Disclosing Your Disability to an Employer - Boston University Center for Psychiatric Rehabilitation (2024)

Only you can decide whether and how much to tell your employer about your psychiatric or mental health condition. Telling your employer about your diagnosis is the only way to protect your legal right to any accommodations you might need to get or keep a job. However, revealing your disability may subject you to discrimination which could limit your opportunities for employment and advancement.

Disclosure is a complex decision andshould be madewith care.Here’swhat you might want to think about:

Preparing to Disclose

1. Determine whether you need help from your therapist or a mental health agency to:

  • Initiate contact or arranging an interview with the employer
  • Interview for a job
  • Describe your disability
  • Negotiate the terms of employment
  • Negotiate accommodations

2. Identify any potential accommodations you might need during the hiring process or on your first day of work. Accommodations are changes in the work tasks or environment that can help you overcome any limitations imposed by your condition.

3. Explore your feelings about having a psychiatric or mental health condition and about whether you wish to share that information with others. Remember, no one can force you to disclose if you don’t want to.

4. Research potential employers’ attitudes toward psychiatric or mental health conditions, and, if you can, screen out unsupportive employers.

  • Have they hired someone with a psychiatric disability before? What positive or negative experiences have they had in employing someone with a psychiatric or mental health condition? Do they show signs (on their website, in newsletters, posted notices, employee education programs about mental health issues, etc.) of encouraging a diverse workforce? Do they seem to have a corporate culture that favors flex time, mentoring programs, telecommuting, flexible benefit plans, and other programs that help employees work efficiently and well?
  • Does the job have certain requirements (e.g.,child care, high security, some government positions) that would put you at a disadvantage if you disclosed your diagnosis?

5. Weigh the benefits and risks of disclosure.

  • Do you need to involve an outside agency to get or keep the job? Do you need accommodation or other employer support? When will you need this accommodation? Do other people in the company need similar accommodation?
  • How stressful will it be for you to hide your disability?

6. If you decide not to disclose, find other ways to get the support you need.

  • Behind-the-scenes support from friends, therapists, etc.
  • Research potential employers who provide these supports to all employees.

7. If you decide to disclose, plan in advance how you’ll handle it.

  • Who will say it (you, your therapist, your job coach, etc.)  What to say (see below)  When to say it. Under the ADA, a person with a disability can choose to disclose at any time, and is not required to disclose at all unless he or she wants to request an accommodation or wants other protection under the law. Someone with a disability can disclose at any of these times:
    • Before the hiring interview
    • During the interview
    • After the interview, but before any job offer
    • After a job offer, but before starting a job
    • Any time after beginning a job

If you are already employed and areexperiencing difficultybecause of your condition, we recommend disclosing sometime before serious problems arise on the job. It is unlikely that you would be protected under the ADA if you disclosed right before you were about togetfiredbecause of problems with your job performance. Employers are most likely to be responsive to a disclosure if they think it is done in good faith, and not as alast-ditcheffort to keep your job.

  • Who to tell
    • Your supervisor or manager, if he or she must provide or approve an accommodation  The EEO/Affirmative Action officer or Human Resources staff, if no immediate accommodation is needed, but you would like the protection of the ADA  The person interviewing you or Human Resources staff, if you might need accommodation during the hiring process
    • The Employee Assistance Program staff, if you are already on the job, experiencing difficulties, and need help deciding how, how much, and to whom to disclose

When You Disclose

  • Decide how specific you will be in describing your psychiatric or mental health condition:
    • General terms: a disability, a medical condition, an illness.  Vague but more specific terms: a biochemical imbalance, a neurological problem, a brain disorder, difficulty with stress  Specifically referring to mental health condition: a psychiatric disorder, mental disability
    • Your exact diagnosis: schizophrenia, bipolar disorder, major depression, anxiety disorder
  • Describe the skills you have that make you able to perform the main duties of the job
    • qualifications  technical skills
    • general work skills
  • Describe any functional limitations or behaviors caused by your disability which interfere with your performance

(See How might my psychiatric or mental health condition affect my work performance?)

  • Identify the accommodations you need to overcome those functional limitations or behaviors

(See What Accommodations Work on the Job?)

  • Optional: You may choose to describe the behaviors or symptoms the employer might observe and tell the employer what steps to take as a result.
  • Point the employer to resources for further information, including:

You may find it helpful to prepare a script to read from. For example:  “I have (preferred term for psychiatric or mental health condition) that I am recovering from. Currently, I can/have (the skills required) to do (the main duties) of the job, but sometimes (functional limitations) interfere with my ability to (duties you may have trouble performing). It helps if I have (name the specific accommodations you need). I work best when (other accommodations).”  You could also add the following information:  “Sometimes you might see (symptoms or behaviors associated with symptoms). When you see that, you can (name the action steps for the employer). Here is the number of my (employment specialist, doctor, therapist, previous employer, JAN, etc.) for any information that you might need about my ability to handle the job.”

