When applying for a job, which box do you check when asked if you have a disability? Yes, No, or Prefer not to Answer? For the nearly 19 million people with disabilities (PWDs) in the workforce, checking “No” or “Prefer Not to Answer” is often the response.
PWDs comprise almost 23% of the workforce, yet due to underreporting, this number might actually be much higher. According to a Boston Consulting Group study, while employers believe their company’s workforce includes only 4-7% PWDs, they actually may make up about 25% of a company’s employees. But if PWDs are such an integral part of the workforce, why do they underreport their disabilities?
What Is The Equal Employment Opportunity Commission (EEOC)?
The EEOC is a government agency that enforces laws that prevent discrimination in the workplace, which extends to PWDs. The EEOC was created by Title VII of the Civil Rights Act of 1964 and enforces Title I of the Americans with Disabilities Act (ADA), which mandates that workplace discrimination is illegal when engaging in “job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment”. Therefore, in theory, PWDs should have no fear of discrimination during their job application process since the EEOC defines a PWD as anyone who “has a physical or mental impairment that substantially limits one or more major life activities”. As such, these workers are entitled to accommodations while on the job. Possible accommodations include assistive equipment, physical alteration of workplaces, job restructuring, and frequent breaks.
Although workplaces with more than fifteen employees are protected by the EEOC, private sector businesses with 100 or more employees and federal workplaces with more than 50 employees must offer the EEO employee information report, a survey that asks if an applicant has a disability, along with information about their race or ethnicity and sex. While the purpose of the EEO is to provide the EEOC with information about compliance with federal anti-discrimination policies, employers can still see these answers, which can influence hiring decisions.
Why Are Disabilities Underreported?
One of the fundamental reasons PWDs choose not to report their disabilities on job applications is due to ableism. According to Healthline, “Ableism describes any prejudice, bias, and discrimination directed toward people living with disabilities”. It can take many forms, including failure to recognize nonapparent disabilities, believing that individuals with disabilities want to be healed, assuming that PWDs have less value than those without disabilities, and using patronizing language. While overt discrimination against PWDs is illegal, ableism is not. Employers may view applicants with disabilities as less qualified, even if their disability does not limit their ability to meet workplace expectations. Employers may also fear that workplace accommodations may prove too costly–although 60% of workplace accommodations cost the employer nothing. “There is enormous ignorance and fear (of being sick, likewise disabled) by non-disabled coworkers, so denial and avoidance is rampant”, says a respondent with a disability in a recent Cornell study,
Another reason PWDs fail to disclose is that employers are not required to provide accommodations if they will create “undue hardship”. Thus, if an accommodation will stretch a company’s resources beyond what they can provide, they can legally refuse the accommodation. This occurs more often in small businesses with fewer resources than in larger corporations.
More recently, with President Trump’s Executive Order banning Diversity, Equity, Inclusion, and Accessibility (DEIA) initiatives, many applicants with disabilities may be even more hesitant to disclose, fearing prejudice and lack of support.
Advantages of Disclosing a Disability
Hiding a disability places enormous stress on PWDs, because they are continually afraid of being uncovered. Instead, “Disclosing makes life simpler – I am who I am and I am a person with a disability,” says another Cornell study participant. As such, many PWDs note that disclosing shows them a potential employer’s true colors. Therefore, if the workplace does not display a welcoming attitude towards those of all abilities, applicants quickly learn that this is an organization they would not want to join. Another reason disclosure appeals to many PWDs is that they view their workplaces as opportunities to break down barriers and prejudices their coworkers may have.
Finally, disclosing during the hiring phase ensures applicants receive the accommodations they are legally entitled to. After all, there is protection under the law and assurance of accommodation. If disability accommodations are disclosed early and employers are clear about what applicants need, it can be easier to receive those accommodations once hired.
Still, despite all of these advantages, choosing not to disclose is most common. Even for applicants with both nonapparent and apparent disabilities, they often only disclose their apparent disability during the application phase but do not disclose their nonapparent disability until after they are hired.
Should Applicants Disclose Disabilities on Applications?
If the disability does not interfere with their job functions, there is no need for applicants to disclose during the application and interview process since, legally, employers cannot ask about disabilities during the application process. However, if one has an apparent disability, disclosure is necessary. Yet doing so may work in the applicant’s favor since employers can then ensure they are able to provide the requested accommodations without undue hardship. Employers also receive tax credits when hiring PWDs, making the hiring process more favorable.
It is therefore ultimately up to the applicant to evaluate their priorities and determine if disclosing would be the best option. There are pros and cons to both and, regardless of disclosure status, PWDs can experience as much fulfillment in their work lives as their peers without disabilities.
About the Author: Taylor Hamilton is a fellow with The Loreen Arbus Accessibility is Fundamental Program, a fellowship created with Women’s eNews to train women with disabilities as professional journalists so that they may write, research and report on the most crucial issues impacting the disabilities community.