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When Should You Reveal Your Disability?
By Lizz Carroll - Oct 15, 2009
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Also read: things not to say, disability, legislation, discrimination, workplace

If you're someone with a non-visible disability, you are entitled to your privacy and are under no obligation to bring it up in the workplace. But are there times when you should tell your employer—particularly if you need an accommodation such as flex time or a specific work environment? DiversityInc spoke to several experts to help you weigh your options and guide you through the process of disclosing a non-visible illness in the workplace.

To Tell or Not to Tell

"Under the law today, there is no duty to disclose unless [you] need a reasonable accommodation," says John D. Kemp, an attorney with Powers Pyles Sutter & Verville and executive director and general counsel for the U.S. Business Leadership Network (USBLN), a national organization that promotes the business imperative of including people with disabilities in the work force. He advises, "If you have a non-visible disability, share it carefully or not at all. It is of maybe no interest or business for the employer to know it if it does not affect your performance or the safety conditions [in the workplace]."

There is another point of view on this. National Organization on Disability (NOD)'s Director of External Affairs Nancy Starnes advises people to be proactive in their communication. "Certainly, if you know that your condition is one that you know is going to come up it's probably a good idea to take the bull by the horns and maintain control of the information flow and disclose it as soon as possible," she says.

When your safety and that of others in the office is an issue, however, it's best to be upfront with your employer. "The law has always allowed for the requirement of the disclosure of disability if safety issues are in play," warns Kemp. "If [employees] fail to disclose when they should have, it is grounds for termination or reassignment."

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The Down Side

Unfortunately, failure to communicate can often lead to damaging misunderstandings about your standing as a successful or productive employee. "Sometimes an employer, if they are not aware of your disability, is going to equate difficulties with performance with the fact that maybe you're not good for the job when the issue is really about needing an accommodation for the disability," says Starnes. "You are the only one, if you have a hidden condition, who can make that distinction for the employer."

Lori Golden is the AccessAbilities leader and inclusiveness consultant at Ernst & Young, No. 3 in The 2009 DiversityInc Top 50 Companies for Diversity. AccessAbilities is an affinity group that provides guidance on and raises awareness of workplace issues affecting people with disabilities. Golden suggests not waiting until it's too late to share your disability with your employer. "If people wait until a disability has negatively affected their performance," she says, "it can be too late to rebuild the relationships and to rebuild the person's reputation."

The Up Side

If you should decide that disclosure is the best choice for you, be sure to include the following items on your checklist before you talk to human resources and/or your supervisor: medical or other documentation that shows a disability exists and possible documentation that shows that the accommodation being requested is reasonable for your condition. Be prepared: Your employer may want it authenticated by the company physician. Also, have a full understanding of your condition; your employer may have a lot of questions for you.

While it may be a bit overwhelming, there can be many positive results of disclosure, including your willingness to find the best work situation for your needs. "Just knowing what's going on in the workplace, coordinating your individual needs with the schedule of output, the goals and objectives of the company, shows that you're part of the team discovering the solution," says Starnes.

Golden adds, "It also has the benefit of building trust. Some degree of openness at some level builds trust with the people you work with. That's really important for everybody but especially important with an individual with a disability because that individual is going to need his or her supervisor and colleagues and organization to collaborate with him in order to literally work around that disability."

While an accommodation is a unique situation, it doesn't mean that the employee involved is adding any less to the company than his or her coworkers. "An accommodation does not mean you change the standards of performance; the bar is not lowered," emphasizes Golden. "Our people with disabilities need to and do perform at the same high-quality level, but they might get the jobs done differently. We find that by harnessing individual differences, we get better work results."

Click here to see The DiversityInc Top 10 Companies for People With Disabilities List.

 

Your opinions and thoughts...
Posted Tuesday Oct 13, 2009 by Guest;
This is such a difficult call! It would help if employers would state up front during an interview that they realize some people have disabilities and that they do whatever they can to accommodate. This would at least open the door for discussion and let the potential employee know it''s safe to talk about it..
Posted Tuesday Oct 13, 2009 by Guest;
Helpful article. So when in the application process should I disclose that I have a significant hearing loss? I have good hearing aids & am being evaluated for the suitability of a cochlear implant. Personally I would not even apply for a job that I didn't believe I was qualified for. But if I disclose before I get to the interview stage, I'm concerned I may not get to the interview, not because I wouldn't be able to do the job, but because of bias. If I don't tell them of the disability, and then they see the hearing aids, or hopefully the cochlear implant, at the interview they may feel I should have told them before hand..
Posted Wednesday Oct 14, 2009 by Guest;
Very Good Article.
Posted Thursday Oct 15, 2009 by Guest;
I have been loosing my hearing since 1990. I am now 50-60% deaf. When I discovered that I had a hearing problem in 1990, I disclosed this to my employer as I thought they needed to know. Plus, being that I worked in an Engineering Firm, I figured the employer would understand and not use my difficulty in hearing against me in terms of communication skills. I was layed off after disclosing my hearing problem and it was attributed to downsizing. These companies are all in the Cleveland Ohio area. Everytime I told a company of my problem, I soon lost my job from the employer. Even though I did good work. Companies don't care. They just want to minimize their risks and having a disabled worker who can't hear must represent someone that can sue the company. I guess they don't want that risk. I have never sued, but maybe I should. I am older and living in poverty because of the unjust treatment I have received from employers because of my hearing impairment. .
Posted Friday Oct 16, 2009 by Guest;
I have fibromyalgia and my absences are not something that can be predicted. I have other health issues such as a herniated disk in my lower back, arthritis in my right knee and cronic pain associaed with these issues and cronic headaches. I am afraid to disclose everything since i am new on the job and want to keep my job. I did disclose that im dyslexic and that seemed to be in question, as they asked if i was "officially diagnosed with dyslexia." I find the whole FMLA system to be so cumbersom, so daunting, i hardly apply for it. Here, we get sick days but if we use them, we are suspected of abusing them. I'm between a rock and a hard place with regard to my health. I just try to rest as much as possible when off work, so i can give my 110% to my employer. I don't think i could disclose more without worrying about how long my carreer would be in this current apointment. it seems the ultra-healthy look down upon us who are afflicated, as if to blame us for our lot in life. as long as i can, i will keep my health issues to myself so that i can continue to work and provide for my family as i have, all these years. Discrimination based on disability and also discrimination based on body size will be one of the last injustices that will take a long time to be corrected. in the mean time, we disabled will continue to live in fear and keep it to ourselves...we have to stay silent to protect ourselves and our precious health benifits...
Posted Tuesday Oct 20, 2009 by Guest;
I really feel for the individual that has fibromyalgia. I too have that dreaded afliction that affects me from my neck to my toes and is so painful sometimes that I can't even cry. I also have ADD, chronic clinical depression and chronic fatigue; and now I'm getting arthritis in my elbows. Some days I just want to totally give up because I don't want to live the rest of my life like this. Due to extreme circumstances I had to tell my boss about my problems and was totally humiliated. I never want to go through that again..
Posted Friday Oct 23, 2009 by Guest;
My company went out of its way to accommodate my strabismus eye issue when a mandated job loan situation came up. They understood I wanted to do the very best job for the company and I could only do that if I was deployed in a loaned position that did not exacerbate my eye condition. Win-win! (Squirrelb8.com).

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