In that case, the employer may ask whether the applicant needs reasonable accommodation and what type of reasonable accommodation would be needed. Also, in limited circumstances e. An individual with a disability may request a reasonable accommodation at any time during the application process or during the period of employment.
The decision whether to share information about a medical impairment is up to the individual to make. However, an employer may condition an offer of employment on the satisfactory completion of a medical questionnaire or examination. If a questionnaire is not completed or an individual refuses to participate in an examination, an employer may rescind an offer. Section of the Rehabilitation Act requires covered federal contractors to invite applicants to self-identify as an individual with a disability during the pre-offer and post-offer phases of the application process, and to invite employees to self-identify every five years.
This is an invitation to self-identify, not a requirement. The self-identification of disability form is a voluntary form, so each individual may choose to disclose his or her disability status, or not. The form also includes a statement that invites individuals to request accommodation to apply for a job or perform job duties. Many employees who request accommodations prefer not to disclose their diagnosis, usually out of fear related to stereotypes or stigma attached to the condition.
There is no formal guidance from the EEOC regarding this question. Under the ADA, employers may be able to insist on knowing the name of the impairment as part of determining whether the employee has a covered disability.
However, some state laws e. Employers should be informed about the requirements of state law before requesting a diagnosis. An employee may begin by giving a more general description of the condition when an accommodation is requested. An employer may request reasonable documentation to determine that an individual has a covered disability for which he or she needs a reasonable accommodation EEOC, An employer may hold an employee with a disability accountable under the same uniformly applied performance standards and conduct standards that are job-related and consistent with business necessity as they would employees without disabilities.
If a disability is disclosed or an accommodation is requested in response to poor performance or misconduct, an employer should engage in an interactive process with the employee to discuss how the disability affects performance or conduct and what accommodations may be effective in assisting the employee to meet the standards. Disability Disclosure and Employment Disability disclosure can occur during any stage of the employment process, including pre-employment, post-offer, and while employed — whether it be within days, months, or years of initially being hired.
Disclosure and Pre-Employment With limited exceptions, an employer may not require an applicant to disclose information about a disability or medical impairment prior to making an offer of employment. Still, Mr. Mehler agrees that some older candidates should omit college graduation dates from online job applications. He also suggests that they include only their last several jobs on the electronic form.
Your question about supplying a Social Security number concerns me most. Companies typically ask for the number so they can use it later to conduct background checks on serious contenders. But requesting Social Security numbers at the application stage is premature and threatens your privacy, says Mr. We make our best efforts to make sure the information is accurate, but we cannot guarantee it. Do not rely on the content as legal advice. For assistance with legal problems or for a legal inquiry please contact you attorney.
Many disabilities are not visible, and communication may help them get additional support or adaptations to help them perform better. LGBTQ self-identification is when an employee discloses their gender identity or sexual orientation. Although employers are not required to collect data on their LGBTQ workforce, those that do can leverage data to help the organization implement initiatives related to promotions, inclusion, benefits, hiring and retention, and measure the success of their efforts.
When asking employees to self-identify, employers should proactively communicate the purpose for the request and emphasize the confidentiality of the responses to help mitigate the discomfort or isolation that diverse employees may feel. Here are some best practices to encourage self-identification:. Organizations interested in achieving success with their diversity and inclusion initiatives must take an honest, fact based approach to understand where they are falling short.
Self-identification is an important tool that provides an avenue for employees to anonymously share their diversity data so that their employers can implement strategies to build a culture that supports all employees, and measure their progress towards their diversity goals.
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