If you are a job seeker with a disability, it’s important for you to understand your rights. The Equal Employment Opportunity Commission (EEOC) has established guidelines related to the Americans with Disabilities Act (ADA) which establish what an employer may and may not ask a job applicant prior to employment.

Questions that an employer may ask at the pre-offer stage:

“The job requires you to perform these functions. Can you do this with or without reasonable accommodation?”

“Please describe or demonstrate how you would perform these functions.”

“Can you meet the attendance requirements of this job?”

“How may days were you absent from your job last year?”

“Do you use illegal drugs? Have you used illegal drugs in the last two years?”

“How much do you weigh? How tall are you?”

“Do you have the required licenses/certifications to perform the job?”

Following are some questions that an employer may not ask at the pre-offer stage:

Employers may not ask about the existance, nature, or severity of a disability, and they are prohibited from conducting medical examinations until after a conditional job offer has been made. Other questions that are prohibited include the following:

“Will you need a reasonable accommodation to perform this job?” (The employer is required to provide a “reasonable accommodation” for people with disabilities.)

“Have you been diagnosed with AIDS or HIV? Do you have AIDS-related complications?”

“Do you have a disability which would interfere with your ability to perform the job?”

“How many separate episodes of illness did you have last year?”

“Have you ever filed for workers’ compensation?”

“Have you ever been injured on the job?”

~ Anne Follis, CPRW

It violates a host of local, state, and federal laws, but age discrimination in hiring happens all the time. Employers are concerned that older candidates are out of touch with recent technological and business changes, will be resistant to change, and will have difficulty working for younger managers. There’s also a concern that older candidates will be more costly when it comes to salary and benefits. There are some things you can do, however, to dispel these concerns.

If you’ve been out of the job market for a few years, or if you’ve been in a dead-end job with limited opportunities to grow, do whatever it takes to bump-up your skillset. Take computer or industry-related courses, talk to people in your industry, learn the latest jargon, and familiarize yourself with information about companies, products, and services.

On the Resume

As a general rule, don’t go back more than 10 or 15 years on your resume (with a few exceptions, including some medical and academic CVs). Anything prior to that is usually outdated, so employers aren’t interested and it only dates you. You must include the dates of employment, but you don’t need to include the date(s) you attended or graduated from college, and if you have post-high school training, leave your high school education off entirely. If you worked for one company for 20 years or more, break it down by jobs, to be listed under the company, go back only 10 or 15 years, and put the dates by the jobs rather than the company. For example:

XYZ Company – City, State

Director of Purchasing (2004 to Present)
[Job description & achievements]

Assistant Director of Purchasing (1998 to 2004)
[Job description & achievements]

When it comes to education, include your recent training, and LEAVE OFF anything that goes back too far and is outdated. For example, if you earned a Data Processing Certification 25 years ago, it is completely irrelevant today. Focus on your more recent knowledge and training.

During the Interview

Present a positive and energetic appearance and indicate your willingness and adaptability (and past experience, if applicable) in working with people of all ages and backgrounds. Stress your experience, good judgment, and grace under pressure. These are valuable assets to any organization, and they ofen come only with age. When salary comes up, indicate that you are flexible and would be willing to negotiate within their range for the right opportunity.

~ Anne Follis, CPRW; 50+ and still going strong!