NOTE: The information contained in these pages is for educational purposes only, and is not legal advice. Individuals should contact the appropriate legal resources for specific legal advice regarding theirparticular situations.

Disclosing Your Disability to an Employer - Boston University Center for Psychiatric Rehabilitation (2024)

FAQs

Disclosing Your Disability to an Employer - Boston University Center for Psychiatric Rehabilitation? ›

Only you can decide whether and how much to tell your employer about your psychiatric or mental health condition. Telling your employer about your diagnosis is the only way to protect your legal right to any accommodations you might need to get or keep a job.

How do you disclose mental illness to an employer? ›

Your employer may ask you to put your request in writing, and to generally describe your condition and how it affects your work. The employer also may ask you to submit a letter from your health care provider documenting that you have a mental health condition, and that you need an accommodation because of it.

Do you have to tell your employer you have a disability? ›

If you feel comfortable disclosing your disability, you can. However, you are not required to do so by law. If you need accommodation, though, you may have to explain your situation. Your employer is not obligated to offer you disability accommodations without an explanation of why you need such accommodation.

What are the disadvantages of disclosing disability to employer? ›

CONS:​Employer might accuse you of falsifying your qualifications. If you disclose now (rather than never), the employer may think you're unable to perform the essential job duties.

What are the laws around disclosure of disabilities in the hiring process? ›

You are right, once you have told an employer about a disability, you are protected by the Equality Act. This means the employer must take all reasonable steps to provide the necessary adjustments and mustn't discriminate against you because of you disability.

Can HR tell my boss about my medical condition? ›

The ADA requires that medical information given to an employer be kept confidential in most cases and shared only with those who need to know about it, like the folks in benefits or the folks in HR. And importantly, you generally don't need to be disabled in order to have this protection.

What are the benefits of disclosing disability to your employer? ›

You need reasonable accommodations under the ADA.

Disclosing a disability in these circ*mstances can allow employers to provide accommodations under the ADA, such as flexible work hours, assistive technology, or modifications to the work environment.

Does disability contact your employer? ›

The EDD will notify your employer that you have submitted a State Disability Insurance claim; however, your medical information is confidential and will not be shared with your employer.

What is failing to accommodate an employee's disability? ›

It is a violation of the ADA to fail to provide reasonable accommodation to the known physical or mental limitations of a qualified individual with a disability, unless to do so would impose an undue hardship on the operation of your business.

Why do people not disclose their disability? ›

They may also be concerned that disclosing a disability could lead to being passed over for a promotion or a raise. Anti-discrimination laws are designed to prevent employers from doing these kinds of things, but people may still have concerns.

Do I have to tell my employer I am on antidepressants? ›

You do not have to disclose information to your employer. However if your employer does not know of any issues, they are unable to help. It may be beneficial to disclose information to your employer early on, so that steps can be taken to help, and therefore hopefully prevent problems in the workplace developing.

What questions can an employer ask about mental health? ›

In most cases an employer cannot require applicants or employees to disclose a mental health condition. An employer can only ask medical questions, including those relating to mental health, if the situation meets one of four exceptions: An employee asks for a reasonable accommodation.

What does the Americans with Disabilities Act make it unlawful for an employer to ask a job applicant? ›

In interviewing candidates, it is unlawful under the ADA to ask an applicant whether they are disabled or about the nature or severity of a disability. The interviewer may ask applicants questions about their ability to perform job related functions as long as the questions are not phrased in terms of a disability.

How do you explain mental health issues to an employer? ›

Budget more time than you think you'll need so that the conversation isn't cut short. Be clear about the impact your mental health challenges are having at work. If the cause is work-related, share that also. As much as possible, come with suggestions for how your manager or HR can help you.

Do I have to tell my boss about my mental illness? ›

If your issue is putting you or others at risk, you need to tell someone. For example, if you're taking certain medications and operating heavy machinery. If your issue is affecting the standard of your work, it may be a good idea to tell your employer so they can support you.

Can you be denied a job because of mental illness? ›

The Americans with Disabilities Act (ADA) prohibits discrimination based on physical or mental disabilities and requires that employers provide reasonable accommodations to workers with disabilities who can perform their essential job functions.

Can employers check your mental health history? ›

A question that commonly arises is whether or not an employer has the right to access an employee's mental health records. In most cases, the answer is no: your mental health records are considered private information and your employer has no right to access them.

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