Denied a Job Because of Disability in Missouri? What Can You Do?

Job Denied Due to Disability in Missouri? Know Your Rights and What to Do

Facing a job denial can be disheartening, but when you suspect it's because of a disability, it's not just a setback—it could be illegal discrimination. In Missouri, both federal and state laws protect individuals with disabilities from unfair treatment in employment, including during the hiring process. This article will equip you with the knowledge to understand your rights, identify potential discrimination, and take concrete steps if you believe you've been unfairly denied a job due to a disability.

Understanding Your Legal Protections: ADA vs. MHRA

In Missouri, job applicants are protected by two primary laws:

• 📜 The Americans with Disabilities Act (ADA)
• ⚖️ The Missouri Human Rights Act (MHRA)

While both aim to prevent disability discrimination, the MHRA often provides broader protections and applies to a wider range of employers. It's crucial to understand the nuances of each:

The Americans with Disabilities Act (ADA)

The ADA is a federal law that prohibits discrimination against qualified individuals with disabilities in all aspects of employment. It applies to employers with 15 or more employees.

• 🤝 What it does: Requires employers to provide reasonable accommodations to qualified individuals with disabilities unless doing so would cause undue hardship.
• 🚫 What it prohibits: Discriminatory practices in job application procedures, hiring, firing, advancement, compensation, training, and other terms and conditions of employment.

The Missouri Human Rights Act (MHRA)

The MHRA is Missouri's state law offering similar, and in some cases, stronger protections than the ADA. A significant difference is that the MHRA applies to employers with 6 or more employees, covering many smaller businesses not reached by the ADA.

• 🌟 Broader Definition: The MHRA's definition of "disability" can sometimes be broader than the ADA's, making it easier for some individuals to qualify for protection.
• 💪 Stronger Remedies: As we'll discuss later, the MHRA can offer more robust compensation options in successful claims.

What Constitutes a "Disability" Under the Law?

Both laws protect individuals who meet specific criteria for having a disability. Generally, a "disability" means:

• 🧠 A physical or mental impairment that substantially limits one or more major life activities (e.g., walking, seeing, hearing, thinking, working, caring for oneself).
• 📋 A record of such an impairment (e.g., someone with a history of cancer that is now in remission).
• 🤔 Being "regarded as" having such an impairment (e.g., an employer denies you a job because they assume your visible scar will limit your ability to work, even if it doesn't).

The MHRA has been interpreted by Missouri courts to be quite broad, often requiring a lower threshold to show an impairment than federal law. This is a critical point for job applicants in Missouri.

Are You a "Qualified Individual"?

To be protected, you must be a "qualified individual with a disability." This means you can perform the essential functions of the job, either:

• ✅ With or without reasonable accommodation.

The "essential functions" are the fundamental job duties that an individual must be able to perform. They do not include marginal tasks. When evaluating this, an employer should consider:

• 📜 The employer's judgment about which functions are essential.
• ✍️ Written job descriptions prepared before advertising or interviewing applicants.
• 💼 The amount of time spent performing the function.
• ⚙️ The consequences of not requiring the incumbent to perform the function.

The Importance of "Reasonable Accommodation"

A "reasonable accommodation" is any modification or adjustment to the work environment or the way things are usually done that enables an individual with a disability to enjoy equal employment opportunities. Examples include:

• ⏰ Flexible work schedules or modified break times.
• 🪑 Modifying equipment or providing assistive devices.
• 💻 Making workplaces accessible (e.g., ramps, accessible restrooms).
• 🔄 Restructuring job duties (removing non-essential functions).
• 📚 Providing qualified readers or interpreters.
• 🚀 Reassignment to a vacant position (if no other accommodation is possible).

Employers are generally required to provide reasonable accommodations unless doing so would cause "undue hardship," meaning significant difficulty or expense. This is a high bar for employers to meet.

When Does a Job Denial Become Discriminatory?

It's not always obvious, but here are key scenarios where discrimination might occur:

1. Pre-Offer Medical Inquiries: An employer generally cannot ask about a disability or require a medical exam before making a job offer. Questions about your ability to perform job-related functions are usually permissible, but these must be job-related and consistent with business necessity.
2. Post-Offer Medical Exams: After a conditional job offer is made, an employer can require a medical exam or ask disability-related questions, but only if all entering employees in the same job category are required to do so. If the exam reveals a disability, the job offer can only be withdrawn if the disability prevents you from performing the essential functions of the job, even with reasonable accommodation, or poses a direct threat to safety.
3. Failure to Engage in the Interactive Process: If you disclose a disability and potential need for accommodation, the employer has a duty to engage in a good-faith "interactive process" to discuss possible accommodations. Denying a job without this discussion, or without considering obvious accommodations, can be discriminatory.
4. Stereotypes and Assumptions: Denying a job based on assumptions about what someone with a particular disability "can't do" rather than an individualized assessment of their actual abilities is illegal.

