As much as people love to wear designer labels, many are uncomfortable wearing the disability label. This is often true of people who acquire disabling conditions as they age. I saw this when I worked as an advocacy specialist for a center for independent living and the intake paperwork required me to document the individual’s disability. A 92-year-old woman who ambulated with a walker surprised me when I asked what to record for her disability. She said, “I don’t have one.” Clearly she met the ADA definition of disability as one having a substantial limitation on the major life activity of walking. But once she understood only people with disabilities qualified for my help, she conceded that the disability label suited her.
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Actually many people with disabilities reject the disability label. Despite having substantial limitations in major life activities—breathing, hearing, learning, reaching, sleeping, or talking, to name a few—they reject the limitations associated with disability and in so doing reject the label. They have adapted and are able to do whatever they set their sights on. It’s the attitudes of others towards them they see as disabling.
In the post ADA era, it’s generally unlawful to ask someone if they have a disability and people with disabilities are not obligated to disclose their disability. The exceptions being if a reasonable accommodation is requested or disability is a qualification for the service offered.
In the employment context, the dilemma comes when completing job applications which include a check box for disability. Should the applicant leave the box blank or check yes? It’s a personal choice with pros and cons for each decision.
The downside to leaving the box blank is that you miss the employers who are open-minded or looking to increase diversity and favor people with a disability. It also means, that to be consistent, you scrub your Curriculum Vitae clean of volunteer activities that suggest you have a disability. So it’s important to do your homework on the employer before making a decision. You need to know if diversity is encouraged; this is often the case in higher education and larger companies.
The upside to not answering the question is that you remove the opportunity for the employer to trash your application based on preconceived notions that people with disabilities make staff and customers uncomfortable, have more accidents on the job, and need costly accommodations. Of course, an employer who weeds out applications based on a disability identification is discriminating, but finding evidence to prove it is near impossible.
In the case of dwarfism, nondisclosure is moot once you get to the interview. Even though employers cannot lawfully ask if you’re disabled, they can ask how you will perform the job duties. This is the time to request a reasonable accommodation if you need one to make your performance possible. It’s also a good time to share the disability volunteer experience you may have scrubbed from your CV.
So how do you answer the question, “Are you are disabled?”
For more of my writings on employment discrimination, check out the first two books in my dwarfism trilogy, Dwarfs Don’t Live in Doll Houses and Pass Me Your Shoes, at https://angelamuirvanetten.com/books.
2 replies on “Are You Disabled?”
Thanks for another thoughtful blog, Angela.
As the parent of a child with a disability I have filled out applications or talked on the phone to people about her participation in activities that often did not include people with disabilities. Attending an open house at our local dance studio avoided the questionnaire since they could see she has Down syndrome. It also gave them the opportunity to first see a child who loves to dance. She still dances there 13 years later!
Thanks Paulette. When you have a visible disability, the decision to disclose is in the timing. The best time is during an in person meeting when you have the opportunity to melt away the many misconceptions people have. In this case, the dancing open house was the perfect time to demonstrate that disability was not an issue.