Do you have to disclose a disability at work?

On Behalf of | Aug 27, 2021 | Employment Law |

Living with a disability can be frustrating and difficult to deal with sometimes. Fortunately, not all disabilities have a major impact on your ability to complete certain kinds of work.

If you’ve applied for a role in which your disability shouldn’t make a difference, then you should know that you don’t necessarily need to disclose that you have a disability on your application or when you speak with the employer. Unless you have the need for reasonable accommodations in the workplace, your disability should play no role in the hiring process.

When can an employer ask about your disability?

Employers are allowed to ask about your disability in a few cases. For example, if they have made you a conditional job offer, they may go on to ask if your disability could influence the way you work or hinder your ability to do the same work as others in the workplace.

Is it more honest to disclose your disability before a job interview?

This is a decision you can make for yourself. If your disability won’t influence your work, then there is really no reason why you should have to disclose it before getting a conditional job offer. However, if you feel that it’s important to disclose it, you can. The employer should not hold that disability against you or refuse to give you the job due to that disclosure. If you do want to seek out reasonable accommodations to do your work, then you should disclose the disability and discuss it with the employer.

Remember that you can also ask for a reasonable accommodation at any time during your employment, so even if you don’t disclose a disability before you’re hired, you can always request support later. This may be a good idea for those who aren’t sure if they will need accommodations and who would prefer to keep their disabilities private.

Employers cannot discriminate against you due to having a disability. If you disclose a disability and are not hired because of your disability, you may be in a position to seek legal support and hold the employer responsible for discrimination.

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