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Should I Disclose a Chronic Illness to a Potential Employer?

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published April 09, 2007

By CEO and Founder - BCG Attorney Search left

I recently represented a candidate who sent me information via email for his cover letter. I had asked him, ''Have you always known you wanted to be a lawyer?'' His response was ''no.'' In fact, he had always wanted to be a doctor. However, he had inherited a progressive neuromuscular disease that prevented him from pursuing a career in medicine.
 
Should I Disclose A Chronic Illness To A Potential Employer?

This candidate volunteered quite a bit of information about the disease and how it had affected him thus far. However, I wasn't sure how or whether he wanted to discuss his illness with the firm. The disease was not life threatening, and it did not affect his performance, but he did have some physical side effects that would continue to progress.

Ultimately, he had to decide how to relay the information to the firm, if at all. However, if he had asked me to advise him on how to approach the firm, I would not have been prepared with a response.

This experience led me to conduct some research regarding whether or not candidates should disclose chronic illnesses when interviewing with potential employers. Legally, you are not required to disclose an illness. Employers are not allowed to ask personal questions during interviews, including questions about disabilities.

Candidates do not have to divulge the natures of their conditions because the important factor is one's capacity to work rather than one's condition. (Note: Federal disability law bars most employers from asking about applicants' ailments. However, the U.S. Supreme Court has ruled that a company may refuse to hire a prospect whose medical condition might be worsened by a particular job.)

Determining whether to disclose information about a chronic illness is an ethical decision that must be made individually. However, most sources state that it is wise to disclose a chronic illness to one's potential employer at some point during the hiring process.

Why?

By divulging an illness to an employer from the outset, you are establishing respect and confidentiality. You are telling the firm that you are going to be responsible for managing your condition and that your employer will only be responsible for providing you with reasonable support.

If, in fact, your illness will impact your ability to do your job or how you will do your job, then you will likely be forced to discuss it sooner or later. It is your responsibility to get your job done. If an illness is preventing you from doing this and you need something from your employer in order to complete a task, then you will have to discuss it.

If you go ahead and disclose information during the interview, you and your employer will be on the same page when you are hired. Your employer will recognize that your decision to disclose your illness indicates you will likely be a trustworthy, reliable member of the team.

When?
United States

If your illness or disability is not obvious, it is probably not necessary to discuss it during the initial interview. As it is for all other candidates, the first interview is a time for you to assess the firm, potential coworkers, and the general environment.

You are going to be interviewing because you believe you can do the job and your illness is secondary. This should be brought up after those interviewing you get to know you, have made the decision to extend an offer, and have started negotiations. This way, during the negotiation phase, both sides will have all of the necessary information. You will have some control and may provide yourself with some critical flexibility.

How?

Be matter of fact. The point you will want to convey is "This is the situation, and I only need a few minor accommodations to do my job." It's not necessary to provide numerous details about your illness or symptoms. Describe your condition in simple terms, stating how it impacts your work life and what you will do to ensure it doesn't interfere with your ability to fulfill the duties of your position or the abilities of others to do the same.

What if you do not want to reveal an illness to an employer during an interview? If the illness affects job performance, some employers may resent your secrecy later—particularly if you know that your chronic illness will impact your work life (i.e., you will need to leave for doctor's appointments, you will have to spend a significant amount of time out of the office, or you will require unique accommodations). Your employer might consider you untrustworthy; if so, you will have to work hard to prove that you can be trusted.

In addition, if you don't discuss your situation prior to accepting an offer, you won't have the opportunity to assess how "open and friendly" the firm really is. Do you want to work in a place where your personal needs are seen as burdens? In addition, employers can find millions of other reasons not to hire you. If an employer declines to hire you because of your illness, again, will you really be disappointed about not working for a firm that reacts in this way?

What happens if you never disclose a chronic illness to your firm? Many people with chronic illnesses find themselves under intense pressure when attempting to conceal their health issues. Handling day-to-day stress is difficult enough without the added burden of dealing with a hidden illness. If issues remain unresolved because you are trying to keep your situation to yourself, a crisis may arise (and typically will), and you could lose your job.

In the final analysis, you should weigh the pluses and minuses of exposing your illness to an employer. There really is no right or wrong way to handle it. But if you put all your cards on the table at some point during the hiring process, you will set the tone and send a message. You will establish, from the beginning, that it won't be a problem, and it won't look like you're trying to hide something.

Some suggestions to keep in mind when discussing your illness with an employer include:
  • Know the facts about your illness.
  • Minimize concern by keeping it simple. Don't give too many details.
  • Don't get emotional when discussing your illness with your employer.
  • Remember that how you deal with a chronic illness sends a message. You can demonstrate strength.
  • Others will treat your illness the same way you do. Set your own example.

About Harrison Barnes

No legal recruiter in the United States has placed more attorneys at top law firms across every practice area than Harrison Barnes. His unmatched expertise, industry connections, and proven placement strategies have made him the most influential legal career advisor for attorneys seeking success in Big Law, elite boutiques, mid-sized firms, small firms, firms in the largest and smallest markets, and in over 350 separate practice areas.

