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People with Disabilities Work - Knowing Your Rights

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Painting of the beach

'Ocean' by Bertie Wood (2007, Oil Painting). WVU CED Fine Arts Program

All workers have certain rights and responsibilities. It is against the law for businesses to discriminate against qualified individuals with disabilities.

Equal Access and Opportunity

There are many laws assuring your right to equal access and opportunities to jobs.

Under laws such as the Americans with Disabilities Act, as ammended (ADA), you may have the right to:

  • Freedom from harassment
  • Not be discriminated against
  • Not be fired for asserting your rights
  • Request reasonable accommodation

Reasonable Accommodation is any change or adjustment to a job, the work environment, or the way things are usually done that would allow you to apply for a job, perform job duties, or enjoy equal access to benefits.

Some examples are:

  • Accessible workplaces, break rooms, cafeterias, and restrooms
  • Training and written materials in accessible format
  • Adaptive equipment including teletypewriters, readers, and software
  • Flexible work and break schedules

You can request a reasonable accommodation at any time it is needed to help you do your job. If you are unable to perform the essential duties of your job, your employer may be required to offer to place you in a different job.

Some Health Insurance offered through employers may exclude coverage for pre-existing conditions. The company may not have to obtain additional coverage for you if the employer offers insurance and it does not cover all of your medical expenses.

In West Virginia, the Medicaid Work Incentive Network for workers with disabilities may help to cover medical conditions or services excluded by health insurance available through your employment. For Northern WV call: 304-293-4692, For Southern WV call: 304-720-3200, or visit www.cedwvu.org/programs/mwin/ for more information.

Job Applications

In general, employers are supposed to make the job application process accessible for anyone who wishes to apply. Job applications cannot include questions about disability.

You can ask for accommodations in order to take tests that are a required part of the application process.

Interviewing

It is your responsibility to request any accommodation you need for the interview. Reasonable accommodation can include an accessible location for the interview, providing sign language interpreters, or providing a reader if you are blind. You should never be asked to pay for an accommodation.

During an interview, potential employers are not supposed to ask questions about your disability or what type of medications you are taking. However, potential employers may ask about your ability to perform essential functions of the job with or without accommodations.

Receiving a Job Offer

After you have been offered the job, you may be asked questions about your disability and asked to take a medical exam. This is permissible as long as it is asked of all new employees in the same jobs. Unless the medical exam reveals a disability that affects your ability to do the essential functions of the job, it should not affect the employment offer..

An employer may ask you to voluntarily disclose if you have a disability for Affirmative Action purposes only. This is okay as long as giving the information requested is voluntary and will be kept confidential. Information given cannot be used against you.

Further Assistance