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Do You Have a Potential Disability Discrimination Claim?

Posted on in Employment

Some of the most expensive types of litigation that employers often face is disability discrimination.

Disability discrimination does not have to make its appearance felt when employees are actually on the job, and facing bias. Such bias by employers can creep in right at the time of placing the ad. The bias can also be very evident at the time of your interview.

If at the time of the interview, your employer asks you open questions about your disability and whether it will prevent you from performing the job, or asks you whether you have any disabilities or medical conditions that could prevent you from performing the job, note down on these concerns.

If your disability warrants accommodation, make this clear to the employer. Tell him that you are disabled, and because of the disability you might require certain accommodations. Your employer is required to provide you with accommodations for your disability. If your disability is visible, then he will likely ask you whether you need accommodations for your disability.

Certain questions can pinpoint an employer's bias at the time of the interview. For example, if your employer asks you during the interview whether you have been treated for any disease or medical condition, or if you have ever been hospitalized or undergone psychiatric treatment, or hospitalized due to a mental disorder, make a note of all these questions. If he asks you whether you have suffered a major illness over the past few years, or have any history of absenteeism during your previous job, that can also indicate latent bias. The more you are able to document about the interview process, the more clues you will get to the employer's bias, and the stronger your claim.

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