

Common reasonable accommodations during hiring include:

• Provide application materials in accessible formats, like large print or digital copies.
• Offer alternative ways to complete assessments or tests.
• Allow extra time for exams or interviews.
• Supply sign language interpreters or assistive listening devices.
• Making interview locations physically accessible
• Adjusting interview schedules to accommodate medical appointments or treatments

Employers cannot ask about the nature or severity of an applicant’s disability. However, they can inquire whether an applicant can perform job-related functions and whether accommodations would be needed to do so.

Applicants are not required to disclose a disability unless they need an accommodation during the hiring process. When an accommodation is requested, employers must engage in an interactive process to identify appropriate solutions.

How Can Bias Be Proven in the Interview Process?

Proving discrimination during the interview process requires demonstrating that an employer’s actions were motivated by disability-based bias rather than legitimate business reasons. Several types of evidence can establish this pattern.

Direct evidence includes discriminatory statements or questions during interviews, such as inquiries about an applicant’s medical history, disability status, or ability to perform non-essential job functions. Written communications that reference disability in a negative context can also serve as direct evidence.

Circumstantial evidence builds a case through patterns of behavior. This may include:

• Being asked to take medical examinations when other candidates were not
• Receiving fewer interview opportunities despite comparable qualifications
• Being subjected to different interview standards or processes
• Experiencing sudden changes in employer interest after disclosing a disability
• Observing that less-qualified candidates without disabilities were hired

Timing can be significant in proving bias. If an employer’s attitude shifts noticeably after learning of a disability, or if a job offer is withdrawn following disclosure, this temporal connection can support a discrimination claim.

Documentation strengthens these cases. Saving emails, text messages, interview notes, and application materials creates a record of the employer’s conduct throughout the hiring process.

What Legal Remedies Are Available If Discrimination Occurs?

When disability discrimination occurs during hiring, several legal remedies may be pursued. The specific remedies depend on the circumstances of the case and the harm suffered.

Compensatory remedies can include:

• Back pay for lost wages from the date the individual should have been hired
• Front pay if reinstatement is not feasible
• Compensation for emotional distress and mental anguish
• Reimbursement for out-of-pocket expenses related to the discrimination
• Payment of attorneys’ fees and court costs

Non-monetary remedies may include hiring or reinstatement, placement in the position originally sought, and implementation of workplace policies to prevent future discrimination.

Before pursuing litigation, individuals typically must file administrative charges with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC). These agencies investigate complaints and may attempt to resolve disputes through mediation or settlement.

If administrative processes do not result in a resolution, individuals have the right to file a lawsuit in court. Time limits apply to these actions, making prompt consultation with an employment attorney important for protecting legal rights.

Protecting the Rights of Employees With Disabilities

California and federal laws provide strong protections against disability discrimination during the hiring process. Employers cannot refuse to hire qualified applicants based on disability, must provide reasonable accommodations, and are prohibited from asking intrusive questions about medical conditions.

Individuals who believe they have been denied employment because of a disability have legal options. Minnis & Smallets LLP has the skills to navigate complex employment situations throughout California and the Bay Area. The firm’s attorneys help individuals understand their rights, evaluate their cases, and pursue appropriate legal action when discrimination has occurred. Contact our employment attorneys today to explore legal options.