Understanding Your Workplace Rights: A Job Seeker's Legal Primer

Knowing your rights does not make you adversarial. It makes you informed. This guide translates disability employment law into plain language so you understand what employers can and cannot do at every stage of the hiring process and beyond.

What Employers Can and Cannot Ask

Before a Job Offer

In the US and the UK, employers are generally restricted from asking disability-related or health questions before making a job offer (in the US, a conditional job offer). Rules in other countries differ — see the country sections below.

Employers CANNOT ask:

• Whether you have a disability or chronic illness
• What medications you take
• Whether you have ever filed a workers' compensation claim
• How many days you were absent from work due to illness at your previous job
• Whether you need accommodations (with narrow exceptions -- see below)

Employers CAN ask:

• Whether you can perform specific job functions
• You to describe or demonstrate how you would perform specific job tasks
• About your qualifications, education, work history, and skills

The exception (US): If you have an obvious disability, or if you have voluntarily disclosed a disability, the employer may ask whether you need a reasonable accommodation and how you would perform job functions. They still cannot ask about the nature or severity of the disability.

After a Conditional Job Offer

In the US, once an employer has made a conditional offer of employment, the rules shift:

• The employer may require a medical examination, but only if all entering employees in the same job category are subject to the same examination.
• The employer may ask disability-related questions.
• If the employer withdraws the offer because of what the examination shows, it must be able to show that the reason is job-related and consistent with business necessity — for example, that you cannot perform the essential functions of the job even with reasonable accommodation.

Medical Examination Rules

United States (ADA)

• Pre-offer: No medical examinations or questions permitted.
• Post-offer, pre-employment: Medical examinations are allowed if applied uniformly to all candidates in the same job category. Results must be kept confidential and stored separately from personnel files.
• During employment: Medical examinations are permitted only if they are job-related and consistent with business necessity.

United Kingdom (Equality Act 2010)

• Section 60 restricts pre-employment health questions. Employers can only ask about health before an offer for limited purposes, such as establishing whether the candidate can take part in an assessment or needs reasonable adjustments for it, whether they can carry out a function intrinsic to the role, diversity monitoring, or lawful positive action.
• Asking a prohibited health question is not in itself disability discrimination (only the Equality and Human Rights Commission can enforce the ban directly). But if the employer acts on your answer and you bring a tribunal claim, the tribunal treats your complaint as facts from which it could find discrimination — so the employer then has to show it did not discriminate.

Canada

• The Canadian Human Rights Act covers federally regulated employers (such as federal departments, banks, Crown corporations and air or rail transportation); most other employers are covered by provincial or territorial human rights codes. Check your provincial human rights commission's guidance on what employers may ask about health before and after an offer.

Australia

• The Disability Discrimination Act 1992 makes it unlawful to treat you unfairly because of disability when you are getting a job. It may not be unlawful to refuse to employ someone who cannot perform the inherent requirements of a job because of their disability — but the employer must consider whether reasonable adjustments would let them do it.

Pre-Employment Testing Accommodations

If an employer uses tests as part of the hiring process (aptitude tests, skills assessments, personality questionnaires, physical fitness tests), you have the right to reasonable accommodations.

Examples of Testing Accommodations

• Extended time for written or computer-based assessments
• Screen reader compatibility for online tests
• Large print or Braille test materials
• A separate, quiet room for testing
• An alternative test format that measures the same skill
• A sign language interpreter for verbal instructions
• Permission to use assistive technology

How to Request

Notify the employer or testing administrator as soon as you learn about the test. Provide enough information to explain what you need without disclosing your specific diagnosis. For example: "I have a condition that affects processing speed and I would benefit from extended time on the written assessment."

Conditional Offers and Medical Clearance

A conditional job offer means the employer wants to hire you, subject to certain conditions (background check, medical clearance, reference checks). Important protections:

• The condition must be applied equally to all candidates for the same role.
• If the medical assessment leads to withdrawal of the offer, the employer must show that you cannot perform the essential functions of the job with reasonable accommodation, or that you would pose a direct threat.
• Before withdrawing an offer, the employer should explore whether a reasonable accommodation would let you do the job.
• Medical information obtained during this process is confidential. Only decision-makers with a need to know may access it, and it must be stored separately.

Probation Period Rights

Being on probation does not strip away your disability rights.

United States

• The ADA covers job application procedures, hiring, advancement and discharge, with no minimum length of service. Probation does not remove your right to request reasonable accommodation.
• If you are dismissed during probation for a disability-related reason, that can still be disability discrimination.

