What Information Do I Have To Give My Employer About My Disability?

What Information Do I Have To Give My Employer About My Disability?

Ensuring your rights and responsibilities as an employee with a disability are protected is an essential step in fostering a fair workplace. However, the balance between sharing necessary information and maintaining your privacy can feel delicate. Knowing what you are legally required to disclose to your employer can help you make informed decisions while protecting your interests. At the Law Offices of Jeannette A. Vaccaro PC, we aim to empower employees with disabilities by offering clear guidance on navigating workplace rights.

Employers Cannot Directly Ask If You Have a Disability

Under laws such as the Americans with Disabilities Act (ADA) and California’s Fair Employment and Housing Act (FEHA), employers are prohibited from directly asking you about a disability during the hiring process. Questions like “Do you have a disability?” are illegal, as they can lead to discrimination before you even have the opportunity to demonstrate your qualifications. Instead, employers must focus on your ability to perform essential job functions. Hiring decisions should be based on skills and suitability for the position, rather than assumptions about disabilities.

What You Need to Disclose as an Employee  

While you are not obligated to disclose your disability during job interviews or unless it impacts your ability to perform your role, there are certain circumstances where sharing specific information is necessary. If you are requesting reasonable accommodations for your disability, you will need to provide enough information to substantiate the request. Here’s what you need to share:

1. Proof of Disability for Reasonable Accommodations: If your disability is not immediately obvious (such as in cases of chronic pain or mental health conditions), your employer may request documentation. This proof can come from a medical professional and should outline how your condition affects your ability to perform job duties. Importantly, you are not required to provide your full medical history, only the details relevant to your requested accommodations. 
2. Details of Accommodation Requests: Explain the specific accommodations you need to perform your job effectively. For instance, if you have difficulties with prolonged standing, you can request a stool or seating arrangement. If you struggle with concentration due to a condition, noise-canceling headphones or a quiet workspace may be suitable adjustments. 
3. Connection Between Disability and Request: It’s essential to clearly link your accommodation request to your condition. For example, if you’re requesting flexible work hours due to a disability-related medical condition, your employer has the right to know how this adjustment will help you perform your role.

Privacy Concerns and Protection

It’s important to note that employers are legally obligated to maintain the confidentiality of any disability-related information you provide. This information cannot be shared with other employees unless it directly pertains to workplace adjustments or safety.

Contact An Attorney for Guidance  

Navigating disability disclosures and accommodations in the workplace can be challenging without proper support. At the Law Offices of Jeannette A. Vaccaro PC, we are dedicated to standing up for employees’ rights and ensuring fair treatment under state and federal laws. If you are experiencing workplace difficulties related to your disability, contact us today for comprehensive legal assistance.