Employment Disability Rights
Disability Discrimination in Hiring
Job applications, medical questions, physical screening, interpreters, onboarding, staffing agencies, rescinded offers, and disability stereotypes.
Last reviewed: September 25, 2026
The ADA protects qualified applicants as well as employees. Rules about disability questions and medical examinations change at different stages of hiring, and legitimate job qualifications still matter.
Before a Conditional Offer
Employers generally may ask whether an applicant can perform job functions, but disability-related questions and medical examinations are restricted before a conditional offer. Save application questions, screenshots, interview messages, and rejection notices.
Blanket Screening and Stereotypes
Physical requirements and tests should relate to actual job needs. The EEOC challenged alleged automatic screening involving lifting, standing, agility, hearing, and vision in several 2026 matters. A manager’s assumption based on appearance may also raise a “regarded as” issue.
Interpreters and Accessible Onboarding
Accommodation obligations can apply to interviews, testing, onboarding, and training. Deaf and hard-of-hearing applicants may need effective communication, while blind applicants may need accessible documents, software, or testing.
Staffing Agencies and Client Companies
More than one organization may affect hiring or placement. Preserve communications from the staffing agency and client, the offer, qualification records, and the identity of the person who made the decision.
Licensing, Safety, and Essential Requirements
The ADA does not erase genuine licensing or safety requirements. The key questions include whether the standard is job-related, consistent with business necessity, and applied through an individualized assessment where required.
Frequently Asked Questions
Can an employer ask about my disability before hiring me?
Pre-offer disability questions and medical examinations are generally restricted. Employers may ask whether you can perform job functions and may describe those functions.
Can I ask for an interpreter during an interview or onboarding?
Yes. Effective communication can be a hiring accommodation. The employer may discuss effective alternatives and whether a requested measure would create undue hardship.
Can a staffing agency and client both be responsible?
Potentially. Responsibility depends on each organization’s control, role, knowledge, and conduct.
Questions About Disability Discrimination at Work?
Contacting the firm does not create an attorney-client relationship. Please do not send confidential information until representation is confirmed.