Asking About a Disability During the Application Process

The Americans with Disabilities Act, as amended, prohibits employers with fifteen or more employees from discriminating against employees or prospective employees because of a disability, perceived disability, or need for a reasonable accommodation.  This protection very clearly applies in the application and interview process. Thus, a good rule of thumb is that employers should only ask job-related questions in an employment application or interview. An applicant who was asked about a disability and was denied a position, may have a claim against the employer for disability discrimination.

Employers who ask any of the following type of questions may have violated the ADAAAA.

  • How many days were you sick last year?
  • Are you HIV positive?
  • Do you have cancer?
  • Do you have a disability that would interfere with your ability to perform the job?

Employers, however, may ask limited questions concerning the need for a reasonable accommodation if the employer knows or reasonably believes the applicant will need a reasonable accommodation.

If you have been denied a job because of your disability, perceived disability, or need for a reasonable accommodation, contact Dallas employment lawyer Stacy Cole today.

Logo---Blog-website-logo

The information contained in this website is not legal advice and it is not intended to be legal advice.  You should consult with a licensed attorney if you believe that you may have a claim or if you have a claim against you.

 

Standard

How to File an EEOC Charge of Discriminatoin Against an Employer

Unlike other areas of law, an employee cannot go directly to court when bringing a Title VII claim of discrimination against an employer.  First, a private sector employee must file a charge of discrimination against the employer with the United States Equal Employment Opportunity Commission (EEOC).  This process is different for employees of the federal government.  Although an employee does not need an attorney to file a charge of discrimination with the EEOC,  it is worth noting that the EEOC does not represent employees.  Thus, it is a good idea for an employee to consult with an employment lawyer beforehand.

Generally, an employee has 300 days from the date of the last discriminatory act to file a charge of discrimination to preserve federal rights.  However, an employee only has 180 days from the date of the last discriminatory act to file a charge of discrimination to preserve state rights here in Texas.  In many cases, it is important to preserves an employee’s state rights.  Although the EEOC does not require that a charge of discrimination be notarized, Texas does require a charge of discrimination to be notarized.

Stacy Cole Law, P.C. represents employees through the EEOC process.  Additionally, our Dallas employment law firm represents employers who have had a charge of discrimination filed against them.  Contact our Dallas office today to setup a consultation.

Logo---Blog-website-logo

The information contained in this website is not legal advice and it is not intended to be legal advice.  You should consult with a licensed attorney if you believe that you may have a claim or if you have a claim against you.

Standard