Slide 1:
To Disclose or Not to Disclose
Suzanne R. Gosden, MA
Human Factors Consultant

Slide 2:
Open with a quote:
The surest way to be late is to have plenty of time

Slide 3:
Where is JAN?

Slide 4:
What is JAN?
JAN is a free information and referral source
JAN can answer your questions about the ADA and other disability related legislation
JAN can help identify accommodations for your clients and employees with disabilities

Slide 5:
Motor Team
Bones and Muscles
Quadraplegia
Paraplegia
MS
MD
Amputations
Back Injuries

Slide 6:
Sensory Team
Eyes, Ears, Nose and Throat
Asthma and Respiratory Diseases
Vision loss and blindness
Hearing Loss or deafness
Speech Impairments
Allergies

Slide 7:
Cognitive & Neurological Team
Learning Disabilities
Attention Deficit Disorders
Psychiatric Impairments
Epilepsy
Sleep Disorders
Mental Retardation

Slide 8:
Issues surrounding “Hidden Disabilities”

Slide 9:
What are “hidden disabilities”?
Any impairment causing limitations not obvious to the naked eye, not easily diserned by others, or not noticeable in the person’s speech, behavior or mobility
The impairment may affect the:
Brain
Circulation
Respiration
Muscular or skeletal system
Sensory abilities
And so on….

Slide 10:
Can you name some “hidden disabilities?”
Epilepsy
ADD
Sleep Disorders
Migraine Headaches
Fibromyalgia
Depression
PTSD
Learning Disabilities

Slide 11:
Some famous people with hidden disabilities include:
Danny Glover, Epilepsy
James Earl Jones, Speech Impairment
Tom Cruise, Dyslexia
Halle Berry, Diabetes

Slide 12:
Stereotypes about Hidden Disabilities	
Hidden disabilities are not believable
Hidden disabilities are not as severe as obvious disabilities like mobility impairments
Hidden disabilities are hard to accommodate because the need is not obvious
People with hidden disabilities do not need accommodations

Slide 13:
TO Disclose or NOT to Disclose…
Why would an employee disclose any disability, hidden or otherwise?
To ask for job accommodations
To receive benefits or privileges specifically for employees with disabilities
To explain an unusual circumstance or phenomenon
Slide 14:
TO Disclose or NOT to Disclose…
What benefit can come from disclosing a disability to the employer?
The employee gets an accommodation
The employee gains protection under the ADA
Anti-discrimination
Freedom from harassment
Freedom from intimidation
The employer, staff, coworkers (etc) gain:
Awareness
Compassion
Sensitivity

Slide 15:
TO Disclose or NOT to Disclose…
Why NOT disclose a disability?		
Employee does not need an accommodation
Employee is afraid to disclose, for many reasons:
Fear they will be stereotyped, or misunderstood, or not believed
Fear their confidentiality will be violated
Fear of retaliation 
Fear of their disability “being used against them”
Fearful of adverse employment action such as:
Demotion
Cut in hours
Shift change
Employee desires privacy about their disability

Slide 16:
TO Disclose or NOT to Disclose…
What benefits can come from NON-disclosure?
Privacy is maintained
From everyone, including supervisors and coworkers
Confidentiality is maintained
Employee with a disability might disclose to supervisor or HR or Personnel, but choose not to disclose to coworkers, or other employees with whom they work

Slide 17:
TO Disclose or NOT to Disclose…
What the EEOC says about disclosure:
An individual with a disability may request a reasonable accommodation at any time during the application process or during the period of employment
The ADA does not preclude an employee with a disability from requesting a reasonable accommodation because s/he did not ask for one when applying for the job or after receiving a job offer
An individual with a disability should request a reasonable accommodation when s/he knows that there is a workplace that is preventing him/her, due to a disability, from effectively competing for a position, performing a job, or gaining equal access to benefits of employment
As a practical matter, it may be in an employees interest to request an accommodation before performance suffers or conduct problems occur.

Slide 18:
TO Disclose or NOT to Disclose…
What the EEOC says about disclosure:
May use "plain English" 
Need not be in writing
Need not mention the ADA 
Need not use phrase “reasonable accommodation”
Need not make the accommodation themselves
A friend, family member, health care professional, etc can make the request on behalf of the employee
Employer can ask for (and it is the employee’s responsibility to provide) documentation of disability
Unless the disability is obvious
Unless the need for accommodation is obvious

Slide 19:
TO Disclose or NOT to Disclose…
Other “chatter” about disclosure:
Advocacy groups for people with disabilities often maintain a very strong “stance” on disclosure… “FOR” disclosure or “AGAINST” disclosure, for reasons such as:
Solidarity
Change
Empowerment
Protection
Some medical professionals, special educators, and rehab counselors may advise people with disabilities not to disclose
Some medical professionals, special educators, and rehab counselors may advise people with disabilities to disclose at inappropriate times

Slide 20:
Resources
Accommodation Ideas from JAN
http://www.jan.wvu.edu/media/ideas.html
EEOC’s Guidance on Reasonable Accommodation and Undue Hardship
http://www.eeoc.gov/docs/accommodation.html
EEOC’s Guidance on Psychiatric Impairments and the ADA
http://www.eeoc.gov/docs/psych.html

Slide 21:
Contact Information
Contact JAN
1-800-526-7234
jan@jan.wvu.edu
www.jan.wvu.edu	
Contact Me
1-800-526-7234
Suzanne.Gosden@mail.wvu.edu