Table of Contents
- Can an Employer Rescind a Job Offer Because of a Disability?
- What Are Your Protections Under Federal Law (ADA)?
- What Are Your Rights in DC, Virginia, and Maryland?
- What This Means for Employees
- What Should You Do if a Job Offer Was Rescinded?
- Contact an Employment Lawyer
An employer extends a job offer. The candidate accepts. Then, after the employer learns the candidate has a disability, the offer is withdrawn. This situation arises more often than many people realize, and in Washington, DC, Virginia, and Maryland, it raises serious legal concerns.
Can an Employer Rescind a Job Offer Because of a Disability?
No. Federal and state laws prohibit employers from rescinding job offers simply because an applicant has a disability. The Americans with Disabilities Act (ADA) and local laws in DC, Virginia, and Maryland are designed to protect individuals from this exact type of discrimination.
Disabilities under the law are defined broadly and include a wide range of physical and mental conditions, such as:
•Mobility impairments
•Chronic illnesses (cancer, diabetes, epilepsy)
•Sensory or neurological conditions
•Autoimmune disorders
•Mental health conditions
The law protects individuals whose conditions may affect major life activities, even if the effects are episodic, managed with treatment, or not immediately visible.
What Are Your Protections Under Federal Law (ADA)?
Under the ADA, employers with 15 or more employees may not discriminate against qualified individuals with disabilities at any stage of employment, including hiring. A candidate is considered qualified if they can perform the essential functions of the job, with or without a reasonable accommodation.
An employer may only rescind a job offer based on medical information in very limited circumstances. They must be able to show with objective evidence that:
1.The individual cannot perform the essential functions of the job, even with accommodation; OR
2.The individual would pose a direct threat to health or safety that cannot be eliminated through accommodation.
Assumptions, stereotypes, or generalized concerns about a diagnosis are not lawful reasons to withdraw an offer.
What Are Your Rights in DC, Virginia, and Maryland?
Protections for employees are even stronger in our local area:
| Jurisdiction | Key Protections |
| Washington, DC | The DC Human Rights Act applies to all employers, regardless of size. It prohibits rescinding offers due to disability and requires reasonable accommodations. |
| Virginia | The Virginia Human Rights Act makes it unlawful for covered employers to refuse to hire an otherwise qualified individual because of a disability. |
| Maryland | The Maryland Fair Employment Practices Act prohibits denying employment opportunities because an accommodation may be needed. |
What This Means for Employees
If you have a disability, you are protected from discrimination during the hiring process. An employer cannot simply change their mind after making an offer because they learn about your medical condition. They have a legal duty to assess your ability to do the job and must consider providing a reasonable accommodation.
Even if you don’t meet the technical definition of having a disability, the ADA protects you if an employer regards you as having one. Acting on fear, bias, or misunderstanding about a condition is illegal.
What Should You Do if a Job Offer Was Rescinded?
If you believe a job offer was rescinded because of your disability, you have legal options. You can file a complaint with the Equal Employment Opportunity Commission (EEOC) and, depending on your location, with state or local human rights agencies like the DC Office of Human Rights.
Potential remedies can include:
•Reinstatement of the job offer
•Back pay for lost wages
•Compensatory damages
•Attorneys’ fees
Contact an Employment Lawyer
Navigating disability discrimination laws can be complex. If an employer has withdrawn a job offer after you disclosed a disability, it is crucial to speak with an experienced employment lawyer to understand your rights. Contact us today for a free, confidential consultation.
