Know Your Employment Rights
In Nevada, people as young as 14 are allowed to hold jobs, depending on the work requirements, conditions, and hours involved. If you’re ready to work, there is probably a job out there to suit you!
As a person with a disability, you may feel uncertainty about whether this will cause difficulty in finding a job. Know this: You absolutely can work, and you have every right to, just like anyone else.
Of course, disabilities may present challenges. That’s why it’s important that you know your legal rights — what an employer can and can’t say or do, and what you can expect when you begin your job search or accept a job.
What Employers Can, or Can’t, Do
According to the Americans with Disabilities Act (ADA), it is illegal for an employer (with 15 or more employees) to reject an applicant because they have a disability or need any accommodations.
However, you must be able to perform the essential functions of the job. For example, if the job requires you to have a certain level of education or training, have a certain amount of experience, or know how to perform the basic tasks involved in the job (for example, using Microsoft Excel or experience working with a certain type of software), you still must satisfy these requirements. Employers are required, by law, to base their hiring decisions on these factors, whether or not you have a disability.
During the hiring process, employers are not allowed to ask if you have a disability or how it affects you. But they can ask if you can perform the essential functions of the job (with or without reasonable accommodations). They may also ask you to demonstrate how you’d perform them. The law also gives you the right to ask for accommodations for an interview — for example, having information provided to you in an accessible format, such as Braille or TTY (talk to text) mode for phone accessibility.
They are allowed to ask you to take skills tests and medical exams on which an offer is contingent, but it must be asked of all applicants being considered, not only an applicant with a disability. You may need to provide proof of a qualified disability, as defined under the ADA. This could include a letter from your doctor or a rehabilitation professional.
Under the law, any information about your disability that you share must remain confidential; employers are not allowed to share that you have a disability, any medical documents or exam results, or information about accommodations that they are providing to anyone except supervisors/managers, first-aid or safety personnel, government officials, workers’ compensation/insurance workers, or legal staff who specifically request it. Information about disabilities must be stored separately from personnel files.
Also, you have the right to ask for a reasonable accommodation, which is a change or adjustment to a job, work environment, or way things are done that would allow you to apply for a job, perform the job functions, or enjoy equal access to workplace benefits that others enjoy. This could include installing ramps, providing a quieter workspace, providing information in an accessible format, and giving you time off for disability treatment.
However, the law also states that employers don’t have to do this if it causes undue hardship — a significant difficulty or expense.
Should You Disclose Your Disability?
First, remember that there is no legal requirement for you to disclose a disability during your job search. If you meet the requirements for the position, you have the right to apply for it, just like any other applicant.
The choice about whether to share that you have a disability is a personal one that you’ll have to make for yourself, depending on several factors. For example, it may be necessary to ask for reasonable accommodation to participate in an interview; this may mean you have to share certain details of your disability.
Unfortunately, not all employers follow the law. If you choose to reveal the disability, know that there may be preconceived biases that could cause the employer to adjust their decision-making and, consciously or not, exclude you from consideration. In general, employers rarely share information about their hiring decisions with applicants, so it may never be clear how the decision was made. However, if you have good reason to believe that you were excluded from consideration based on your disability, it’s a good idea to speak with an attorney about your options.
