[Jobs] When Should You Tell Your Boss About Your Illness or Disability?

[PETER ALTSCHUL]

When Should You Tell Your Boss About Your Illness or Disability?



By Brenda Velez © 2006 DiversityInc.com® July 18, 2006



This article originally appeared in the May issue of DiversityInc magazine. 
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In 1997, when Dan Flores was diagnosed with primary sclerosing cholangitis, 
a rare and serious liver disease, one of the first things he did was tell 
his manager and coworkers at General Motors. Flores, the manager of media 
relations for GM North America manufacturing and labor relations, understood 
that although he was not yet showing symptoms, he eventually would. Six 
years later, Flores began experiencing symptoms such as fatigue and weight 
loss. By late 2004, it became obvious that a liver transplant was necessary 
as he struggled to work a full day.



"As I started to get worse and had to miss more time for doctor 
appointments, the company made it clear from the very beginning that my 
health was of the utmost importance and that they would stand with me 
through this horrible ordeal," says Flores.



Being diagnosed with a serious disability or illness is tough enough. What 
about your job? Could you be fired or demoted if your disability or illness 
is found out? When do you tell your employer about a serious or prolonged 
illness, such as cancer or HIV/AIDS?



An illness or disability does not diminish an employee's education, training 
or experience, but many employees fear that the stigma associated with an 
illness or disability may cause coworkers or superiors to treat them 
differently. Others worry that disclosing an illness or disability will 
leave them vulnerable to discrimination.



"It is important to get over the fear of stigma associated with the 
illness," says Angelina Esparza, the director of Survivorship and Senior 
Lead Quality of Life and Information from the American Cancer Society. 
"Having a major illness is a severe life change in general, not just for 
yourself but also for all of those who are around you."



"People can have hesitations depending on the environment in which they work 
and that really has to be taken into consideration," she adds. "But I think 
that for those who have a good work environment and have a good working 
relationship with their coworkers and their boss, perhaps having a 
conversation early on may be appropriate."



Trust Is Key



Ultimately, the decision on when to disclose a serious illness or disability 
is entirely up to the employee. However, as difficult as it may be, 
divulging such information as soon as practically possible may help everyone 
in the long run. After all, a company cannot provide a reasonable 
accommodation if it is unaware of the disability, disease or illness.



In February 2005, Flores began his medical leave and remained out of work 
for seven months. During that time, he received periodic calls and visits 
from his manager and higher-ups, who reassured him that his position with 
the company was secured. Human-resources representatives worked with him to 
ensure that his benefits never lapsed, and they helped file all the 
paperwork necessary to ease his return in September 2005 once he was cleared 
to do so by his physician.



"The whole company showed me incredible support from the moment I told them 
about my condition," he says. "Management and the human-resources 
representatives made it clear that I had a job to come back to and that my 
priority was to get better. When you are out of the work force and are in a 
very competitive environment, it's natural to think, 'Hey, is my job going 
to be there when I get back?' and this reassurance gave me peace of mind."



Deborah Dagit, executive director of diversity & work environment at Merck & 
Co. (No. 34 on The 2006 DiversityInc Top 50 Companies for Diversity list, 
No. 4 on the Top 10 Companies for People With Disabilities list and No. 8 on 
the Top 10 Companies for Asian Americans list), is a firm advocate of being 
as open as possible.



"An employer should feel honored that an employee is willing to share this 
kind of information," says Dagit. "It is indicative of their trust and their 
connection and allegiance with the organization. It shouldn't be 
discouraged."



Dagit, who has osteogenesis imperfecta, believes an employee is more likely 
to be upfront about a medical problem if the corporation has created an 
atmosphere of openness-as GM did for Flores.



"Employers need to let employees know that they really want to accommodate 
people," Dagit says. "And they need to know that with most disabilities, the 
more that you are able to accommodate a person's desire to work flexibly, 
the more likely they'll get well and get back to work faster."



Knowing there are legal protections that prevent employers from arbitrarily 
firing an employee because of an illness or medical condition can help 
employees feel more secure in disclosing medical problems.



