LILIA: When do I have to tell my employer
that I have a disability?
You only have to disclose your disability
if you're facing an obstacle at work related to your disability.
Otherwise, you don't need to tell anyone at work.
Whether your disability is apparent to others or not,
disclosure is a personal decision.
You get to decide if, when, and how
you disclose your disability and talk about it.
Some people decide to disclose their disability at work
because their disability is a key part of their identity,
and sharing it allows them to be fully themselves at work.
Others may decide not to disclose
because they don't want to be treated differently.
Let's hear from Ben and Cecilia,
two employees with disabilities,
about how they're deciding whether or not to disclose.
Example one: Ben.
BEN: I have a chronic condition
that causes my muscles to weaken over time.
Right now, it doesn't affect my daily life in any major way.
But it is likely that I may need a reasonable accommodation
in the future as typing on a keyboard
is getting more difficult.
I want to give my employer a heads-up in case
I do want to ask for a reasonable accommodation
in the future.
I'm very open about my disability in my personal life,
and it's important for me to be open at work, as well.
LILIA: Example two: Cecilia.
CECILIA: I just started a new job
and I have a non-apparent disability.
I don't need any reasonable accommodations.
Because of a bad experience at my last job,
I'm worried about being unfairly judged
if I disclose my disability at my new job.
Keeping my disability to myself
makes me feel more comfortable and safe at work.
LILIA: In considering disclosing,
keep in mind three key things.
One, who you disclose to matters.
Your HR director and your manager
are legally required to keep your disability information
on a "need to know" basis.
They are not allowed to tell your coworkers.
If you decide to disclose to a coworker,
keep in mind that they do not have an obligation
to keep the information private.
Two, if your disability means
that you work best in a particular way,
or it has the potential to make certain job tasks difficult,
it is a good idea to disclose that early on.
You can do this with or without mentioning your disability.
Don't wait until after there has been a performance issue.
Three, telling your employer you have a disability
is just sharing information about yourself.
It does not require them to take any action.
If you need a change to your work situation
because of your disability,
you will need to ask for a reasonable accommodation.
Watch our other videos to learn how.
Let's go back to our example scenarios
with this information in mind.
Example one: Ben.
BEN: I've chosen to disclose my disability at work.
I'd like to be open and share some things I've learned,
such as taking short breaks to stretch.
It makes work easier for me,
and it may be helpful for my colleagues or anyone else.
If I need a reasonable accommodation in the future,
my manager and the HR team will already be
somewhat familiar with my needs.
I know they don't have to do anything until
I ask for an accommodation,
but this feels like it will pave the way.
LILIA: Example two: Cecilia.
CECILIA: I've chosen not to disclose my disability.
I'm not required to,
since I'm not having any difficulty doing my job.
If I build a closer relationship with my colleagues
and feel comfortable,
I might choose to disclose to them in the future.
I'll keep in mind that they have no obligation
to keep it private-- only my HR director and my manager do.
LILIA: For individualized guidance,
visit mass.gov/MOD/ContactUs,
or call (617) 727-7440.
Disclaimer: this video provides an introductory overview.
Employment situations are often complicated
and depend a lot on details of the situation.
Please visit mass.gov/MOD/DisabilityRights
for more details on when and how the A.D.A. applies.
None of our content should be considered legal advice.
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