Disability

Workers

You have protections against discrimination

You have a right to protections against discrimination based on a disability. Several federal disability nondiscrimination laws apply to people with disabilities who are qualified for jobs with covered employers in the private-sector, state and local governments, and the Federal Government.

Generally, employers cannot ask disability-related questions or require medical examinations until after an applicant has been given a conditional job offer. However, some employers who have federal contracts or subcontracts are required to invite applicants to voluntarily self-identify (via an official government form) as a person with a disability at both the pre- and post- offer stage to comply with regulations requiring them to take proactive steps to recruit qualified people with disabilities. Furthermore, these federal contractors and subcontractors are required to invite current employees to self-identify as a person with a disability on a periodic basis. It is important to note that such invitations to self-identify are permissible when the question is being asked for affirmative action purposes.

Discrimination can occur when you and the person who discriminated against you share a protected characteristic.

You have a right to a reasonable accommodation to help you apply for a job, perform the essential functions of your job, or enjoy the benefits and privileges of employment, as enjoyed by other similarly situated employees without disabilities, unless doing so would impose undue hardship on the employer.

You have the right to file a complaint or a Charge of Discrimination, participate in an employment discrimination investigation or lawsuit, engage in any protected activity, or oppose harassment or discrimination without being retaliated against by your employer.

You generally have a right to protection from discrimination regardless of your immigration status, although, in some cases, immigration status may limit the remedies that you’ll be able to obtain.

What this means for you

Employers are not allowed to discriminate against you based on the fact that you:

  • have a physical or mental impairment that substantially limits one or more major life activities,

  • have a record of having a disability,

  • are regarded as having a disability, or

  • have a relationship with a person with a disability.

Examples of discrimination

In general, this means that you cannot be:

  • fired,

  • rejected for a job or promotion,

  • given lesser assignments,

  • forced to take leave, or

  • otherwise disciplined because of a disability.

Learn about filing a complaint with the Office of Federal Contract Compliance Programs (OFCCP)

Learn about filing a complaint with the U.S. Equal Employment Opportunity Commission (EEOC)

Additional resources

Employers

You have the responsibility to ensure nondiscrimination for workers

You must not discriminate against an employee or applicant because they have a disability, have a history of a disability, or are regarded as having a disability. Several federal disability nondiscrimination laws apply to people with disabilities who are qualified for jobs with covered employers in the private sector, state and local governments, and the Federal Government. In general, this means that you can’t:

  • fire,

  • reject for a job or promotion,

  • give lesser assignments to,

  • force to take leave, or

  • otherwise negatively alter the terms and conditions of employment for an individual because of a disability.

Generally, employers cannot ask disability-related questions or require medical examinations until after giving the applicant a conditional job offer.

However, some employers who have federal contracts or subcontracts are required to invite applicants to voluntarily self-identify (via an official government form) as a person with a disability at both the pre- and post-offer stage in order to comply with regulations requiring them to take proactive steps to recruit qualified people with disabilities.

Furthermore, these federal contractors and subcontractors are required to invite current employees to self-identify as a person with a disability every five years for as long as they remain a contractor. It is important to note that such invitations to self-identify are permissible only when the question is being asked for purposes of affirmative measures or is otherwise required by federal law.

You’re obligated to provide reasonable accommodations to help individuals apply for a job, perform their job, or enjoy the benefits of employment, unless doing so would impose undue hardship on the operation of your business.

Discrimination based on a person’s disability may also occur when your apparently fair policies or procedures have an unintentional discriminatory effect on people with disabilities without a strong enough business justification.

Learn about OFCCP

Learn about EEOC

Additional resources

Questions? We’re here to help

We are committed to helping you understand. Many questions may be answered by using the following elaws (Employment Laws Assistance for Workers and Small Businesses) Advisor:

Family and Medical Leave Act (FMLA) Advisor

The Office of Federal Contract Compliance Programs (OFCCP) oversees and enforces Section 503 of the Rehabilitation Act of 1973 (Section 503), a law prohibiting federal contractors and subcontractors from discriminating based on disability status.

By statute, Section 503 provides for a prompt investigation of employment discrimination complaints based on disability status. See 29 U.S.C. § 793(b). Employees and applicants of covered contractors, third parties, and authorized representatives (e.g., a family member, personal representative, or union representative) may file a complaint with OFCCP on behalf of an individual or group.

OFCCP also oversees and enforces the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA), the law regarding discrimination based on protected veteran status, including disabled veterans, by federal contractors and subcontractors.

For additional assistance, please contact:

  • OFCCP: 1-800-397-6251. If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services.

  • OFCCP Help Desk

  • EEOC: 1-800-669-4000 (ASL Video Phone: 1-844-234-5122), info@eeoc.gov, or use the Public Portal.

Need more information?

The elaws (Employment Laws Assistance for Workers and Small Businesses) Advisors are a set of online tools developed by the U.S. Department of Labor to help employees and employers understand their rights and responsibilities under federal employment laws.