Disclosure
One of the most important decisions you will make is whether or not to tell someone about your disability (disclosure). Some typical questions asked by our clients include the following:
Should I?
- The decision to disclose the disability belongs solely to the person with the disability.
- If you have a disability, you are not required to disclose the details of your disability at work.
- Consider the primary tasks and requirements of your job and assess if there are any areas where you require accommodation (e.g. assistive technology, flexible hours).
- If you feel you need an accommodation at work to be successful, it is up to you to let someone know about your needs. Consider that you need to give the employer an opportunity to provide you with what you need to be successful in the job.
What are the advantages of disclosing to the employer?
- Allows you to receive reasonable accommodations
- Provides a clearer impression of what kinds of expectations the employer may have of you and your abilities
- Improves your self image through self advocacy and increases your comfort level
When?
Approaching your employer for an accommodation should be well thought out.
Disclosing at the initial stage:
- You might choose to disclose your disability at the initial stage while applying for the job.
- You can do so in the cover letter or application form if the potential employer states that they welcome applications from persons with a disability. In this case, you might use the following opening line:
- “I understand that you welcome applications from individuals with a disability. As such, I would like to be considered for the position of _________.”
After you’ve been offered a job:
- Come prepared to present your need in the most confident and knowledgeable manner. Remember, you are a talented, loyal asset to the employer and most progressive employers will welcome the meeting and the chance to accommodate.
- The longer you wait, the more stressful and negative your work situation may become.
- If your employer is unaware of how your disability is impacting your work, your difficulties could be perceived as performance issues.
How much?
- Effective disclosure occurs when you are knowledgeable about your ability and able to discuss both your needs and your skills and abilities clearly.
- You only need to let the employer know that you are requesting an accommodation and what your needs are.
- You do not need to tell your employer your diagnosis or the specifics of your injury, or any details about your disability.
Who should I disclose to?
- This will vary depending on the size and structure of your company as well as your comfort level and trust with your managers and supervisors.
- Human Rights Code standards say that only the Human Resources (HR) department should be aware of, or hold any documentation of, your medical or personal information. This should be kept in a separate file.
- It is optimal to disclose to HR, but if this is not an option you should talk to the person who performs HR functions, such as hiring, in your company.
- Unless there are safety concerns, your immediate supervisor needs to be aware of the details of the accommodation if they are directly involved.
- If any details of your disability have been shared with HR, your supervisor generally is not informed.
After disclosure you are responsible for?
- Cooperating in obtaining necessary information
- Participating in discussions about solutions
- Working with the other parties on an ongoing basis to manage the process
Your employer is required to:
- Accept accommodation requests in good faith
- Request only information required to make accommodation
- Obtain expert advice where necessary
- Bear the cost of any required medical information or documentation
- Maintain confidentiality of persons with disabilities
- Take an active role in ensuring possible solutions are examined
- Deal with accommodation requests in a time way
- Fund any accommodation costs, unless undue hardship*
Undue hardship describes the limit, beyond which employers and service providers are not expected to accommodate. Undue hardship usually occurs when an employer or service provider cannot sustain the economic or efficiency costs of the accommodation.
There is no formula for deciding what costs represent undue hardship and there is no precise judicial definition of “undue hardship.” However, remember that “undue hardship” implies that some hardship may be involved in the duty to accommodate.
Employers and service providers are expected to exhaust all reasonable possibilities for accommodation before they can claim undue hardship. (Canadian Human Rights Commission)
Questions?
If you have any questions regarding disclosure, in Ontario contact the Canadian Paraplegic Association (CPA) Employment Services at 416-422-5644, ext. 245. For residents outside of Ontario, contact your provincial CPA office. For contact information, visit
www.canparaplegic.org