Supporting the sharing of disability information

Overview

Sharing information about disability (sometimes called 'sharing access requirements') is a person-centred term increasingly recommended instead of ‘disclosure’. The word ‘disclosure’ can seem formal or imply that someone has something to hide, whereas these more contemporary terms emphasise choice, control and openness.

Sharing information about disability is a personal choice. People with disability have the same rights as everyone else, including the right to privacy at every stage of the employment journey. Respecting privacy builds trust and encourages open communication. 

Employees are not legally required to share information unless their disability:

• affects their ability to complete essential job tasks (the ‘inherent requirements’ of a role)
• impacts their own safety
• impacts the safety of others.³

Employees with disability control if, when and how they share information. Employment consultants can help them consider their options safely. Employers may only request information relevant to the role or workplace safety, while employees can choose when to share – during recruitment, at the time of a job offer or after starting – so supports and adjustments can be provided when needed.

Visible disability is sometimes obvious. Non-visible disability may not be immediately apparent. In either case, people are not obliged to share information about their disability if it does not affect their work. In all cases, employees must be treated with dignity and respect. Employers should focus on the person rather than the disability and employment consultants can help ensure that appropriate supports are in place.

Sharing information about disability is a personal decision unless it affects a person’s ability to complete essential job tasks or if it affects the safety of the individual or the broader workplace. Employers should never assume disclosure is required and must respect concerns about stigma or discrimination.

Additionally, employees are only required to share information about any medication they may be taking if the side effects of that medication could affect their work or their safety and the safety of those around them. Employers may also have policies about the use of medication in the workplace that may be provided to employees on commencing the job.

Once an employee shares information about a disability:

• they can request reasonable adjustments to help perform their role
• employers must maintain confidentiality and provide supports as needed
• employment service consultants can help identify solutions, provide training, and facilitate communication between the employee and employer as appropriate.

The role of employment services in sharing information about disability

Employment services play an important role in helping jobseekers decide if, when, and how to share information about disability in the workplace. This support includes:

• helping jobseekers understand their options
• advising employers on their legal responsibilities and good practice
• identifying and supporting reasonable adjustments
• offering disability awareness training
• acting as a bridge between jobseekers with disability and employers.

Employment service providers can only share personal information or contact an employer with clear consent from the jobseeker. Some people may feel unsure about sharing information because they worry about how employers might respond. This may lead them to withhold details about their health or personal situation, or to ask that the employment service does not contact employers at all.⁴

Key strategies for success

If the person does decide to share information about their disability, here are some strategies to support that process.

• Respecting choice and rights at work – respecting employees’ control over sharing information about disability, maintaining privacy and focussing only on information that is relevant to the role.
• Planning the best time to share – there may be opportunities during the application process, at the job interview, when an employment offer is made, or at any time once the job starts. The goal should be that sharing enables support and adjustments to be provided.
• Understanding visible and non-visible disability – treating employees with dignity, understanding how disability may present differently and responding with appropriate workplace support and accommodations without assumptions or stigma.
• Sharing medication information only when necessary – requiring employees to share medication information only when side effects could affect safety or performance.
• Providing support after information about disability is shared – maintaining confidentiality and working together to implement reasonable adjustments, where required, so that both employee needs and workplace safety requirements are met.
• Protecting privacy and confidentiality – clearly defining privacy responsibilities for employees, employers, and employment service staff, ensuring information is shared only with consent and in line with legal obligations.