"Disclosure Options for Employment"

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I was clearing off my desk and found this chart, which I'd gotten in a workshop about disabilities and employment. Personally, I found it a helpful way to think about the issue, so I thought I'd share:

Page 1: http://i43.photobucket.com/albums/e381/ ... 010104.jpg
Page 2: http://i43.photobucket.com/albums/e381/ ... 010105.jpg

I've disclosed at #1, #8, and #9. The problem with #1 is that it's hard to really know why you didn't get a given job. The problems with #8 are obvious.

interesting. but i don't get why you'd have no legal recourse if your "disability" is discovered and they fire you. if you're fired because you have that "disability", even if you didn't tell them, it's still discrimination. of course i don't want to say aspergers is a "disability" but a "difference".

I'm not sure. But I do know that if you have an "invisible" disability like AS (and no, I don't see AS as a "disability" either) and you are fired due to AS, it can be really hard to prove that AS is why you were fired. If a company would rather fire you than give you accommodations (which sort of happened to me-- I wasn't fired, but I was demoted), they can just say that for whatever reason, it "wasn't working out". That's seen as a legit reason to fire someone.

well going on that logic, no matter what, if you get fired and it's obvious discrimination, you can't prove it because it'll only be your word against theirs so...oh well

Well yeah, it's definitely a problem. The ADA is notoriously hard to enforce.

Interesting. I will be job-searching through VESID first, so it will probably be disclosed at step zero.

figures.

That document seems to be poorly drafted and ignorant of reality.

Under the law, an employer may only ask if you have a disability which would prevent you from doing the job even with "reasonable" accommodation.

That is such a poorly designed gray area it isn't funny. "Reasonable" is based on the employer's perspective, and opening that door in an interview is a risk no sane applicant wants to take.

It would be better for that document to help a disabled person to determine how "obvious" their condition is and how well they can do a given job they are seeking without any accommodation. Once that is determined, then a realistic decision on when to disclose a condition must be made.

If you are on crutches or in a wheelchair, they will know your condition when they first interview you. If you have AS, they might never figure it out until you've been working there for a while.

The overall history shows that disclosure opens the door to discrimination, so the farther in the hiring process you can get without disclosure of your condition, the better.

And, the insinuation that failure to disclose could lead to negative consequences against the applicant is garbage. Legally, they can't ask and you don't have to tell. The most such a claim could be based on is if you say you can do a job, but you can't make it through most days without problems that destroy your productivity.

I don't see it as a disability either, but I am sure the government views it as such, and therefore is protected under the ADA

Hello,

When - if ever - to disclose is a decision every individual must make for him- or her-self.

I would disclose at #6 or #7; sometimes it's been #9. Just as pineapple said, #8 is problematic, not least because of credibility issues.

Keep in mind that under the Americans with Disabilities Act, the employer only has to give prospective accommodations - not retroactive ones. The employer is under no obligation to accommodate you for situations that arose before you told them of your disability. For example, if your boss, who doesn't know you're an Aspie, reprimands you because you got into an avoidable argument with a customer, even if it was due to your AS it may be too late.

It's a good idea in any case to be proactive; if you intend to disclose, do it before problems occur.

In any case, I personally would never disclose before receiving a final - and preferably written - job offer. It's all too easy to turn you down and find some other excuse. In fact, with the ADA in place you've got the worst of both worlds precisely because the employer knows that if they do hire you they're taking on increased obligations and legal risks due to your disability.

What do you think?

My ideal situation would be to be in a job that doesn't require things of me that I can't do-- I've had some jobs like this, and never needed to disclose. But the autistic spectrum is just that, a spectrum, and so what's easy for one of us might be impossible for another one of us. You need to be able to get a feel for people and situations to know if disclosing could be a good idea, however, that's precisely what a lot of us aren't that good at. I've disclosed in situations when I didn't have much to lose. If your job is going fine though, disclosing doesn't seem like a good idea.

So, what constitutes disclosure?

On the application for my current job it stated: 'Do you have a Disability?' Yes/No - I put yes. Is that disclosure or is disclosure specifically telling them your disability and telling them exactly how that may show if you were to work for them?

I ask because I have gotten into trouble recently at work and it seems one of my bosses is looking to fire me.

Legally, they aren't even supposed to ask that question. The closest they can get is to ask if you have a disability which would prevent you from doing the job even with reasonable accommodation. It is (by itself) a stupid question, but I suppose it's intended to weed out applicants who shouldn't be hired because they know they can't do the job.

I think we should have a law that only allows companies to ask about disability once a formal written job offer is made. I think most companies in the UK do this. And unless the disability is obviously going to cause problems then the law should state that those declaring disabilities should be given a probation period. Or even better, disclosure should only be required after the probation period. I don't think the UK government consider all Aspies to have a disability. Here I think we decide on a case by case basis with the help of a doctor. It is catch 22 though, because employers can decide themselves if you have a disability and so while the government might say you don't have a disability, the employer may say you do. So that leaves you with no job, and also not being recognised for benefits for disabled people. We are the hot potatoes of society.