SHOULD DISABILITY BE DISCLOSED TO A POTENTIAL EMPLOYER?
BY LAUREN AGORATUS, M.A.
Most individuals with disabilities want to work. However, only 33.6% were employed in 2019, vs. 77.3% of nondisabled peers.1 Students with disabilities may be unaware of their rights upon entering the workforce. Protections and rights in a school climate no longer apply. However, there are employment laws in place for individuals with disabilities.
PROTECTIONS UNDER ADA AND THE REHAB ACT
The ADA (Americans with Disabilities Act) and the Rehabilitation Act cover workplace protections. There are also protections in postsecondary education. The definition of disability under the ADA includes physical/mental impairment that "substantially limits" one or more major life activities; record of impairment; and perception by others as having an impairment.
1. dol.gov/agencies/odep/publications/statistics
EMPLOYEES DON'T HAVE TO DISCLOSE
It is important for students to know that they do not have to disclose their disability. According to the 411 Workbook on Disability Disclosure, "When you disclose, you are intentionally releasing personal information about yourself for a specific purpose." The individual's disability is "only important if it affects… your ability to perform the essential functions of a job."
BUT, EMPLOYERS DON'T HAVE TO PROVIDE ACCOMMODATIONS UNLESS THE DISABILITY IS DISCLOSED
Employers cannot provide reasonable accommodations if they aren't informed about the employee's disability. "In general, an accommodation is any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities."2 The 411 workbook suggests discussing "the environment, supports, and services you'll need in order to access, participate in, and excel in your job, studies, and community." Employers cannot ask if an individual has a disability, or use tests, unless measuring job skills, to screen out people with disabilities, but can ask about an individual's ability to perform a job. Some examples of workplace accommodations are using computer software, changing a workstation to be accessible, or providing readers/interpreters.
2. 3. 29 C.F.R. pt. 1630 app. § 1630.2(o) (1997).
IMPORTANT CHOICES: According to the 411 Workbook on Disability Disclosure, it's important to remember that accommodations in the workplace are only provided when a worker discloses his or her disability and requests job accommodations.
MAKING THE DECISION WHETHER TO DISCLOSE
The Job Accommodation Network has some useful tips to help make the decision on whether or not to disclose a disability.
➢ Do disclose if accommodations are needed. Again, an employer cannot accommodate an individual if s/he is unaware of the disability.
➢ Know Who to Disclose to. Find out who is responsible for accommodations.
➢ Know How to Disclose. "You only have to let your employer know that you need an adjustment or change at work for a reason related to a medical condition."
➢ Don't disclose too early. Wait until after the initial interview but…
➢ Don't disclose too late. Don't wait until there are problems with job performance.
➢ Not everyone needs to know. Only supervisors need to be aware of the disability; coworkers do not need to know why and employers must keep the information confidential.
Advantages of disclosure in the 411 workbook include allowing reasonable accommodations as discussed above, and legal protection against disability discrimination. Some disadvantages of disclosure could be misperception of inability to perform job duties so being treated differently.
TIMELINES FOR DISCLOSURE
According to the U.S. Department of Labor, there are many steps throughout the employment process during which to decide to disclose. These include:
• In a letter of application or cover letter;
• Before an interview (only if accommodations are needed for the interview);
• At the interview;
• In a third-party phone call or reference (e.g. One Stop Career Centers);
• Before any drug testing for illegal drugs;
• After you have a job offer;
• During your course of employment; or (it is the responsibility of the individual)
• Never (if the individual can perform the job without accommodations).
Again, if accommodations are necessary, it is important not to disclose too soon before a hiring decision is made. However, it is equally important not to wait until the disability adversely affects performance of the job duties. The most important thing to remember is individuals with disabilities want to be chosen for a job because of their capacities, not their incapacities.
In disclosing a disability, the following would be most helpful to an employer:
✓ How the disability affects the ability to perform job tasks;
✓ Types of accommodations that have worked in the past;
✓ Types of accommodations that are anticipated to be needed in this workplace.
Students with disabilities entering the workplace must remember that it is their responsibility to disclose their disability and request accommodations if they are needed. Employers cannot meet the needs of employees with disabilities if the employer is unaware of those needs. In this way, more students with disabilities can successfully participate in the workplace, increasing their independence.•
ABOUT THE AUTHOR:
Lauren Agoratus, M.A. is the parent of a young adult with multiple disabilities. She serves as the State Coordinator for Family Voices-NJ and as the central/southern coordinator in her state's Family-to-Family Health Information Center. FVNJ and F2FHIC are both housed at the SPAN Parent Advocacy Network (SPAN) at spanadvocacy.org
WE CAN WORK IT OUT : DISABILITY DISCLOSURE RESOURCES
CENTER FOR PARENT INFORMATION AND RESOURCES Disability Disclosure Video THE 411 ON DISABILITY DISCLOSURE Student Workbook parentcenterhub.org/disability-disclosure-video
RAISE TRANSITION TA CENTER WEBINAR Disability Disclosure Decisions JOB ACCOMMODATION NETWORK (JAN) Disability Disclosure Tips raisecenter.org/webinar-disability-disclosure-decisions
U.S. DEPARTMENT OF LABOR Disclosure in the Workplace STUDENT TRANSITION TENNESSEE dol.gov/agencies/odep/publications/fact-sheets/youth-disclosure-and-the-workplace-why-when-what-and-how
THE 411 ON DISABILITY DISCLOSURE Student Workbook parentcenterhub.org/disability-disclosure-video ncwd-youth.info/wp-content/uploads/2016/10/411_Disability_Disclosure_complete.pdf
JOB ACCOMMODATION NETWORK (JAN) Disability Disclosure Tips raisecenter.org/webinar-disability-disclosure-decisions askjan.org/topics/Disability-Disclosure.cfm Talking about Disability Disclosure choosework.ssa.gov/blog/2018-07-16-talking-about-disability-disclosure
STUDENT TRANSITION TENNESSEE Student Learning Module on Disability Disclosure transitiontn.org/student/work/needs-and-rights/disability-disclosure