US FederalCan my employer refuse to hire me because of a disability even if I can do the job?
No, your employer cannot refuse to hire you because of a disability if you are qualified to perform the essential functions of the job, with or without reasonable accommodation.
What the Law Says
The Americans with Disabilities Act (ADA) prohibits employment discrimination against qualified individuals with disabilities. This includes hiring decisions.
The ADA applies to private employers with 15 or more employees, state and local governments, employment agencies, and labor unions.
A 'qualified individual' means someone who meets the skill, experience, education, and other job-related requirements—and can perform the 'essential functions' of the position, with or without reasonable accommodation.
An employer may not exclude a person solely because of a disability—unless the disability poses a 'direct threat' to health or safety that cannot be eliminated by accommodation.
Statutory TextNo covered entity shall discriminate against a qualified individual on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.
— 42 U.S.C. § 12112(a) — Discrimination
Statutory TextThe term 'qualified individual' means an individual who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires.
— 42 U.S.C. § 12111(8) — Definitions (incorporated into § 12112)
What to Do
Document your qualifications and how you meet the essential job functions.
If asked about your disability during hiring, you may choose to disclose only what’s relevant to your ability to do the job.
If you believe you were denied employment due to disability, file a charge with the Equal Employment Opportunity Commission (EEOC) within 180 days.
Request reasonable accommodation during the application process if needed (e.g., accessible interview format).
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.