Disclosure
Disclosure: Should I or Shouldn’t?
One of the most important decisions you will make is whether or not to tell someone in your workplace about your disability. Many questions and concerns may cross your mind such as:
Should I tell?
• 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 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 do I disclose?
Approaching your employer for an accommodation should be well thought out.
Disclosing at the initial stage:
• You might choose to disclose you 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:
“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:
• You are not obligated to disclose before you’ve been offered, and formally accepted, a job. Many choose to wait until this stage to disclose.
• Come prepared to present your need in the most confident and knowledgeable manner. Always remember that 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 you employer is unaware of how your disability is impacting your work, your difficulties could be perceived as performance issues
How much do I tell?
• Effective disclosure occurs when you are knowledgeable about your disability and able to discuss both your needs and your skills and abilities clearly
• You only need to let them 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 other 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 and this should be kept in a separate file
• It is ideal 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
What are my responsibilities after I disclose?
After disclosure you are responsible for:
• Co-operating 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 timely way
• Fund any accommodation costs, unless there is an undue hardship to the employer
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)
If you have any questions regarding disclosure please do not hesitate to contact CPA Employment Services at 416-422 -5644, ext.245.