Accessibility in Hiring: What Employers Should Review in the Recruitment Process
Federal guidance addresses accessibility across multiple parts of the hiring process, including recruitment locations, application materials, online systems, interviews, and reasonable accommodations.
The U.S. Department of Labor’s Office of Disability Employment Policy (ODEP) says employers covered by applicable disability nondiscrimination laws should ensure that qualified applicants with disabilities can access and participate in recruitment and hiring activities.
(Important: This article summarizes current U.S. Department of Labor and ADA.gov guidance.)
1. Review whether recruitment activities are accessible
The Department of Labor’s Disability Nondiscrimination Law Advisor says employers covered by applicable disability nondiscrimination laws should ensure that their recruitment activities do not screen out potential applicants with disabilities.
The guidance gives examples such as:
Avoiding recruitment locations that are physically inaccessible
Providing reasonable accommodations when needed
Ensuring qualified applicants with disabilities have an equal opportunity to participate in recruitment
(U.S. Department of Labor, n.d.-a)
DOL’s guidance addresses accessibility at the recruitment and application stages, before the interview itself.
2. Check online application systems
Many employers use online systems to accept applications.
The Department of Labor notes that some online application systems may be accessible to people with disabilities while others may not be.
Its guidance says employers must ensure that qualified individuals with disabilities have an equal opportunity for employment regardless of the accessibility level of the online application system being used (U.S. Department of Labor, n.d.-a).
ODEP also points employers to resources specifically focused on accessible e-recruiting technology (U.S. Department of Labor, n.d.-b).
3. Make application information available in accessible formats
ODEP’s guidance says accessibility applies to application materials and related information.
Application forms and other relevant information may need to be available in alternative formats for people with visual or cognitive disabilities (U.S. Department of Labor, n.d.-c).
The same guidance gives examples such as:
Applications in alternative formats
Accessible routes to human resources offices
Other reasonable accommodations needed to allow qualified applicants to compete for a job
4. Allow applicants to request reasonable accommodations
ADA.gov explains that qualified applicants with disabilities may request a reasonable accommodation during the hiring process.
A reasonable accommodation is a change or adjustment that allows a person with a disability to apply for a job, perform job functions, or have equal access to workplace benefits (U.S. Department of Justice, n.d.).
ADA.gov also explains that applicants do not need to use technical legal language when requesting an accommodation. They need to let the employer know that an adjustment or change is needed because of a disability (U.S. Department of Justice, n.d.).
5. Do not ask applicants whether they have a disability during an interview
ODEP’s guidance specifically tells employers not to ask an applicant whether the applicant has a disability during a job interview (U.S. Department of Labor, n.d.-c).
The same resource also tells employers not to make medical judgments about applicants or assume that a work environment will be unsafe simply because an employee has a disability.
6. Protect disability-related information
ODEP also addresses confidentiality.
Its guidance says disability-related information should be kept confidential and shared only with people who need to know.
For example, supervisors or managers may be informed about necessary work restrictions or accommodations when appropriate.
7. Review the full recruitment process
The Department of Labor organizes its employer disability resources around multiple stages of employment, including:
Recruiting
Hiring
Retention
Advancement
ODEP also provides employer resources through programs such as the Employer Assistance and Resource Network on Disability (EARN), the Job Accommodation Network (JAN), and accessible e-recruiting resources (U.S. Department of Labor, n.d.-b).
What areas does the federal guidance address?
Based on the federal resources summarized here, the guidance addresses whether:
Recruitment activities are accessible to applicants with disabilities.
Online application systems allow qualified applicants to participate.
Application information is available in accessible formats where needed.
Applicants have a way to request reasonable accommodations.
Interview practices avoid disability-related questions identified in the guidance.
Disability-related information is handled confidentially.
These points summarize areas addressed in current Department of Labor and ADA.gov employer guidance.
From Access to Opportunity
Federal disability-employment guidance addresses accessibility throughout recruitment and hiring, including how applicants access opportunities, request accommodations, and participate in the process.
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Frequently Asked Questions
What does accessibility in hiring mean?
The Department of Labor’s guidance addresses whether qualified applicants with disabilities can access and participate in recruitment and hiring activities, including online applications, physical locations, application materials, and reasonable accommodations.
Do employers need to consider accessibility in online applications?
The Department of Labor says employers should ensure that qualified individuals with disabilities have an equal opportunity for employment even when an online application system itself presents accessibility issues (U.S. Department of Labor, n.d.-a).
Can an applicant ask for an accommodation during the hiring process?
Yes. ADA.gov says qualified applicants with disabilities may request reasonable accommodations during the application process (U.S. Department of Justice, n.d.).
Does an applicant need to use the words “reasonable accommodation”?
No. ADA.gov says a person simply needs to communicate that an adjustment or change is needed because of a disability (U.S. Department of Justice, n.d.).
Can an employer ask an applicant if they have a disability during an interview?
ODEP’s employer guidance says employers should not ask an applicant whether the applicant has a disability during a job interview (U.S. Department of Labor, n.d.-c).
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Sources & References
U.S. Department of Labor. (n.d.-a). Disability Nondiscrimination Law Advisor: Guide on employing people with disabilities. https://webapps.dol.gov/elaws/odep/employer_guidance.aspx
U.S. Department of Labor, Office of Disability Employment Policy. (n.d.-b). Employers. https://www.dol.gov/agencies/odep/program-areas/employers
U.S. Department of Labor, Office of Disability Employment Policy. (n.d.-c). Opening doors to all candidates: Tips for ensuring access for applicants with disabilities. https://www.dol.gov/agencies/odep/publications/fact-sheets/opening-doors-to-all-candidates-tips-for-ensuring-access-for-applicants-with-disabilities
U.S. Department of Justice. (n.d.). A guide for people with disabilities seeking employment. ADA.gov.
https://www.ada.gov/resources/employment-seeking-guide/
