Part of building an inclusive team is about making people feel that they can be themselves at work. It helps to create a psychologically safe space where employees don’t feel the need to hide or suppress any aspects of their identity.
As an employee, if you don’t feel that you have this safe space at work, disclosing a disability can feel like a big step and it’s totally normal to feel unsure about it, with the risk of being subject to disability discrimination. But it’s important to know your rights as an employee.
Likewise, perhaps you’re an employer trying to build that inclusive team, and whilst navigating the ethics and laws surrounding your employees disclosing their disabilities at work, wondering what your rights and obligations are.
As a DEI Business Psychologist specialising in Unconscious Bias and Disabilities in the workplace, I’ve had the privilege of helping many individuals and employers navigate this exact situation.
Let’s dive in together and explore your rights and responsibilities.
Understanding Disability Disclosure
First things first, let’s talk about what disability disclosure actually means. Essentially, it’s about sharing information about a disability with your employer or potential employer. This can include anything from physical impairments, and mental impairment, to mental health conditions, an invisible disability, and everything in between.
Employers, it’s crucial to understand that your disabled employees have rights protected by law. The Equality Act in the UK, among other laws, ensures that you cannot discriminate against employees because of their disabilities. This also means providing reasonable adjustments to accommodate their needs.
Your Rights as an Employee
Okay, let’s break this down a bit further.
What exactly are your rights as a disabled person in the workplace? Well, for starters, you have the right to not be discriminated against by your employer or co-workers because of your disability.
That means your employer can’t treat you unfairly or differently because of your disability.
You also have the right to reasonable adjustments.
This could mean anything from flexible working hours to specialised equipment that helps you do your job. The key word here is “reasonable.” Your employer isn’t expected to go to extreme lengths, but they are expected to make adjustments that allow you to do your job effectively.
Your Responsibility as an Employer
As an employer, you have a responsibility to ensure that your workplace is inclusive and accessible to all employees, including those with disabilities. This means making reasonable adjustments to accommodate disabled people and their needs and providing support when necessary.
You also have a legal obligation to not discriminate against employees because of their disabilities. This includes during the hiring process, job offer, throughout their employment, and even if they need to take time off due to their disability.
Timing and Considerations for Disclosure
Now, when should employees disclose their disability?
This is a personal choice for them, and it’s important to respect their privacy and autonomy. Some employees may feel comfortable disclosing during the job interview stage, while others may prefer to wait until after they’ve been offered the job.
Employers, it’s important to create a supportive and open environment where employees feel comfortable disclosing their disabilities. Encourage open communication and be proactive in offering support and accommodations.
What to Disclose: Navigating the Conversation
Once you’ve made the decision to disclose your disability at work, you may be thinking: what now?
It’s important to be clear and honest about how your disability affects you and what accommodations you might need. Remember, this is about finding solutions that work for you and allow you to perform your best at work.
When disclosing disabilities at work, it’s important to strike a balance between providing necessary information for accommodation purposes while also maintaining your privacy and confidentiality.
Disclose only information that is directly related to the accommodation you need. You don’t need to provide extensive details about your disability unless it’s necessary for your employer to understand the accommodation required.
Clearly communicate the accommodations you require to perform your job effectively. This might include modifications to your work environment, adjustments to your schedule, or changes in tasks.
Explain how your disability affects your work performance. Focus on how accommodations can mitigate any limitations and allow you to perform your job duties competently. You know this from experience in previous jobs, or it may be something that you learn as you grow in your role. Just be clear with your employer as you find ways your condition affects your ability to perform in your role.
Discuss confidentiality concerns with your employer. Request that any information you provide regarding your disability be kept confidential and only shared with individuals directly involved in the accommodation process.
Choose an appropriate time and manner to disclose your disability. This might be during the hiring process, after receiving a job offer, or when you realise you need accommodations to perform your job effectively.
Be prepared to provide documentation from healthcare professionals or specialists, if necessary, to support your request for accommodation. You should also maintain open communication with your employer or line manager throughout the accommodation process. Address any concerns or questions they may have and work together to find suitable solutions.
Navigating the Conversation with Employees
If an employee chooses to disclose a disability, it’s important to handle the conversation with sensitivity and respect.
