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Disclosure is a choice you make about whether to tell another person or institution about your disability. This fact sheet has been developed to assist job seekers and employees make a decision about disclosure.
It is important to consider: - whether you are required to disclose your disability
- reasons for and against disclosure
- how you will disclose and the timing of your disclosure
- your rights to privacy
- your rights at work. Are You Required to Disclose Your Disability?
There is no legal obligation for an employee to disclose their disability, unless it is likely to affect their ability to meet the inherent requirements of the job. The inherent requirements of the job are tasks that must be carried out in order to get the job done. Not all of the requirements of a job will be inherent and the focus should be on achieving results rather than the means for achieving those results. For example, if you, as an employee, are required to record the minutes from meetings but have a physical disability that prevents you from doing so, you may be able to record the information on a Dictaphone and then transcribe. Taking shorthand is therefore not an inherent requirement of the job because the job can be done another way. Things to Consider
There are reasons for and against disclosure. Reasons for:
It generates trust and an open relationship with an employer and
allows you to discuss the most effective workplace adjustment strategies.
If your disability is obvious you can deal with misconceptions and show how working with a disability can be “business as usual.”
If there is a crisis related to your disability it may be difficult to implement work related adjustments quickly unless you have disclosed your disability.
If the disability impacts on your job, an employer may perceive this as poor work performance.
If the disability could reasonably be seen to cause a health and safety risk for other people in the workplace, failing to disclose that risk could be a breach of your obligations under the Occupational Health and Safety Act. Reasons against:
You may not be able to anticipate an employer’s reaction.
Your disability may have no effect on your ability to do the job and is therefore not necessary to disclose.
You may be judged by your disability, not your ability and denied opportunities in employment.
It may provoke unnecessary curiosity, concern and insensitive questions. Tips for Effective Disclosure
Be clear and matter of fact about why you are disclosing and your desired outcomes from doing so.
Be knowledgeable about your disability.
Discuss symptoms, impact in the workplace and side effects of any medication.
Provide some options and strategies for workplace adjustment to make it easy for an employer. If your disability is obvious you may wish to anticipate concerns and answer those specifically:
For example: "We have not discussed my disability or how it might impact on the job. I notice as a sales job, that this job involves some driving. I have my own car and have been driving for ten years so this will be no problem." Timing of Disclosure
Timing of disclosure is important and there are reasons for and against at various stages of the recruitment process. The University of Western Sydney has a comprehensive guide on when to disclose and how to do so effectively. Disclosing Information to Other Parties
If you choose to disclose, your employer is required to keep all information confidential.
The employer must get your written consent to share your information.
State and federal privacy legislation require organisations to protect all confidential personal information, including information about an individual’s disability. It is appropriate for an employer to inform you about the organisation’s procedures in the collection, use and protection of all confidential material.
Organisations are required by law to respect your right to privacy. Your Rights
It is unlawful to discriminate against a person with a disability. Employers are also required to provide safe and harassment free workplaces. Related hyperlinks:
Human Rights and Equal Opportunity Commission
http://www.humanrights.gov.au
Choosing Your Path - Disclosure: It’s a Personal Decision
http://sites.uws.edu.au/rdlo/disclosure/index.htm |