Hypothetical Scenarios in Missouri

Hypothetical Case 1: The "Visible Disability" Disadvantage

Sarah, an experienced accountant in St. Louis, uses a wheelchair. She applies for an accounting position. During her interview, which goes very well, she notices the hiring manager, Mark, repeatedly glancing at her wheelchair. At the end of the interview, Mark says, "This role requires a lot of collaboration and moving between offices. I'm just not sure it's the right fit." He makes no mention of reasonable accommodation or exploring how she would navigate the office. Sarah is later denied the job, despite being highly qualified. The company's written job description doesn't list "frequent movement between offices" as an essential function, and several offices are already ADA compliant.

• Legal Principle: This could be a case of disability discrimination under both the ADA and MHRA, as the employer appears to have made assumptions about Sarah's ability based on her wheelchair, failed to engage in an interactive process, and potentially denied her the job based on non-essential functions or a perceived inability without considering accommodation.

Hypothetical Case 2: Post-Offer, Pre-Employment Disclosure

David, an IT specialist in Kansas City, receives a conditional offer of employment from a tech company. The offer is contingent upon a successful pre-employment medical exam. During the exam, David discloses he has Type 1 Diabetes, which is well-managed with insulin. The company's doctor notes this, and the company later rescinds the offer, stating, "Due to the nature of the work, we have concerns about potential health complications impacting performance." David's diabetes does not affect his ability to perform the essential IT functions, nor does it pose a direct safety threat. The company did not discuss any potential accommodations with him.

• Legal Principle: This scenario likely violates both the ADA and MHRA. An employer can only withdraw a conditional offer if the disability poses a direct threat or prevents the individual from performing essential job functions even with reasonable accommodation. The company made a blanket assumption without an individualized assessment or considering accommodation.

Hypothetical Case 3: "Regarded As" Disabled

Maria applies for a customer service role in Springfield, Missouri. During a casual conversation in the interview, she mentions having recently recovered from a severe concussion sustained in a car accident. She assures the interviewer she is fully recovered and cleared by her doctor, with no lingering issues. The interviewer, however, seems hesitant after this disclosure. Maria is denied the job, with the feedback being "not a good fit." Maria learns later that the interviewer expressed concerns to HR that she might "not be able to handle stressful customer interactions" or "might need too many breaks" due to her past concussion, even though she showed no current limitations.

• Legal Principle: This is a classic "regarded as" disabled case. Even though Maria may not currently have an impairment substantially limiting a major life activity, the employer perceived her as having one and made an adverse employment decision based on that perception. This is illegal under both federal and state law.

Steps to Take If You Believe You Were Denied a Job Due to Disability

If you suspect discrimination, swift and strategic action is key:

1. 📝 Document Everything:
   • 🗓️ Keep a detailed timeline of events: application date, interview dates, specific comments made, date of denial.
   • 📧 Save all communications: emails, texts, job descriptions, application materials.
   • ✍️ Jot down names of everyone involved and what they said.
2. 🔎 Review the Employer's Stated Reason:
   • Did they give a reason for the denial? Does it seem legitimate, or does it contradict earlier feedback or your qualifications?
   • Was the reason related to your disability or a perceived inability to perform the job?
3. 💬 Consider Asking for Feedback (Carefully):
   • Sometimes, asking for specific feedback on why you weren't hired can reveal discriminatory intent, though employers are often coached to avoid such admissions.
   • Proceed with caution; if you suspect discrimination, consulting an attorney first is often wise.
4. 📞 Consult an Experienced Employment Attorney in Missouri:
   • This is often the most critical step. An attorney can evaluate your case, advise you on the strength of your claim, explain your options, and help you navigate the complex legal process.
   • They can help you understand whether ADA, MHRA, or both apply to your situation.
5. 🏛️ File a Charge of Discrimination:
   • To pursue a legal claim, you typically must first file a charge with either the Equal Employment Opportunity Commission (EEOC) for ADA claims or the Missouri Commission on Human Rights (MCHR) for MHRA claims.
   • An attorney can assist with this filing, ensuring it is accurate and timely.

