Can I Legally Refuse to Hire Someone with a Disability? Yes, in These Two Circumstances

Legal to Refuse to Hire Someone with a Disability? Yes, in These Two Circumstances

or call (877) SUE-MY-BOSS for a free consultation.

Employment lawyer and disability rights attorney Neil Shouse explains the 2 exceptions to disability laws under the ADA, and when a disabled person can sue their employer for discrimination.

While the state and the U.S. as a whole have robust protections against workplace discrimination, there are two limited exceptions that allow employers to refuse to hire someone based on their disability.

❌ Shockingly, these exceptions exist, and we're here to shed light on them. Exception #1: If the individual cannot perform essential job duties even with reasonable accommodations. And Exception #2: When providing such accommodations imposes an "undue hardship" on the employer, indicating significant difficulty or expense.

🤝 It's crucial to understand that employers have a legal obligation to engage in a timely, good-faith interactive process with potential employees to explore reasonable accommodations before refusing employment. Failing to make a genuine effort in this regard can result in lawsuits under the Americans with Disabilities Act (ADA).

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If you or a loved one has been discriminated against because of a disability, we invite you to contact us at Shouse Law Group. We can provide a free consultation in office or by phone. We have local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and throughout California.