KCC Student Career Spotlight: Working with a Disability: Know Your Rights & When to Disclose

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.