"Don't mistake an accommodation for an exception."
Disability Discrimination: Staying Informed
What Is Disability Discrimination?
Disability discrimination is the inequitable treatment of a person based on their disability, history of disability, or perceived disability.
A disability is any condition of the body or mind that makes it more difficult for the person with the condition to do certain activities and interact with the world around them.
(Disability = Impairment + Activity Limitation + Participation Restriction)
What Could Discrimination Look Like?
Employment related disability discrimination can take several forms: refusing to hire an applicant, denying accommodations, harassment, unequal access to pay, job assignments and promotion opportunities, all based on the person’s discrimination.
A lack of physical accessibility in the workplace can be interpreted as a form of disability discrimination. This can be the absence of wheelchair ramps, accessible bathrooms, and inaccessible equipment.
Employers who deny reasonable accommodations that enable employees with disabilities to perform the essential functions of their job, such as modifying a work environment to accommodate medical assistive devices, is both another form of disability discrimination and a violation of the ADA.
How to Avoid Disability Discrimination?
Employers should not assume that an applicant or an employee’s disability will interrupt their ability to perform the essential functions of their job. Navigating disabilities and accommodations within the workplace always requires a conversation between employer and employee. If accommodations are reasonable and do not present undue hardship, an employer should follow through on providing the accommodations to enable their employee.
Disability Discrimination Protections Under Title VII
- Hiring, Promotion, and Employment Decisions
- Employers must not base decisions about hiring, firing, pay, promotions, job assignments, layoffs, or benefits on an individual’s disability status. All employment practices should focus solely on job-related qualifications and essential functions of the role. It is unlawful to use criteria that disproportionately exclude individuals with disabilities unless they are necessary for the job and cannot be reasonably accommodated.
- Pre-Employment Inquiries
- Before making a job offer, employers may not ask applicants whether they have a disability or about the nature or severity of a disability. Questions must be limited to the applicant’s ability to perform job-related functions. If voluntary disability information is collected for affirmative action or compliance tracking, it must be kept separate from the hiring process and treated confidentially.
- Compensation and Employment Terms
- It is illegal to treat employees differently in pay, benefits, job assignments, performance evaluations, training, discipline, or discharge based on a disability. All policies and practices must be applied consistently and fairly to employees with and without disabilities.
- Harassment
- Harassment based on disability (including offensive remarks, mockery, or exclusion) is unlawful when it creates a hostile or intimidating work environment or interferes with an employee’s ability to perform their job. This also applies to perceived disabilities, even if the individual does not have an actual impairment.
- Retaliation
- Employees are protected from retaliation when they request accommodations, oppose disability discrimination, or participate in an investigation or legal complaint. Employers cannot take adverse actions against individuals for exercising these rights.
- Segregation and Classification
- Isolating employees with disabilities, assigning them to lesser roles, or limiting advancement opportunities based on assumptions about their abilities is prohibited. Disability status cannot be used as a basis for job classification, unless justified by business necessity and no reasonable accommodation is possible.
- Employment Agencies, Labor Organizations, and Training Programs
- Employment agencies, unions, and training providers may not discriminate based on disability. They must provide equal access to job referrals, membership, and training programs. This includes making reasonable accommodations to ensure individuals with disabilities have a fair opportunity to participate and succeed.
How Can Goodwin Recruiting Assist?
At Goodwin Recruiting, we are committed to promoting fair, inclusive, and equitable hiring practices that comply with EEO laws, including protections against disability discrimination. We partner with organizations to build hiring strategies that attract top talent while minimizing legal and ethical risks in the recruitment process.
Here’s how we can help:
✔ Inclusive Recruitment Strategies
We ensure that our sourcing and recruiting methods are accessible and do not rely on limited networks or biased criteria that could exclude qualified candidates with disabilities. Our recruiters actively promote diverse candidate slates and apply consistent, job-related qualifications across all positions.
✔ Bias-Free Screening and Evaluation
We assist clients in designing screening processes that focus solely on skills, experience, and job-related qualifications. Our team is trained to identify and remove unconscious bias that could affect resume review, interview questions, or candidate evaluation, ensuring equitable treatment for all candidates.
✔ Interview Process Support
We provide guidance on structuring interviews and best practices to ensure compliance with EEO standards. This includes advising clients on lawful and appropriate questions, avoiding assumptions about a candidate’s disability or need for accommodations, and maintaining consistent evaluation criteria for every applicant.
✔ Education and Awareness
Goodwin Recruiting offers resources and training to help hiring managers recognize and prevent practices that could unintentionally discriminate against candidates with disabilities. This includes guidance on accessibility, reasonable accommodations, and inclusive workplace policies.
✔ Compliance Alignment
We stay up to date on EEOC regulations, the Americans with Disabilities Act (ADA), and federal employment law to help clients remain fully compliant. By emphasizing fair hiring practices and equal opportunity, we support organizations in creating respectful, inclusive, and high-performing workplaces.
Partner with Goodwin Recruiting to ensure your hiring practices are accessible, inclusive, and fully compliant with disability protections under EEO laws. Contact us today to learn how we can help you attract the best talent from every background.
