Series: What to Disclose in the Job Interview & What To Keep to Yourself

Episode 315 | Author: Emilie Aries

Discussing Disability & Chronic Illness In the Job Interview

When it comes to disclosing a disability or chronic health condition - whether it’s visible or invisible to others - it’s important to know your rights and proceed with caution.

Today I’m continuing my series on What to Disclose in the Job Interview - and What to Keep to Yourself. In case you missed it, here are my prior two installments:

How to talk about marital status, parental status, and pregnancy in the interview
How to talk about your criminal background in the interview

Workplace Disability Rights & Protections in America

The Americans with Disabilities Act (ADA) entitles workers at companies with more than 15 employees to "reasonable accommodations" if you have a diagnosed disability. Mental health disorders absolutely do apply, so long as you've been diagnosed by a professional and are able to produce a doctor’s note upon request. Unfortunately, the interpretation of "reasonable accommodations" can be wide-ranging and difficult to advocate for. And keep in mind: these accommodations focus on how you do the work, but not whether you do the work.

This nature of the law places the burden on the individual to not only choose when and whether to disclose their disability, but also become the de facto guide for determining what accommodations are needed, and then advocating for them.

For example, a client of mine is a senior leader working on child cancer research. She’s highly educated, focused on a niche area of study, and brings a wealth of experience to the table in an in-demand field. She also, as it happens, is legally blind, and requires the use of a computerized reading software to navigate reading and writing papers. Sometimes, this also means she requires some support from IT to get her e-reader working with all the documents she needs to review, and this can result in her taking a little more time to finish document review than her non-blind counterparts. The use of an e-reader, troubleshooting support from IT, and extra time to complete her tasks are all examples of “reasonable accommodations” that she’s entitled to and has had to advocate for - and yet she has still faced discrimination, marginalization, and sometimes even open hostility from a few colleagues and at least one of her supervisors in the past.

Can an Employer Ask About My Disability in the Application Process?

It’s notable, as well, that the ADA expressly prohibits employers from asking any medical or disability-related questions on job applications and in the interview. The one exception is that a government agency can ask an applicant to voluntarily disclose a disability for affirmative action purposes.

So, if you’re on the job hunt and you encounter any questions about your disability or medical history, you have every right to leave them blank. It’s not legal for employers to require such a disclosure in the application or interview stage - even if you have an obvious, visible disability.

However, there is one way employers can ask questions about your ability to get the job done. According to a 2003 report on the EEOC website:

“If the employer knows that an applicant has a disability, and it is reasonable to question whether the disability might pose difficulties for the individual in performing a specific job task, then the employer may ask whether she would need reasonable accommodation to perform that task. An employer might know that an applicant has a disability because it is obvious or she has voluntarily revealed the existence of one. If the applicant indicates that accommodation will be necessary, then the employer may ask what accommodation is needed.”

So there is some gray area when it comes to discussing disability in the interview, and this can be especially stressful for those whose disabilities are more visible.

Should You Disclose Your Disability During the Interview?

All of this does present a bit of a catch-22 for the job applicant in the interview process, because often you can’t claim your rights to accommodations, without first disclosing your health condition.

As the New York Times put it:

“Disclosure during the interview process can open up a world of support. Or, worst case, it can reveal an atmosphere in which you wouldn’t feel comfortable working, anyway. And hiding a major part of yourself — assuming you have that ability — takes its own toll.”

If you do choose to approach the subject in the interview or upon receiving a formal written job offer, keep these best practices in mind:

Stay focused on your abilities: Employers need qualified, capable individuals to fill positions. Emphasize the skills and experiences you do bring to the table, not only your limitations.
Explain how accommodations can help: you may even want to tell a quick story about how reasonable accommodations in the past empowered you to contribute meaningfully to a team and perform your job with excellence.
Stay positive and honest: while I realize it’s easy to get stressed, frustrated, and cynical over the course of a drawn-out job search - stay upbeat and candid when describing your hopes for the future and the great work you can do together.

Is my Disclosure Confidential?

If you do find yourself discussing your medical history during the interview, know that the ADA contains strict confidentiality requirements, meaning any medical information revealed during the hiring process (either pre or post-offer) must be kept confidential.

There are a few notable exceptions, however. The employer or hiring manager may share relevant medical information with other decision-makers involved in the hiring process. The ADA also allows an employer to share medical information with:

supervisors and managers, who may be told about necessary restrictions on the work or duties of an employee and about reasonable accommodations;
first aid and safety personnel, who may be told if the disability might require emergency treatment;
government officials investigating compliance with the ADA;
state workers' compensation offices, state second injury funds, or workers' compensation and any other insurance carriers.

Can My Job Offer Be Rescinded Because of my Disability?

This is the ultimate fear that keeps us silent about disability in the interview process, isn’t it? It’s a reasonable concern to have, knowing how unfortunately common discrimination in the hiring process can be.

According to the EEOC report:

“While the employer had the right to require a post-offer medical examination, he cannot withdraw the job offer solely because you revealed you have a disability. Instead, the employer can withdraw the job offer only if it can show that you are unable to perform the essential functions of the job (with or without reasonable accommodation), or that you pose a significant risk of causing substantial harm to yourself or others.

The Bottom Line

So whether, when, and to whom you choose to disclose your chronic health condition or disability is a very personal decision to be weighed carefully. Keep in mind, this choice is also a privilege that many people don’t even have the option to make in the case that their medical condition is highly visible and immediately obvious.

Know your rights, proceed with caution, and stay focused on the skills you bring to the table when making your case to any employer.