Common Mistakes to Avoid

• ⏰ Missing Deadlines: The statutes of limitations are strict (see below). Don't delay!
• 🚫 Not Documenting: Without a clear record, your claim becomes much harder to prove.
• 🗣️ Over-Disclosing Prematurely: You are generally not required to disclose a disability unless you need an accommodation for the application process. Be strategic with when and how you disclose.
• ⚖️ Trying to Handle It Alone: Employment law is complex. An attorney provides invaluable guidance and representation.
• 🔥 Acting on Emotion: While understandable, making rash decisions or confronting the employer aggressively can harm your case.

Potential Compensation in Missouri Disability Discrimination Cases

If you succeed in a disability discrimination claim related to job denial in Missouri, you may be eligible for various types of compensation, which can vary significantly depending on the facts of the case, the employer's size, and the specific laws violated (ADA vs. MHRA). Damages are intended to make you "whole" again, as if the discrimination never occurred.

• 💰 Back Pay: Lost wages and benefits from the date of the discriminatory denial up to the date of judgment or settlement. This includes salary, bonuses, health insurance, and other perks you would have received.
• 📈 Front Pay: Future lost wages and benefits if reinstatement is not feasible or desired, typically calculated for a reasonable period until you find a comparable job.
• 😔 Emotional Distress/Pain and Suffering: Compensation for mental anguish, humiliation, and other non-economic damages caused by the discrimination. Awards for emotional distress in Missouri can range from modest amounts ($10,000-$50,000 in typical settlements) to substantial sums ($100,000-$500,000+) in jury verdicts, especially in egregious cases.
• punitive damages. These are awarded to punish the employer for particularly egregious or malicious conduct and to deter others.
  • Under the ADA, punitive damages are capped based on employer size (e.g., $50,000 for employers with 15-100 employees, up to $300,000 for employers with 501+ employees).
  • Under the MHRA, there are no caps on punitive damages for smaller employers (those with fewer than 100 employees). This can lead to very significant awards in Missouri state court for severe cases, sometimes reaching into the millions.
• ⚖️ Attorney's Fees and Costs: If you prevail, the court may order the employer to pay your reasonable attorney's fees and litigation costs.

Compensation Range Note: Settlements for job denial cases can range from tens of thousands of dollars to several hundred thousand, depending heavily on the specific facts, the strength of the evidence, the employer's willingness to settle, and the severity of emotional and financial harm. Jury verdicts, particularly under the MHRA with its uncapped punitive damages for smaller employers, can occasionally reach millions in high-profile or extremely egregious cases, though such large awards are rare and highly dependent on unique circumstances. It is impossible to predict an exact outcome without a thorough review of your specific situation.

Key Deadlines You Cannot Miss

These deadlines are strict and are often referred to as "statutes of limitations." Missing them can permanently bar your claim.

• 🗓️ 180 Days: For claims under the Missouri Human Rights Act (MHRA), you generally have 180 days from the date of the discriminatory act (the job denial) to file a charge with the Missouri Commission on Human Rights (MCHR).
• 🗓️ 300 Days: For claims under the Americans with Disabilities Act (ADA), you generally have 300 days from the date of the discriminatory act to file a charge with the Equal Employment Opportunity Commission (EEOC).

It's important to remember that filing with one agency (MCHR or EEOC) can often "cross-file" with the other through a work-sharing agreement, but it is best to consult with an attorney to ensure proper and timely filing with both, if appropriate for your case.

Legal Warnings and Risks

• 🛡️ Employer Defenses: Employers will often have defenses, claiming non-discriminatory reasons for the denial (e.g., "better qualified candidate," "lack of experience"). Your attorney will need to anticipate and counter these arguments.
• 💸 Cost of Litigation: While many employment attorneys work on a contingency fee basis (meaning they only get paid if you win), litigation can be a long and emotionally taxing process.
• 🚨 Retaliation: It is illegal for an employer to retaliate against you for asserting your rights. However, the fear of future retaliation can be a concern for some individuals.
• ⚖️ Burden of Proof: The burden is on you, the applicant, to prove that discrimination occurred. This often requires strong circumstantial evidence.

Don't Let Discrimination Go Unchallenged

Being denied a job due to a disability is not just unfair; it's against the law. In Missouri, you have strong protections designed to ensure equal opportunity in employment. If you believe your disability played an illegal role in a job denial, don't hesitate to seek legal guidance. An experienced Missouri employment law attorney can help you understand your rights, evaluate your case, and guide you through the process of seeking justice.

Disclaimer: This article provides general information about disability discrimination in employment law in Missouri and is not intended as legal advice. Laws are complex and constantly evolving, and individual situations vary. You should consult with a qualified employment law attorney for advice tailored to your specific circumstances. The information provided herein does not create an attorney-client relationship.