An employee may not have to fully disclose a disability or illness, but he 
or she may want to talk with the human-resources department to request a 
reasonable accommodation to continue to perform the job satisfactorily.



Dagit advises employees that the direct approach is best. "What is important 
for the employee to do is try not to talk through their physicians or any 
other outside third party," Dagit says. "Have a conversation with a manager 
or the HR person to explain the situation. Propose what they think is the 
best solution and come up with something that makes sense for them on a 
personal level and for the business."



There are legal protections for employees diagnosed with illnesses and/or 
disabilities. The Americans with Disabilities Act (ADA) provides protection 
from discriminatory practices for people who work for companies or 
organizations with 15 or more employees. The ADA requires employers to 
provide reasonable accommodations to employees or potential employees with 
disabilities, as long as the accommodation does not create a significant 
financial burden. The ADA allows a worker undergoing treatment or caring for 
a loved one at least 12 weeks of leave.



Often, collaborations between employee and employer can yield the best 
solution.



First, both sides need to consider the tasks associated with the employee's 
job, the functional limitations of the individual and whether the proposed 
accommodation(s) will result in undue hardship to the employer.



Solutions may involve equipment changes, workstation modifications, 
adjustments to work schedules, assistance in accessing the facility and 
dozens of other possibilities, depending on the individual's particular 
limitations and needs.



For Flores, part of that solution was preparing his division for his medical 
leave so his coworkers would not be caught by surprise. "Because of the 
loyalty the company showed me, I wanted to show that loyalty back to them in 
terms of trying to prepare our department as much as possible for what would 
likely happen in the future," he says.



The Downside



But what happens when an employer is not accommodating?



If an employer fails to comply with the ADA, an employee may seek legal 
action, forcing a company to comply or to pay damages. The ADA also 
prohibits any attempt to coerce or to retaliate against an employee for 
asserting their legal rights.



The Equal Employment Opportunity Commission (EEOC) encourages employees to 
follow standard company protocol when it comes to filing complaints. "If you 
feel there is a problem with a manager, I think you first need to follow the 
formal and informal internal complaint procedure even if you end up going 
outside the company," Dagit says.



Evidence of wrongdoing also is essential when trying to prove any form of 
discrimination. Esparza recommends keeping a detailed record of an 
individual's job description, daily work responsibilities and encounters 
with coworkers.



Not only will a record help re-allocate time when figuring out how to best 
modify a work schedule, "it also helps people track their performance over 
time. And if there has been a radical change in the way the relationship 
proceeds, then maybe it is time to find out what your rights are," Esparza 
says.



Although discrimination still happens, the numbers of complaints filed with 
the Equal Employment Opportunity Commission have decreased, according to the 
EEOC. In the past year, discrimination complaints in the workplace dropped 
by 5 percent to 75,428. Approximately 19 percent of those complaints were 
disability-based.



Just as the decision to speak with an employer about an illness or 
disability falls on the individual, so does the decision to speak about it 
with peers and coworkers. However, an employee should know that telling a 
coworker may force the employee to go to management earlier.



Telling coworkers can lead to the same feeling of apprehension as telling 
management. However, being open about an illness with peers and coworkers 
can provide an opportunity to better explain a condition and eliminate the 
possibility of interoffice gossip. This is particularly true for illnesses 
that often are misunderstood or have a negative stigma attached to them, 
such as certain forms of cancer and HIV/AIDS. Employees with HIV/AIDS are 
not legally obligated to disclose anything.



Having entered the work force in the early 1980s with a chronic disability, 
Dagit never encountered an employer who has had a problem accommodating her 
condition.



"I have needed special work arrangements. I have worked from home for 
extended periods of time with a fax machine, speakerphone and have had 
people come to my home, Federal Express-whatever it took," Dagit says. 
"Several years ago, I had serious problems with my back where I could not 
get around, so I worked from home for three months. [Merck was] extremely 
accommodating in terms of the resources they provided me to work and 
allowing me to participate just as I would have had I been able to come into 
the office."