United Kingdom

• The Equality Act applies from the beginning of employment, including during probation.
• However, general unfair dismissal protection currently requires 2 years of service (this is due to fall to 6 months from January 2027). Disability discrimination claims have no service requirement.

Canada

• If you believe a dismissal during probation was linked to your disability, contact the human rights commission or tribunal for your province (or the Canadian Human Rights Commission if your employer is federally regulated).

Australia

• The DDA covers getting a job, terms and conditions, training, promotion and dismissal. General unfair dismissal claims under the Fair Work Act require a minimum employment period of six months, or one year if your employer is a small business (fewer than 15 employees).

Filing a Complaint

If you believe you have experienced disability discrimination during the hiring process or employment, here is how to file a complaint in each jurisdiction.

United States: Equal Employment Opportunity Commission (EEOC)

1. Time limit: File within 180 days of the discriminatory act (300 days if your state has a fair employment agency).
2. How to file: Start online through the EEOC Public Portal (publicportal.eeoc.gov), by phone, by mail, or in person at your nearest EEOC office.
3. What happens: The EEOC may offer mediation and may investigate. Generally you must allow the EEOC 180 days to resolve your charge before you can ask for a Notice of Right to Sue to go to court.

United Kingdom: Employment Tribunal

1. Time limit: You usually have to make a claim within 6 months of the problem happening or your employment ending.
2. Step one: You must tell Acas (Advisory, Conciliation and Arbitration Service) before you make a tribunal claim, for Early Conciliation. Contacting Acas pauses the deadline.
3. How to file: Online at claim-employment-tribunals.service.gov.uk, using your Acas early conciliation certificate number.
4. Cost: You do not have to pay a fee to make a claim.

Australia: Australian Human Rights Commission (AHRC)

1. Time limit: Complain as soon as you can — the Commission may decide not to inquire into some complaints. It is currently reporting significant delays.
2. How to file: Complaints must be in writing: download the complaint form from humanrights.gov.au and return it by email or post. Complaints can be made in any language, and the Commission can arrange an interpreter.
3. What happens: The AHRC will try to resolve the complaint through conciliation. If your complaint is terminated, you may be able to apply to the Federal Circuit and Family Court of Australia or the Federal Court of Australia within 60 days.
4. Cost: It does not cost anything to make a complaint to the Commission. Court proceedings may involve costs.

Canada: Canadian Human Rights Commission (CHRC) and Provincial Commissions

1. Federally regulated employers: File with the CHRC within 12 months of the incident at chrc-ccdp.gc.ca. There is no fee and you don't need a lawyer.
2. Provincial/territorial: File with the relevant provincial human rights body. Time limits vary — for example, one year with the Human Rights Tribunal of Ontario and one year with the BC Human Rights Tribunal.
3. What happens: Typically assessment, mediation, and potentially a hearing before a human rights tribunal.

Step-by-Step Complaint Process (General)

Regardless of jurisdiction, the general process follows these steps:

1. Document everything. Keep records of job postings, emails, interview notes, accommodation requests, and any responses. Note dates, times, names, and what was said.
2. Seek advice. Contact a disability rights organization or employment lawyer for a preliminary assessment. Many offer free initial consultations.
3. Attempt internal resolution. If the employer has an HR department or grievance procedure, consider raising the issue internally first. This is not always required, but it can resolve matters faster.
4. File with the relevant body. Use the appropriate agency for your jurisdiction (see above). Be specific about what happened, when, and why you believe it was discrimination.
5. Participate in mediation/conciliation. Most agencies will try to resolve the complaint through dialogue before formal proceedings.
6. Proceed to hearing or court if needed. If mediation fails, the matter may proceed to a tribunal or court. Legal representation is recommended at this stage.

Practical Tips

• You do not need a lawyer to file. Complaints processes are designed to be accessible to individuals representing themselves.
• Disability rights organizations can help. In the US, contact your Protection and Advocacy (P&A) agency — there is one in every state and territory. In Great Britain, contact the Equality Advisory and Support Service (EASS) helpline. In Australia, contact a Disability Advocacy organization. In Canada, contact your provincial human rights commission for guidance.
• Retaliation is illegal. Employers cannot punish you for filing a complaint or requesting accommodations.
• Keep copies. Always save copies of everything you submit and everything you receive.

Key Takeaways

1. Employers face strict limits on disability-related questions before a conditional offer.
2. Medical examinations must be applied uniformly and results kept confidential.
3. You have the right to accommodations in pre-employment testing.
4. Probation does not diminish your disability rights.
5. Complaint processes in these countries let you start without a lawyer, and most charge no fee to file.
6. Document early, document thoroughly, and seek advice from disability rights organizations.