“Disclosing a disability to an employer enables a person to live ones life authentically and be able to bring ones whole self to work,” said Kathy Flaherty, executive director of the Connecticut Legal Rights Project.
Why do employers ask if you are disabled?
One of the reasons you may decide to disclose your disability is that it lets you request a reasonable accommodation during the application process, to perform the job duties, or to access benefits.
Should you disclose disability on job application?
Generally, there is no obligation to disclose disability-related information to an employer until the need for reasonable accommodation becomes apparent. Reasonable accommodation may be needed to participate in the hiring process, to perform essential job functions, or to receive a benefit or privilege of employment.
Can an employer ask about your disability?
If you are applying for a job, an employer cannot ask you if you are disabled or ask about the nature or severity of your disability. An employer can also ask you to describe or to demonstrate how, with or without reasonable accommodation, you will perform the duties of the job.
Should you answer if you have a disability?
Legally, the ADA does not require candidates to disclose a disability to employers or potential employers. If you do not disclose, however, employers correspondingly will not have to make accommodations.
Can you lie about disability on job application?
Choose not to disclose whether or not you have a disability. They can ask, but you legally have the right to not answer, says MichelleW. It is illegal for them to demand the information. I declined because I didnt want to lie, and its within my rights to not disclose, says DTMN.
Do I have to disclose my medical condition to my employer?
Generally speaking, employees do not need to inform their employers of their medical conditions or disabilities as long as they are able to perform the essential functions of their jobs without an accommodation or medical leave.
Can an employer deny disability?
Under the ADA , you have a disability if you have a physical or mental impairment that substantially limits a major life activity. An employer cannot refuse to hire you because your disability prevents you from performing duties that are not essential to the job.
Is it illegal to ask about medical conditions?
It is also unlawful to make an inquiry regarding the nature and severity of a mental or physical disability or medical condition. However, an employer may inquire into the ability of an applicant to perform job-related functions and may respond to an applicants request for reasonable accommodation.
Is anxiety considered a disability?
Anxiety disorders involving phobias, panic disorders, post-traumatic stress disorder (PTSD), obsessive-compulsive disorder (OCD), and generalized anxiety can qualify for Social Security disability benefits if they are well documented and severely debilitating.
Can I lie about not having a disability?
Dont misrepresent or omit facts when dealing with Social Security, or you can be prosecuted for fraud. If the Social Security Administration (SSA) discovers that you knowingly lied or misrepresented any information related to your claim or eligibility for disability benefits, you may face criminal charges for fraud.
What questions can an employer ask?
When you actually have a job, your employer is normally only allowed to require a medical exam or ask medical questions if they have reason to believe that the existence of a condition or disability will impact upon an employees ability to perform their job safely and properly, or to support an employees request that