DISCLOSURE DISCUSSION: HOW DO I KNOW WHEN OR IF IT IS OK TO ASK ABOUT A DISABILITY?

"Under the ADA, an employer must provide reasonable accommodations to the known physical and mental limitations of a qualified applicant or employee with a disability. It is important to remember that employers do not have to provide accommodations for disabilities that they do not know about." (Baum, et al., 2004). Individuals can disclose their disability during any point in the interview and employment process, even after they begin work.

An employer only has to provide reasonable accommodations after gaining the knowledge about the disability.

It can be difficult and confusing for employers to understand what their roles and responsibilities are to both the employee and your business. As an employer, you may be faced with an employee disclosing their disability to you or you may suspect someone has a disability but the employee does not disclose to you.

The decision for an employee to disclose their disability to you as an employer is a personal choice for people with disabilities. Disclosure is an individual decision.

When applying for a position, a person with a disability may choose to disclose their disability in their resume or letter of application. They may also disclose their disability when a job interview is being organized, during the interview, after the job offer is made, when they are in the work environment or not at all.

It is important to note that there is no legal obligation for an employee to disclose their disability unless it is likely to affect their performance to meet the essential functions of the job. Disclosure of disability becomes relevant to both the employee and employer when negotiating job accommodations to enable the essential functions of the position to be met.

It is important to remember that disclosure of disability is not the central issue of concern in the process of recruitment and employment for people with disabilities. As with all steps in the employment process, the emphasis should be on the skills and qualities of the employee and not on issues that may have no bearing on whether the employee can do the job well.

 

Why Would Employees with Disabilities Choose Not to Disclose?

 Toggle open/close quiz question

A person with a disability may choose not to disclose their disability to you as an employer.  Select the best answer.
    a.They have a fear of being, or have been, discriminated against
    b.They fear that the employer will focus on their disability and not their abilities
    c.They believe that their disability will not affect their ability to perform the essential functions of the job
    d.They fear other employees will treat them differently or negatively because of their disability
    e.All of the above

 


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