Am I obligated to tell an employer I'm disabled?

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MizLiz
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12 Sep 2009, 8:23 pm

Whatever the disability is.

(this didn't post before. I had it already typed up, so I'll just ask the question without an explanation)

So, quick question: Do I have any legal obligation at all to tell an employer of any disability/disabilites that I have? I don't want to reveal something at some point and then get the "You should have mentioned this during the interview" glare.

(which would only result in my obvious comeback: "You wouldn't have hired me.")

So am I obligated?

Thanks.



Peko
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12 Sep 2009, 8:43 pm

I don't know for sure as I've never been employed. But, I do believe you need to mention if you have a condition which could effect your daily work abilities or create an emergency situation (such as a seizure disorder). Or if you need to take meds at work. Good news is if they refuse to hire you, it would be discrimination & you could probably sue. I would look it up online on legal sites & disability related sites & such. Sorry I can't really help. :(


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John_Browning
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12 Sep 2009, 8:49 pm

You are not obligated to tell them unless you want some reasonable accommodation, which you have to tell them about when you start.


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MizLiz
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12 Sep 2009, 8:49 pm

Ah.

Well, the thing is, I DO have epilepsy (but I don't take medicine at work), but I knew I wouldn't be hired if they knew. It's well controlled and I haven't had a seizure in like 2 or 3 years, so the chances of my having a seizure at work are extremely remote.



John_Browning
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12 Sep 2009, 8:50 pm

What kind of work is it?


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MizLiz
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12 Sep 2009, 9:35 pm

Just a typical minimum wage job that anyone could do.

I don't want to get too specific. This might sound overly cautious, but I don't know who reads this.



Peko
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12 Sep 2009, 9:48 pm

MizLiz wrote:
Ah.

Well, the thing is, I DO have epilepsy (but I don't take medicine at work), but I knew I wouldn't be hired if they knew. It's well controlled and I haven't had a seizure in like 2 or 3 years, so the chances of my having a seizure at work are extremely remote.


I wouldn't think you'd need to tell them. I should have said to probably tell them if you have seizures now or have frequently within like the past yr. I myself had seizures just as an infant that were really bad. But I've been seizure free since (I still don't want to drive just in case... and getting sleepy in a car=not good!)


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Nan
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12 Sep 2009, 11:44 pm

Legally, no. Absolutely not.



Orwell
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13 Sep 2009, 1:29 am

The only time you have to disclose a disability is when you are requesting accommodations for that disability. You have a well-protected right to medical privacy, and can not be compelled to disclose such information to anyone.


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MizLiz
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13 Sep 2009, 4:10 am

Ah. Okay. Good.

I'm not requesting accommodations, it's just that I'm worried I might get asked at some point why I don't drive and I'm not a very good liar and I might, at some point say "Well, I'm epileptic so I don't have a license."

and then my manager who's been looking to fire me anyway might say something like "You should have said that at the interview, you're fired."

I'm allowed to drive since I haven't had a seizure in over a year (it's a year, I think, in my state that you have to be seizure free), it's just that I'm too nervous to risk having a seizure in a really heavy chunk of moving metal.



demeus
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13 Sep 2009, 8:41 am

You do not have to tell your employer about any disability unless:

1) It would be illegal/impossible to do your job. In the case above, any job that involves driving would require that you inform the person hiring you that you cannot drive.

2) You are requesting accomadations, in which case, you need to tell your employer why you are requesting them.

As far as a manager firing you for a disability, make sure that you get the firing in writing. They legally are not allowed to ask you if you have a disability at all on a job app (some do and the state (at least Minnesota) tried to weed them out, they can ask if you need accomadations however). They are also not allowed to ask at any other time unless you request accomadations or are looking to promote you to a job you cannot do. If they do fire you simply for not telling and your disability has no bearing on job performance, then you can sue under the ADA if in the USA.

Now for the caveat, do you want to go back to work for an employer that does not want you to work for them?



Nan
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14 Sep 2009, 2:25 pm

MizLiz wrote:
Ah. Okay. Good.

I'm not requesting accommodations, it's just that I'm worried I might get asked at some point why I don't drive and I'm not a very good liar and I might, at some point say "Well, I'm epileptic so I don't have a license."

and then my manager who's been looking to fire me anyway might say something like "You should have said that at the interview, you're fired."

I'm allowed to drive since I haven't had a seizure in over a year (it's a year, I think, in my state that you have to be seizure free), it's just that I'm too nervous to risk having a seizure in a really heavy chunk of moving metal.


If he fires you in a scenario like you wrote, you can sue the pants off him and will (unlike most ADA/discrimination cases) most likely win. If you're allowed to drive, you could just say "I prefer not to drive." Good luck!



GreatCeleryStalk
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14 Sep 2009, 3:25 pm

MizLiz wrote:
Ah.

Well, the thing is, I DO have epilepsy (but I don't take medicine at work), but I knew I wouldn't be hired if they knew. It's well controlled and I haven't had a seizure in like 2 or 3 years, so the chances of my having a seizure at work are extremely remote.


Definitely don't talk about having epilepsy if it's well controlled. I've never received a job offer when I've disclosed that I have (very well-controlled) epilepsy in a job interview.



MizLiz
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14 Sep 2009, 5:18 pm

Nan wrote:
MizLiz wrote:
Ah. Okay. Good.

I'm not requesting accommodations, it's just that I'm worried I might get asked at some point why I don't drive and I'm not a very good liar and I might, at some point say "Well, I'm epileptic so I don't have a license."

and then my manager who's been looking to fire me anyway might say something like "You should have said that at the interview, you're fired."

I'm allowed to drive since I haven't had a seizure in over a year (it's a year, I think, in my state that you have to be seizure free), it's just that I'm too nervous to risk having a seizure in a really heavy chunk of moving metal.


If he fires you in a scenario like you wrote, you can sue the pants off him and will (unlike most ADA/discrimination cases) most likely win. If you're allowed to drive, you could just say "I prefer not to drive." Good luck!

My boss would probably perceive that sort of answer as lazy, but I could try it.



bombergal
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14 Sep 2009, 10:40 pm

I am a teacher. Would I have to tell my principal that I have this disability? I just started my new job and I can tell that there's some people that think I'm weird already.



MizLiz
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15 Sep 2009, 5:39 am

I had a lot of teachers who, I'm pretty sure now that I think about it in retrospect, probably had AS. It didn't make it dangerous for them to teach their classes (this isn't like someone who only has partial vision and gets a job as a truck driver then doesn't say anything). If it didn't make it dangerous, then I don't see why they would have had to say anything.