Disability Support | Guidance for Managers | Disclosures
Disability in the workplace
This guide provides line managers with information on how to manage a disclosure of disability from a colleague. Management has a key role to play in making workplaces inclusive and reducing stigma around disability.
Managing a Disclosure
What is a disclosure?
Disclosure
In the context of disability in the workplace, disclosure is the decision of an employee to inform their line manager or employer that they have a disability. Disclosure is welcomed by the University as this ensures that the appropriate supports and reasonable accommodations can be put in place to enable a person with a disability to participate fully and equally in the University.
Deciding whether or not to tell others about a disability is a personal decision. People with a disability may have concerns that disclosing their disability could impact their career progression or day-to-day relationships with colleagues. It is vital therefore that individuals choosing to disclose are treated with respect, inclusivity and that confidentiality is maintained where requested.
Disclosure of personal and medical information is strictly private and confidential. Any information disclosed to a line manager and/or a member of staff in DCU People will not be provided to anyone else, unless there is prior consent from the individual concerned. Individuals can provide formal confirmation that they are disclosing their disability via the Reasonable Accommodation Request Form which can be found in the Policy’s Toolkit.
When an employee discloses a disability to their line manager, the University is considered to be aware of this information and assumes a duty of care to provide appropriate support. Therefore, it is essential that the line manager promptly informs the Disability Liaison Officer in DCU People. The disclosure will be recorded securely and confidentially in the employee’s personnel file.
If a person does not inform the University or their line manager of their disability and it is not reasonable for the manager to know that the person has a disability, then they as the employer are not deemed to know; therefore they are not liable if reasonable accommodations are not provided.
A person can decide to disclose their disability and request reasonable accommodations at any time throughout their employment in DCU. It’s important to be aware that an individual’s needs may change over time.
What information does an employee disclose?
When disclosing, employees do not need to share the detailed nature of their disability as line managers often do not require this information.
Disability disclosure is only important if it affects (or can potentially affect) an employee's ability to perform the essential functions of the job. The most important and helpful information includes:
- How the disability affects ability to perform the essential functions of the role
- What supports and/or reasonable accommodations an employee may require
Employees may wish to provide the following additional information to you as their line manager:
- General information about their disability
- Why they have chosen to disclose
- The types of accommodations that may have worked for them in the past
- The types of accommodations that they may require in the future
- How their disability and other life experiences can positively impact on their performance
Creating a culture that supports disclosure
Culture of Support
By building a culture which is positive towards employees with disabilities and providing access to reasonable accommodations, we can increase the likelihood that employees will disclose and access the supports that they need.
It is vital that as a line manager you understand the role you play in creating the culture of trust that is needed to encourage disclosure.
Role Modelling: individuals will be influenced by how they see others with disabilities being treated by you (are they still included, promoted, seen as valuable team members after disclosing).
Understanding and Openness: showcasing that the department actively supports disabled colleagues and considers disability in activities and events. For example, are disability supports mentioned in department-level inductions? Are department activities and social events accessible for those with disabilities?
Confidentiality: individuals must have confidence in the confidentiality of processes.
Consistent Processes: needs assessment, reasonable accommodation and any other relevant processes being explained and followed in a timely manner.
Confidentiality
Employees with disabilities have the right to keep information about their disability private. It is not necessary to inform colleagues about their disability, or their need for accommodations, unless express permission has been given. While colleagues may be aware of the accommodations, they are not entitled to know why these have been provided unless an individual has given written permission for this.
Under Irish employment legislation DCU is required to keep employees’ disability and medical information confidential.
Confidentiality of Reasonable Accommodation Form
A copy of the form will be maintained by DCU People. This is stored in a secure file, in line with the Data Protection Legislation and university policy.
Safety of employees – exception to confidentiality
If you as a manager have good reason to believe that the safety of the employee who has disclosed a disability, or the safety of another person, may be endangered unless information is shared – you have a duty of care to disclose and seek specialist advice. If you believe an employee may be endangered, you should flag this with your DCU People Partner who will provide guidance on the next steps and who this information can be further shared with.
Step by Step Process
What should I do if an employee discloses their disability to me?
Acknowledge that they have shared this information. Approach the conversation with empathy and respect, and do not make assumptions about the person’s disability.
Reassure them of confidentiality - maintain this at all times unless you have written permission from them to share this information.
Request that they complete a Reasonable Accommodation Request Form, where appropriate.
- If they do not want/need reasonable accommodations at this time, follow up by email to confirm this and ask them to come back to you if they require accommodations at a later date.
- If they do want reasonable accommodations, send them an email outlining the next steps and set up a meeting to support with the completion of the Reasonable Accommodation Request Form, if it’s not already completed.
Supporting an employee who does not want to disclose their disability to others
Take time to talk to the employee and explain the process and Reasonable Accommodation Request Form or refer them to the EDI Unit or their People Partner in the first instance, who they can contact in confidence.
Reassure the employee of the confidentiality of the process – explain how information will be stored and who it would be required to be shared with at each stage of the process.
Explain that certain key people may need to know about their disability (if appropriate) in order to provide accommodations and make their work environment accessible (for example if equipment is required). The employee will be informed of who specifically needs to be contacted at each stage.
Explain that the decision not to make information available to others may impact on the type and level of accommodation they receive. Confirm in writing the accommodations that will be put in place and the limitations on these owing to the requirement for confidentiality by the employee.