Answering "Do you have a disability?" on a job application

llg, PhD, RN · Oct 23, 2015

A lot depends upon the nature of your disability and whether or not it effects your ability to do the job. If you say "No" and then ask for an accommodation after you get hired, you can be fired for having lied on your application.

I have a mild disability that has minimal effect on my job. I need no special accommodations to be made. So I definitely say "yes" and add the explanation that I need no accommodations that will cost them any money. That way, I give them a chance to say that they "hire the handicapped" without having to actually go through any hassle or expense. It's to my advantage to answer "yes."

How to handle job hunting when you have a disability is something that each person has to figure out for themselves -- based on their particular situation. I recommend that nurses with disabilities talk to some experts on their type of problem to help them figure out what is best for them.

zephyr9 · Oct 24, 2015

That makes sense...suppose I could say the same thing. I have a friend who is suggesting that my job status could somehow be more secure if I obtain employment under the ADA through OVR...not by saying yes to being disabled on application. Of course though, like you said, it is an individual consideration.

I don't see myself needing accomodation...but I have been on disability for a long time, and I am a new nurse looking for my first job. OVR said they have found employment placement for nurses.

I guess I will figure out where I stand on this as I go along.

JenERally · Nov 2, 2015

In the U.S., it's illegal for an employer to ask whether an applicant has a disability prior to a job offer. Technically speaking, an applicant and/or employee isn't required by law to disclose a known disability before, during, or after the application process unless the disability interferes with their ability to perform the essential job functions without reasonable workplace accommodation.

brownbook · Nov 4, 2015

I agree with JeanERally. Just Google the ADA act and you will find some clear precise questions and answers that can and cannot be asked on a job application in the US.

mercurysmom · Nov 4, 2015

I'm self-employed, and while my disabilities provide me with a unique perspective in many ways, I generally don't advertise the fact that I'm disabled when I'm setting up a workshop or other services with a new client.

Since I'm hired as a private contractor, I often need to bid on jobs. I'm Deaf and fluent in ASL. Interpreters are expensive! If I disclose any accommodation requirements during the bidding process, there's no way I'll get the job. Instead, I've hired 2 individuals and paid for them to learn C-Print captioning. I bought the software and hardware myself, and pay my captionists privately. Right before the workshop, I confirm that the space is wheelchair accessible and that I can access the site's Wifi in order to use the C-Print program in addition to whatever AV needs I have for my presentation.

I hate to say it, but unfortunately it's true: in certain situations, there's definitely an advantage to having a disability, especially if it's a "visible" disability with cheap or no-cost accommodations. So, if I go into a conference as a guest speaker with a wheelchair, service dog, and provide my own accommodations for my deafness? Home run! Check all those boxes without changing the bottom line! However, I still do run into biases from time to time, which is why I am very careful not to disclose any more personal info than absolutely necessary, and I make sure that my C.V. reads "Advocate" more than "person with disabilities."

Most of my work comes via word-of-mouth, repeat clients, and existing contracts via my state Voc Rehab and local colleges (I teach at a local CC.) I'm pretty sure that there have been a few jobs that I've been hired for specifically because of my disabilities, which can get a bit uncomfortable if I let the discussion drift too close to the "So, what's wrong with you?" boundary line. I do answer questions in a very general way, and I am comfortable discussing my DME needs if it's relevant to the topic I've been hired to discuss.

The only question I absolutely will NOT answer is "If you're disabled, why are you working?" [emoji19] :::sigh:::

LadyFree28, BSN, LPN, RN · Nov 4, 2015

Sometimes it is a blessing and a curse.

One job I stated that I had disabilities; when I disclosed it, they used it as a way to let me go off orientation; however, I still disclosed it-because SSA would find out eventually-and I haven't had much trouble at at; I'm actually thriving at this new position!

I would still disclose; if you go through OVR, that may be your best advantage.

Best wishes!

zephyr9 · Nov 6, 2015

Thanks everybody, Mercurysmom, what an amazing resiliency and adaptation!

I just got a job where they gave me a long health issues questionnaire. I mentioned nothing about my disability which is depression/PTSD/ADD. I just don't want to disclose that. But it asked what medications we are on. I had to think hard before I wrote down Adderall. But I'm glad I did because right after I handed in the questionnaire they handed me a lab slip to go get a drug screen. Glad I disclosed the Adderall.

Jen, didn't know it was illegal to ask? Huh. Well I won't say yes to anything....my policy will be don't tell, don't ask (for accomodations).

zephyr9 · Nov 6, 2015

Ladyfree, do you have experience with OVR? My friend is halfway thru med school and is concurrently pursuing an MBA, and they are paying for her MBA. Although I used OVR in the past, long long ago, it never occurred to me to go there for help with my nursing school expenses. Kicking myself in the butt...but I was told by the OVR rep that they have placed RNs in positions, and I have a scheduled appt next week...

LadyFree28, BSN, LPN, RN · Nov 10, 2015

Ladyfree, do you have experience with OVR? My friend is halfway thru med school and is concurrently pursuing an MBA, and they are paying for her MBA. Although I used OVR in the past, long long ago, it never occurred to me to go there for help with my nursing school expenses. Kicking myself in the butt...but I was told by the OVR rep that they have placed RNs in positions, and I have a scheduled appt next week...

I think that they can be a huge help, especially if they have open positions; I was able to use some tools to help, but due to my personal profile they do not think I was ready to get off disability, so I did everything on my own; in your case, see what they can do to help you.

Best wishes.

JenERally · Nov 10, 2015

Jen, didn't know it was illegal to ask? Huh. Well I won't say yes to anything....my policy will be don't tell, don't ask (for accomodations).

Go to eeoc.gov for more info. I've found that educating myself about the law instrumental in asserting rights as a disabled employee. Although an employer's affirmative duties under anti-discrimination laws as enforced by the EEOC and other federally mandated leave protection laws are very clear, it's appalling at how often employers intentionally and repeatedly disregard their legal obligations and interfere with and deny employees from exercising their legally protected rights out of ignorance and/or pure greed. Some of the workplace discrimination experiences that fellow AN members have shared on here are absolutely gut-wrenching and infuriating as they illustrate how cutthroat and unethical employers (healthcare especially) can be; how many view their employees as no more than disposable warm bodies whose values depreciate if and when a disability or other protected class challenges their bottom line.

As I'm sure you can tell, this is something about which I'm very passionate :) Good luck with your situation!

NurseGirl525, ASN, RN · Nov 11, 2015

They can ask if you have a disability that requires accommodations. I just filled out an app today. They even quote the statute in the ada.

I dont disclose lose mine for a couple of reasons. First, I do not need special accommodations. Second, my disability has been under control for a while and I have no issues.

Now, they cannot ask your medical history. It is not safer to go through whatever disability thing you go through. Employers will look at that as you being more of a liability. Somebody that's going to sue them if they want to get rid of you later. Do not get into the thought process especially with ADD that you will be protected somehow by the law.

Also, check into SSD back to work program. They want you back to work. They allow you to transition back with part time work and still get your disability. I'm allowed a certain amount to earn and I you get to keep Medicare for up to 93 months. I looked into all of this earlier this year.