Washington State Department of Services for the Blind

Discussing Your Disability During the Job Interview: Scenarios and Analyses*

You’re not going to get the job if you make the interviewer uncomfortable. But if they’re uncomfortable when they see you, they’re going to be uncomfortable, period. They may act better if they have time to prepare, but that doesn’t mean they’ll hire you. The person who ultimately hires you is the one who feels comfortable with you and asks questions about your disability.

You want the interviewer to feel comfortable discussing your disability, but you also want to strike a balance with your self-respect. Sometimes you have to decide whether you want the job badly enough to answer questions about how you dress in the morning or go to the bathroom.

The following are some examples of possible interview situations.

Scenario 1

Joan T. wants to apply for a manager’s job in an upscale mall dress shop. She has an artificial leg but has used mall ramps effectively. When Joan applies for the job, the manager notices her limp and asks about it. Joan tells her she has an artificial leg. The manger informs her that the job involves a lot of standing and walking.

Joan fills out an application. She doesn’t disclose her disability on the form because she knows she can do the job by using a barstool behind the counter and thinks the manager didn’t note her disability on the application.

Joan has been invited for an interview at the corporate personnel office. Must she notify the interviewer in advance about her disability? Must she mention it during the interview? Can the interviewer ask about her limp? Can she be denied the job because the company doesn’t want a manager sitting behind the counter?

Analysis

• Joan is under no duty to inform the interviewer in advance about her disability. Why risk the chance of rejection?
• Joan is also under no duty to mention the disability during the interview. This seems to be an appropriate time to do so, though, because she needs a minor alteration in the workplace – a barstool.
• The interviewer can probably ask about the limp because it might impinge upon Joan’s ability to do the job. If she were applying for a desk job, it probably wouldn’t be appropriate to ask.
• The interviewer can’t deny Joan the job. The difference between standing and perching behind a counter is hardly a legitimate business concern. Non-disabled employees can still be required to stand.

Scenario 2

Mark C. has been hired as an engineer and asked to take a routine company physical examination. He has a severe heart condition and is afraid he’ll be fired if the physical discloses it.

Does he have to take the physical, or can he submit a report from his own doctor instead? Can he be fired if the heart condition is discovered? Must the company’s group insurance carrier cover him for the pre-existing condition?

Analysis

• Mark is under no legal obligation to take the company physical because it’s not a “business necessity.”
• If his doctor believes the report and records will demonstrate no reason for concern, Mark should consider this alternative. It is unclear, however, whether he’s waiving his ADA right to prevent a medical inquiry by this disclosure. It is probably not a good idea.
• Mark can’t be fired if his heart condition is discovered. The employer assumed the risk by not asking about it at the pre-employment phase. Even at that point, inquiries are restricted to job-related issues.
• The group insurance carrier is probably bound to cover the pre-existing phase. Even at that point, inquiries are restricted to job-related issues.

Scenario 3

Phillip E., a senior mechanic engineer, has a mysterious heart disorder that could result in sudden death. The cause is unknown, and it can’t be treated with surgery, medicine, or therapy. A cardiologist says that Phillip is “a walking time bomb.”

Other than his heart condition, Phillip is in perfect health. He just passed a routine pre-employment physical. He answered the medical history questionnaire honestly, but it didn’t cover his condition.

Now that Phillip is ready to report for work, must he tell the employer about his problem? Does he have a duty to do so for his own physical safety? Can the employer give him short, low priority projects even though he’s technically qualified for major ones?

Analysis

• Phillip isn’t legally obligated to report his heart condition. He didn’t falsify the medical history questionnaire or any other employment document. In fact, he doesn’t even have a disability under the ADA because his condition isn’t “a physical or mental impairment that substantially limits one or more major life activities.”
• Phillip’s physical safety is a personal matter. If he wants to tell trusted co-workers once he’s on the job, fine. Otherwise, let’s wish him a long, happy and productive life.

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