A Reach Unlike Any Other Legal Recruiter

Most legal recruiters focus only on placing attorneys in large markets or specific practice areas, but Harrison places attorneys at all levels, in all practice areas, and in all locations—from the most prestigious firms in New York, Los Angeles, and Washington, D.C., to small and mid-sized firms in rural markets. Every week, he successfully places attorneys not only in high-demand practice areas like corporate and litigation but also in niche and less commonly recruited areas such as:

  • Immigration law
  • Workers’ compensation
  • Insurance defense
  • Family law
  • Trusts & estates
  • Municipal law
  • And many more...

This breadth of placements is unheard of in the legal recruiting industry and is a testament to his extraordinary ability to connect attorneys with the right firms, regardless of market size or practice area.

Proven Success at All Levels

With over 25 years of experience, Harrison has successfully placed attorneys at over 1,000 law firms, including:

  • Top Am Law 100 firms such including Sullivan and Cromwell, and almost every AmLaw 100 and AmLaw 200 law firm.
  • Elite boutique firms with specialized practices
  • Mid-sized firms looking to expand their practice areas
  • Growing firms in small and rural markets

He has also placed hundreds of law firm partners and has worked on firm and practice area mergers, helping law firms strategically grow their teams.

Unmatched Commitment to Attorney Success – The Story of BCG Attorney Search

Harrison Barnes is not just the most effective legal recruiter in the country, he is also the founder of BCG Attorney Search, a recruiting powerhouse that has helped thousands of attorneys transform their careers. His vision for BCG goes beyond just job placement; it is built on a mission to provide attorneys with opportunities they would never have access to otherwise. Unlike traditional recruiting firms, BCG Attorney Search operates as a career partner, not just a placement service. The firm’s unparalleled resources, including a team of over 150 employees, enable it to offer customized job searches, direct outreach to firms, and market intelligence that no other legal recruiting service provides. Attorneys working with Harrison and BCG gain access to hidden opportunities, real-time insights on firm hiring trends, and guidance from a team that truly understands the legal market. You can read more about how BCG Attorney Search revolutionizes legal recruiting here: The Story of BCG Attorney Search and What We Do for You.

The Most Trusted Career Advisor for Attorneys

Harrison’s legal career insights are the most widely followed in the profession.

Submit Your Resume to Work with Harrison Barnes

If you are serious about advancing your legal career and want access to the most sought-after law firm opportunities, Harrison Barnes is the most powerful recruiter to have on your side.

Submit your resume today to start working with him: Submit Resume Here.

With an unmatched track record of success, a vast team of over 150 dedicated employees, and a reach into every market and practice area, Harrison Barnes is the recruiter who makes career transformations happen and has the talent and resources behind him to make this happen.

A Relentless Commitment to Attorney Success

Unlike most recruiters who work with only a narrow subset of attorneys, Harrison Barnes works with lawyers at all stages of their careers, from junior associates to senior partners, in every practice area imaginable. His placements are not limited to only those with "elite" credentials—he has helped thousands of attorneys, including those who thought it was impossible to move firms, find their next great opportunity.

Harrison’s work is backed by a team of over 150 professionals who work around the clock to uncover hidden job opportunities at law firms across the country. His team:

  • Finds and creates job openings that aren’t publicly listed, giving attorneys access to exclusive opportunities.
  • Works closely with candidates to ensure their resumes and applications stand out.
  • Provides ongoing guidance and career coaching to help attorneys navigate interviews, negotiations, and transitions successfully.

This level of dedicated support is unmatched in the legal recruiting industry.

A Legal Recruiter Who Changes Lives

Harrison believes that every attorney—no matter their background, law school, or previous experience—has the potential to find success in the right law firm environment. Many attorneys come to him feeling stuck in their careers, underpaid, or unsure of their next steps. Through his unique ability to identify the right opportunities, he helps attorneys transform their careers in ways they never thought possible.

He has worked with:

  • Attorneys making below-market salaries who went on to double or triple their earnings at new firms.
  • Senior attorneys who believed they were “too experienced” to make a move and found better roles with firms eager for their expertise.
  • Attorneys in small or remote markets who assumed they had no options—only to be placed at strong firms they never knew existed.
  • Partners looking for a better platform or more autonomy who successfully transitioned to firms where they could grow their practice.

For attorneys who think their options are limited, Harrison Barnes has proven time and time again that opportunities exist—often in places they never expected.

Submit Your Resume Today – Start Your Career Transformation

If you want to explore new career opportunities, Harrison Barnes and BCG Attorney Search are your best resources. Whether you are looking for a BigLaw position, a boutique firm, or a move to a better work environment, Harrison’s expertise will help you take control of your future.

? Submit Your Resume Here to get started with Harrison Barnes today.

Alternative Summary

Harrison is the founder of BCG Attorney Search and several companies in the legal employment space that collectively gets thousands of attorneys jobs each year. Harrison’s writings about attorney careers and placement attract millions of reads each year. Harrison is widely considered the most successful recruiter in the United States and personally places multiple attorneys most weeks. His articles on legal search and placement are read by attorneys, law students and others millions of times per year.

More about Harrison

About LawCrossing

LawCrossing has received tens of thousands of attorneys jobs and has been the leading legal job board in the United States for almost two decades. LawCrossing helps attorneys dramatically improve their careers by locating every legal job opening in the market. Unlike other job sites, LawCrossing consolidates every job in the legal market and posts jobs regardless of whether or not an employer is paying. LawCrossing takes your legal career seriously and understands the legal profession. For more information, please visit www.LawCrossing.com.
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