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Your Career, Your Rights:
Resources for Students and Alumni with Disabilities
Introduction
About the ADA
Accommodations
The Job Search
Resources
As a student, you know that the the University of Pennsylvania would offer you services and accommodations in cases of disability...But what happens when you look for a full-time job?
Did you know that it is illegal for prospective employers |
| to ask if you have a disability |
on a job application? |
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during an interview? |
| to require a medical examination |
before a job offer has been extended? |
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if a reason has not been given? |
| to ask you to take a test... |
unless all applicants are given the same test? |
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(and) unless the test measures job functions only? |
for additional unlawful interviewing questions prepared by On-Campus Recruiting Services (OCRS), click here. (Requires Adobe Acrobat Reader).
About the ADA The ADA: What You Should Know
As an individual with disabilities, you have certain rights under the Americans With Disabilities Act of 1990 (ADA). The ADA is a civil rights act which prohibits discrimination on the basis of disability with respect to employment, public access, transportation, and communications. More specifically, the ADA makes it illegal for employers with 15 or more employees to discriminate against candidates who are disabled. Under the ADA, you have a disability if you have a "physical or mental impairment that substantially limits a major life activity. The ADA also protects you if you have a history of such a disability, or if an employer believes that you have such a disability, even if you don't" (Job Accommodation Network, 1999).
The ADA does not guarantee you a job.
In order to receive protection from job discrimination, you must be "otherwise qualified," or able to perform the essential functions of the position to which you are applying with or without reasonable accommodation.
This means two things. First, you must satisfy the employer's job requirements in such areas as education, employment experience, skills or licenses. Second, you must be able to perform the essential functions of the job. Essential functions are the fundamental job duties that you must be able to perform on your own or with the help of a reasonable accommodation. An employer cannot refuse to hire you because your disability prevents you from performing duties that are not essential to the job. (Job Accommodation Network, 1999)
Accommodations
It is appropriate to ask for reasonable accommodations.
Just as faculty and staff at Penn work to develop accommodations for coursework for students with learning or physical disabilities, employers are required to provide reasonable accommodations to qualified applicants or employees (provided these accommodations aren't exceedingly expensive or difficult to make). The Job Accommodation Network estimates that more than half of all accommodations cost less than $500 and that most employers report the benefits of such accommodations in excess of $5,000 (Job Accommodation Network, 1999). Such accommodations can include: providing or modifying equipment or devices, modifying work schedules, job restructuring, and modifying or adjusting training materials or policies.
In terms of determining appropriate accommodations to fit your needs, we recommend that you contact the Job Accommodation Network (JAN). A service of the President's Committee on Employment of People with Disabilities, JAN is a central resource for both employers and prospective employees. JAN consultants are willing to speak with you regarding your disabilities and to provide you with strategies and potential accommodations relevant to your personal needs. "JAN will use all its resources to discover and deliver practical suggestions for your particular situation."
The Job Search Process Think not of what your employer can do for you, but of what you can do for your employer...
As an individual with a learning, psychological, or physical disability, you offer employers a valuable life skill: the proven ability to overcome obstacles and to develop strategies of working harder to achieve your goals. In addition, some employers are eligible for special tax benefits after hiring an employee with a disability.
The issue of whether or not to disclose a disability during the application process can be a sensitive one. As with all job searches, it is very important to conduct employer research, prepare for your interview and anticipate difficult questions, utilize good judgment, and present sensitive information in a timely, positive, and appropriate manner. We highly recommend talking to a counselor in Career Services or to other professionals for interview strategies and career assistance.
Resources
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