Do I need to disclose my disability in a job interview?

Do I Have A Duty To Mitigate My Damages In My Wrongful Termination Case?

If you were wrongfully terminated from your job, you could have a claim for compensation against your employer, such as for your lost wages and emotional distress. You may be entitled to this if, for example, you can show that you were not an at-will employee and could not be fired except for good cause or that your employer illegally discriminated against you based on a protected classification, like your age, gender, disability, or sexual orientation. An important issue that often arises in these cases is your duty to mitigate your damages.

What Is Your Responsibility to Mitigate Your Damages?

Your duty to mitigate your damages simply means that you have a duty to attempt to reduce your damages by finding another job. If you failed to do this, your claim for compensation could be reduced…or, in extreme cases, denied. However, your responsibilities are not limitless. The following guidelines help explain what this duty really is:

• You are only required to exercise reasonable diligence in attempting to find a new job.
• You are not required to suffer undue risk, hardship, or humiliation, and your feelings must be considered in determining whether you made reasonable attempts to find a job.
• You are only required to look for work that is similar to the job you had before your discharge.
• If you have more than one skill, you may be required to seek employment in more than one trade or profession.
• You do not have to accept substantially inferior jobs.
• You do not have to leave your family to accept a position that is similar but in a different location.

Keeping an employment diary where you document your attempts to seek a comparable job is critical to proving that you fulfilled your duty to mitigate your damages. You also need an experienced employment termination attorney who understands the federal and California laws that apply to your situation and can build your case against your employer. Start an online chat or call the Law Offices of Corbett Williams today at 949-570-6779 to schedule a free, no-obligation consultation to learn about your legal rights and options.

The Fair Employment and Housing Act (FEHA) gives you more powerful protections against discrimination based on your disability than under federal laws. It protects you from discrimination in all aspects of your job and requires your employer to provide reasonable accommodations of your disability. This includes protecting you when you fill out a job application and are in a job interview.

Are You Required to Disclose Your Disability in a Job Application or Interview?

You are not required to disclose your disability in a job application or at a job interview. This is true even if you later need an accommodation. You are only required to disclose your disability when you need an accommodation—which could be months or years after you are hired. It is a good idea to make a request for accommodation in writing as well as orally and to keep a copy of it for your records.

What Can an Employer Ask About Your Disability When You Apply for a Job?

Before an employer offers you a job, he is prohibited from asking you questions that are likely to reveal information about your disability. This includes the following:

• Asking questions about a particular disability, like “Do you have a heart condition?”
• Asking questions about “major life activities” not related to the job, such as “Have you been able to take care of yourself at home?”
• Asking most questions about prescription drug use.

Your employer can require a post-offer, pre-employment medical examination or inquiry. However, the information must be kept confidential, and all applicants in the same job category must be asked the same questions and otherwise treated the same way. If an employer withdraws a job offer based on the exam or inquiry, he must prove that the reasons are “job-related and consistent with business necessity.”

Did your employer ask you questions about your disability in a job application or interview? You may have a claim for compensation under FEHA. Talk to an Orange County employment litigation attorney at 949-528-4220 to schedule a free, no-obligation case evaluation.

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