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  • About
    • Ashok Bail
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    • Negotiating Severance Agreements
  • Case Results
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How disability discrimination can affect the hiring process

On Behalf of The Bail Law Firm | Nov 7, 2025 | Workplace Discrimination

Finding a job is often challenging for people with disabilities. Barriers that have nothing to do with skills can appear at every stage, from job postings to interviews and tests. Understanding these obstacles can help candidates get fair opportunities and access support if they face discrimination.

The current state of disability employment

In 2020, disability discrimination ranked second for the most reported claims to the U.S. Equal Employment Opportunity Commission (EEOC). Retaliation was first. These reports suggest that many applicants and workers often face discrimination based on their disabilities rather than their ability to do the job.

The gap between workers with and without disabilities remains large as well. In 2024, only 22.7 percent of people with disabilities held jobs, compared to 65.5 percent of those without disabilities, according to the U.S. Bureau of Labor Statistics.

Common hiring process pitfalls

Recruiters can unintentionally exclude qualified candidates with disabilities in various ways, such as:

  • Job descriptions: Some postings list physical requirements that are not needed. For example, saying a candidate must “stand for long periods” when the job only requires sitting at a workstation can discourage applicants with mobility needs.
  • Interview procedures: Traditional interviews may not fit every candidate. Some applicants need extra time, a different format or assistive tools to show their skills.
  • Application systems: Online platforms that do not work with screen readers block access from the start. These systems keep qualified candidates from completing the process.

Most of these issues are because of outdated hiring practices. Identifying where barriers exist can be the first step towards creating a better selection process.

What can workers do when facing discrimination

If applicants believe they faced discrimination, they can file a complaint with the EEOC or the Texas Workforce Commission Civil Rights Division. These agencies review complaints and may help resolve issues at work.

Taking legal action may provide compensation for lost wages, emotional distress or other harms caused by discrimination. In some cases, the employer may have to offer the position to the applicant or reinstate an employee the employer wrongfully terminated.

Applicants can benefit from reaching out to an attorney when filing a claim. Keeping records of dates, names and specific comments can also strengthen the case.

Federal and state laws protect workers who request accommodations or report discrimination, allowing them to seek help without fearing retaliation.

Moving beyond the challenge of discrimination

A disability discrimination case can take time to resolve, but it can affect more than the individual involved. Reporting unfair treatment can help create changes that make the process fairer for future applicants.

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