Disclosure is a choice job seekers make about whether to tell another person or organisation information about their disability.
There is no clear cut answer to whether or not a job seeker should disclose information about a disability. As a service provider, your role is to provide support and information, and let the job seeker reach their own decision. The key factors that increase the likelihood of appropriate disclosure are when job seekers have:
- good rapport with their service provider who also understands the perceived barriers to disclosure
- knowledge of the benefits of disclosure in a given situation
- thorough information about their legal entitlements, rights and responsibilities in disclosing.
The decision to disclose
A person is more likely to disclose information about a disability or associated needs when they feel that they are respected and that there is a purpose and benefit attached to disclosure. As a service provider, it is important to discuss at length the positives and negatives of disclosure with your job seeker. Disclosure is most effective when people are knowledgeable about their disability, employable skills and disability related needs.
For some people, disclosure of information regarding their disability may not be a critical issue as their disability may be quite apparent or they may have accepted their disability and the fact that they need some additional assistance to find and maintain employment. In this case it will be a matter of working out a way of discussing their disability with prospective employers in a manner with which they are comfortable, for example, by focusing on the assistance they may require.
For others, who may be denying or still coming to terms with their disability, disclosure is a real issue that needs discussion. Perhaps it is the language of disability they do not like in which case it may be preferable to talk about 'specific difficulties' and clarify the types of workplace adjustments that will assist the person cope with the job recruitment process and employment itself. Alternatively the person may need counselling to assist them to adjust to their disability.
Benefits and barriers to disclosure
Whilst ultimately it is the job seeker's choice as to whether to disclose, the benefits of disclosure should be carefully considered and discussed. In most cases it means that accessing appropriate work modifications and support is made much simpler and this is often the key to successful placement.
Canvass with job seekers the benefits of disclosure in terms of workplace integration and job maintenance. For example, if someone needs particular adjustments to working hours or routines to function effectively in the workplace and/or flexibility with leave. Similarly if someone needs modifications to physical workspace to make a less distracting environment or support strategies (such as time out if anxious, or being able to phone someone external to work if they are feeling stressed) then disclosure is beneficial.
There is also the questions of timing (when to disclose) and selectivity (who needs to know).
Benefits of disclosure
The reasons or benefits for disclosing information about disability to an employer include:
- a generation of trust and an open relationship with an employer that allows discussion on effective workplace adjustment strategies
- an ability to deal with misconceptions and show how working with a disability can be ‘business as usual’ if a disability is visible
- opportunities to implement work related adjustments quickly if there is a crisis related to disability
- meeting obligations under the Occupational Health and Safety Act if a disability could reasonably be seen to cause a health and safety risk for other people in the workplace .
Barriers to disclosure
Many people are wary of disclosing information about their disability, especially in employment related situations. Some reasons for this fear include:
- perceived discrimination or prior experiences of discrimination
- limited understanding of rights and responsibilities
- concern that opportunities may be denied
- perceived lack of opportunity for career advancement
- fear of being more closely monitored or supervised
- possible isolation from co-workers
- fear of termination
- potential for not being hired at all
- possible denial of certain entitlements
- loss of privacy
- fear that disclosure may provoke curiosity
- concern that disclosure may provoke unnecessary concern in others.
Your role and responsibilities with disclosure
If a job seeker discloses a disability you have the following role and responsibilities:
- keep all information confidential unless a job seeker has provided written consent to have information disclosed to third parties such as employers (for example, by completing a job seeker information consent form prior to job seeking activities)
- respect the job seeker's right to privacy
- inform the job seeker of available support structures, strategies and services
- inform the job seeker about legislative rights and the different points of disclosure in the job search and commencement process.
Duty of care
Duty of care applies to a range of situations and can be briefly described as an obligation that a sensible person would have in the circumstances when acting toward others and the public. If the actions of a person are not made with care, attention, caution, and prudence, their actions are considered negligent.
Duty of care for occupational health and safety is the responsibility of all parties. As a service provider, you need to make employers and job seekers aware of their duty of care. For example, if a job seeker's disability is likely to affect their ability to work safely or is likely to affect the safety of co-workers then you need to advise them of their legal obligations to disclose information about their disability to their employer and develop strategies for disclosure.
Where there is conflict between privacy and duty of care, generally your duty of care is restricted to actions which do not breach privacy laws.
More information
The following fact sheets provide more information on issues related to the disclosure of disability: