Every job seeker with a disability
must decide: "Should I disclose my disability or not?" This choice
may feel different if your disability is visible or not visible. In the end,
the decision to share this information is entirely yours.
New York City has one
of the strongest civil rights laws in the nation, which outlaws discrimination,
very broadly defined. The New York City Commission on Human Rights has the job
of enforcing that law, as well as educating New Yorkers about our rights.
Anyone who believes they have been a victim of discrimination in New York City
can file a complaint with the Human Rights Commission, which will investigate
and, if cause is found, take legal action.
Federal law protects people
with disabilities from discrimination in employment. You do not have to inform an employer of
your disability when you apply for a job, including if you apply online, or
when you are hired — even if later you need a reasonable accommodation.
The Employment Rights
of Persons with Disabilities
The New York State
Human Rights Law protects individuals from discrimination based on their
disabilities. The Human Rights Law defines a disability as:
•
“a physical, mental or medical impairment prevents the exercise of a normal
bodily function or is demonstrable by medically accepted diagnostic techniques,
or
•
a record of such an impairment, or
•
a condition regarded by others as such an impairment.”
However, the term is
limited to disabilities that, upon the provision of reasonable accommodations,
do not prevent an individual from performing in a reasonable manner the
activities involved in the job or occupation sought or held.
It is unlawful to
discriminate against individuals with a disability in hiring for a job, job
advancement, job training, job compensation, or other terms and conditions of
employment.
It is unlawful for an
employer to take a discriminatory action because of a history of disability or
because of a perception of disability.
It is also unlawful
for an employer to take a discriminatory action in retaliation for filing a
complaint of discrimination.
The New York State
Human Rights Law covers all employers.
Why Disclose in the
Workplace?
When you start working, you need to
tell your employer about your disability if you need special help. In school,
your needs were automatically shared each year, but this changes in the
workplace. The ADA and the Rehabilitation Act protect you from discrimination
and ensure you can get help, but only if you disclose your disability. Your
employer must know about your disability to provide work-related
accommodations.
When to Disclose Your
Disability
There is no single best time or place to talk about your
disability. Choose a private place to talk about it, and give enough time for
the other person to ask questions. Focus on your strengths, not just the
limitations of your disability. Think about the benefits and drawbacks of
sharing this information at different stages of the job search and hiring
process. Decide when to discuss your disability based on what feels right for
you. Consider these stages:
- In
a letter of application or cover letter;
- Before an interview;
- At the interview;
- Before any drug testing for illegal drugs;
- After you have a job offer;
- During your course of employment; or
- Never
To Whom to Disclose Your Disability
Share your disability only with those
who need to know. Give details about your disability and the help you need at
work to the person who can arrange these accommodations. Consider telling your
supervisor, especially if they oversee hiring, promoting, or firing. They need
to know about your needs to support you properly and evaluate your work fairly.
What is the decision
of an employee to disclose their disability to an employer?
Every
job seeker with a disability is faced with the same decision: "Should I or
shouldn't I disclose my disability?" This decision may be framed
differently depending upon whether you have a visible disability or a
non-visible disability. Ultimately, the decision of whether to disclose is entirely up to you.
Disclosure
Protections and Responsibilities
As a person with a
disability, you have disclosure protections as well as significant
responsibilities to yourself and to your employers.
You are entitled to:
·
Have information about your disability treated confidentially and respectfully;
·
Seek information about hiring practices from any organization;
·
Choose to disclose your disability at any time during the employment process;
·
Receive reasonable accommodations for an interview;
·
Be considered for a position based on your skill and merit; and
·
Have respectful questioning about your disability for the purpose of
determining whether you need accommodations and if so, what kind.
You have the
responsibility to:
·
Disclose your need for any work-related reasonable accommodations;
·
Bring your skills and merits to the table; and
·
Be truthful, self-determined, and proactive.
Resources
National
Collaborative on Workforce and Disability for Youth. The 411 on Disability Disclosure: A Workbook for Youth
with Disabilities
National Collaborative
on Workforce and Disability for Youth. The 411 on Disability Disclosure: A Workbook for Families,
Educators, Youth Service Professionals, and Adult Allies Who Care About Youth
with Disabilities
The Job
Accommodation Network (JAN)
https://AskJAN.org
https://www.dol.gov/agencies/odep/publications/fact-sheets/youth-disclosure-and-the-workplace-why-when-what-and-how
https://dhr.ny.gov/disability-employment
https://icsny.org/nyc-bias-disability-discrimination/?gad_source=1&gclid=Cj0KCQjwjLGyBhCYARIsAPqTz19mhJdxXkMG9IQ7ZsiMDHn6VDSflGBmYgNpVOvoKBFGTr_xTpNs7W8aAmvkEALw_wcB
https://travel.state.gov/content/dam/visas/LegalRightsandProtections/Wilberforce/Wilberforce-ENG-100116.pdf
By: Taras I. (career peer)
