To Disclose or Not To Disclose

Jamie Jones, M.S.Ja’Cinta Mixson, Psy.D.

Learning Disabilities SpecialistMoving Forward Workshop April 24th, 2013

Services To Students With Disabilities (SSWD)

Pre Employment Disability Disclosure

• Disclose disability “when you need to request a reasonable accommodation– Workplace barrier that is preventing you, due to a disability, from

competing for a job, performing a job, or gaining equal access to a benefit of employment like an employee lunch room or employee parking”¹

• Americans with Disabilities Act (ADA) Title I “limits an employer's ability to ask disability-related questions or to require medical examinations at three stages of employment: – pre-job offer, – post-job offer, – and during employment”²

¹Dos and don’ts of disclosure, Job Accommodation Network, 2011, pg2; ²Pre-offer, disability-related questions: Dos and don’ts, Job Accommodation Network, 2011, pg2.

Pre-Job Offer Stage• “The best way to determine whether or not you will need

any accommodations on the job is to learn as much as possible about the position for which you are applying” ¹

• You can ask for accommodations throughout the application process.²

• Cannot “directly” ask whether you have a particular disability ³

• Cannot ask questions “closely” related to disability ³• These regulations help minimize applicants being

excluded from a job due to their disability³

¹ Students With Disabilities: Disclosure & The Interview Process, CSUS Career Center Handout ; ²Dos and don’ts of disclosure, Job Accommodation Network, 2011; ³Pre-offer, disability-related questions: Dos and don’ts, Job Accommodation Network 2011.

Source: Pre-offer, disability-related questions: Dos and don’ts, Job Accommodation Network, 2011, pg 3

Job Performance DO DON’T -Are you able to perform the essential function of the job you are seeking, with or without accommodations?

-Do you have any physical or mental impairment that would keep you from performing the job you seek? -What physical or mental impairments do you have that would affect your job performance?

Attendance Requirements DO DON’T -Can you meet our attendance requirements? -How many days were you absent from your last job? -How many Mondays or Fridays were you absent last year on leave other than approved vacation leave?

-How many days were you sick during your last job?

History of Injury DO DON’T -How did you break your leg? -Do you break bones easily?

-Do you expect the leg to heal normally? Drug Use DO DON’T -Are you currently using illegal drugs? -What medications are you currently

taking? -Have you ever used illegal drugs? -How often did you use illegal drugs in the

past? -Have you ever been addicted to drugs? -Have you ever been treated for drug addiction? -Have you ever been treated for drug abuse?

Alcohol Use DO DON’T -Do you drink alcohol? -Have you ever been arrested for driving under the influence of alcohol?

-How much alcohol do you drink? -Have you ever participated in an alcohol rehabilitation program?

Post Job-Offer and During EmploymentAccommodations

Source: Dos and don’ts of disclosure, Job Accommodation Network, 2011 , pg.2

• You can ask for accommodations after the job offer and during your employment

• Employee handbook on how to handle accommodation request

• Equal Opportunity Office (EEO) Office or Human resources (HR)

• Manager and/or Supervisor

Disclosure• “According to the Equal Employment

Opportunity Commission (EEOC), 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.”

• After disclosure your employer can ask for “limited information about your disability and your need for accommodations.”

• Might feel like you are being dishonest if you don’t disclose.

Source: Dos and don’ts of disclosure, Job Accommodation Network, 2011 , pg.2

Disclosure

• “Don’t wait to disclose until after you begin to experience work performance problems.”– Do it before problems occur!

• “It is not necessary to inform coworkers and colleagues about your disability or your need for accommodations.”

• Employer may tell other high level personnel (managers and supervisors) about your disability and medical info “only on a need-to-know-basis.”

Source: Dos and don’ts of disclosure, Job Accommodation Network, 2011 , pg.2

Case Study #1• Jan is a recent graduate interviewing for a

position with the State of California Heath Department. The job description requires her to make visits to local restaurants and evaluate if they are abiding by health code. It also requires Jan provide reports of her findings. Jan has a learning disability that impacts her in the areas of math and memory.

• Should she disclose this to the potential employer at the interview?

• Why or why not?

Case Study #2• Eric recently was promoted in his job. This is great

news, but also a little distressing. The new position requires him to read new local legislation that is passed and inform his boss of any changes that may affect how procedures are followed in his office. Eric has a learning disability that affects his reading rate and comprehension. He has never disclosed this to his boss because it didn’t impact him in his previous position. He feels that he now needs to inform his office of his disability.

• Is it too late?• Why or why not?

Case Study #3

• Stephanie is applying for the Head Chef position at a new restaurant. She is more than qualified for the position. She has worked in several high end restaurants and has always excelled. Although she is hard of hearing, she is fluent at lip reading and is able to hear some sounds. In her past positions she has found that the only accommodation she has needed was to be sure that her co-workers are informed to make sure that when they are speaking to Stephanie they are in front of her or within her sight so she can read their lips.

• When should Stephanie disclose this information?• How would you suggest she go about it?

ANY QUESTIONS????

Resources• CSUS Career Center. Lassen Hall 1013• http://www.gettinghired.com/ • http://www.abilityjobs.com/• http://www.hireds.com/ • https://www.usajobs.gov/ • https://www.caljobs.ca.gov/vosnet/Default.aspx• Job Accommodations Network

http://askjan.org/indiv/index.htm • Work and academic accommodations by disability.

http://askjan.org/soar/index.htm• Info on disclosure of disability in the work place

http://askjan.org/topics/discl.htm

References• CSUS Career Center (2013). Students with Disabilities: Disclosure

& the interview process. url: http://www.csus.edu/careercenter/students/career_counseling/career%20library.stm#handouts

• Job Accommodation Network (JAN, 2011). Dos and don’ts of disclosure. JAN Effective Accommodations Practices (EAP) Series. U.S. Department of Labor Office of Disability Employment Policy. Updated 12/28/11.

• Job Accommodation Network (JAN, 2011b). Pre-offer, disability-related questions: Dos and don’ts. JAN Effective Accommodations Practices (EAP) Series. U.S. Department of Labor Office of Disability Employment Policy. Updated 12/28/11.