Should I Disclose a Chronic Illness to a Potential Employer?

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.
 

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?

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.