Employers are in violation of federal law if they terminate an employee for not disclosing a disability during a job interview or waiting until being hired to ask for an accommodation. Under the Americans With Disabilities Act, an employer is prohibited from penalizing an employee for not raising issues of disability and reasonable accommodation during the hiring process because he or she is not legally required to divulge that information. If an employee is subject to an adverse employment action on the basis of a disability, the employer is vulnerable to an employment discrimination lawsuit.