When an employee discloses their disability, listen attentively to their concerns, needs, and any accommodations they may request. Respect their perspective and take their disclosure seriously.
Respect the employee’s privacy and confidentiality regarding their disability. Ensure that only individuals directly involved in the accommodation process are informed, and handle any documentation or information with discretion.
Show empathy and support to the employee. Recognise that disclosing a disability can be a difficult decision, and assure them that you are committed to working together to find reasonable accommodations.
Initiate an interactive dialogue with the employee to discuss their accommodation needs. Collaborate on identifying potential solutions that address their limitations while allowing them to perform their job effectively.
Make a good faith effort to provide reasonable accommodations that meet the employee’s needs and enable them to perform the skills needed in their job duties. Consider flexibility in work schedules, modifications to the work environment, or assistive technologies.
Take the time to educate yourself about the employee’s disability and how it may impact their work. Familiarise yourself with relevant laws, regulations, and best practices for accommodating employees with disabilities. You should also consider providing training and support to managers and colleagues to raise awareness about disabilities and foster an inclusive work environment. Ensure that employees understand their rights and responsibilities regarding disability accommodation.
Keep thorough documentation of the accommodation process, including discussions, agreements, and any accommodations provided. This documentation can help ensure transparency.
Regularly monitor the effectiveness of accommodations and check in with the employee to assess their needs. Be open to making adjustments or modifications to accommodations as necessary.
I’ve seen firsthand the positive impact that inclusive policies and practices can have on a workplace. From accessibility accommodations to diversity training, there are so many ways that companies can create environments where everyone feels welcome and respected.
Creating an Inclusive Workplace Culture
Ultimately, creating an inclusive workplace culture benefits everyone. When disabled employees feel supported and valued, they’re able to bring their whole selves to work and contribute in meaningful ways. It’s also an opportunity for companies to tap into a diverse pool of talent and perspectives.
Employers, by fostering an inclusive workplace culture, you not only comply with legal requirements but also attract and retain top talent. Embrace diversity and create an environment where all employees feel valued and respected.
Navigating Unconscious Bias in Disability Disclosure
Understanding and addressing unconscious bias is a crucial aspect of navigating disability disclosure in the workplace. Unconscious bias refers to the attitudes and stereotypes that influence our judgments and decisions without our conscious awareness. Unfortunately, these biases can impact how we perceive and interact with individuals with disabilities.
Recognising Unconscious Bias
As employers and employees, it’s essential to recognise that we all have biases, whether we’re aware of them or not. These biases can manifest in subtle ways, such as making assumptions about a person’s capabilities based on their disability or underestimating their potential contributions to the team.
Mitigating Unconscious Bias
So, how can we mitigate unconscious bias when it comes to disability disclosure? Awareness is the first step. By acknowledging the existence of bias and its potential impact, we can begin to challenge and counteract it.
Employers can implement unconscious bias training for hiring managers and employees to raise awareness and promote fair decision-making processes. Providing education and resources on disability inclusion can also help dispel misconceptions and foster a more inclusive work environment.
Encouraging Open Dialogue
Encouraging open dialogue and communication is another effective strategy for addressing unconscious bias. By creating opportunities for employees to share their experiences and perspectives, we can challenge stereotypes and foster empathy and understanding.
As an employer, it’s important to create a culture where employees feel comfortable speaking up about their experiences and concerns. This includes providing channels for feedback and actively listening to employees’ voices.
Embracing Diversity and Inclusion
Ultimately, embracing diversity and inclusion is the key to mitigating unconscious bias in the workplace. By valuing and celebrating differences, we can create a culture where all individuals, regardless of their disabilities, feel respected, valued, and empowered to reach their full potential.
Resources and Support
Finally, employers, remember that you’re not alone in this journey. There are plenty of resources and support networks available to help you navigate supporting employees with disabilities. Whether it’s reaching out to disability advocacy groups or consulting with experts, don’t hesitate to seek out support when you need it.
Navigating disability disclosure in the workplace requires understanding, empathy, and proactive support from both employees and employers. By working together, we can create inclusive work environments where everyone can thrive.
For more advice on disability discrimination and unconscious bias in the workplace, get in touch with Pearn Kandola at info@pearnkandola.com to learn more about our inclusive team workshops.
