Disclosing your disability to your employer in Australia: Rights, choices, and support for people with progressive neurological conditions
Disclosing a disability in the workplace is a deeply personal decision. In Australia, individuals with disability are protected under the Disability Discrimination Act 1992 (DDA), which ensures equal opportunity and prohibits discrimination in employment. Whether you're starting a new job or already employed, understanding your rights and the implications of disclosure can empower you to make informed choices that support your wellbeing and career.
At MSWA, we support people living with neurological conditions in Western Australia. Our Specialist Employment Support Team routinely have conversations with our Clients regarding workplace disclosure, particularly when our Clients are changing employers, to support and empower them to make the decision that’s best for them. In this article, we explore common queries and uncertainty around disclosing a disability to an employer.
Do I have to disclose my disability to my employer?
In most cases, you are not legally required to disclose your disability to an employer or potential employer.
Your neurological condition or disability is considered private information, and the decision to share it is entirely yours. However, disclosure becomes important if:
- Your disability affects your ability to perform the inherent requirements of the job or,
- You need reasonable adjustments to carry out your duties safely and effectively .
If you believe that you can maintain your work role, continue to complete required work tasks and do not present a risk to yourself, others or the organisation, you may choose to delay disclosure or not disclose at all.
However, if your role involves for example, driving heavy commercial vehicles and you experience regular episodes of blurred vision and visual fatigue due to optic neuritis in warmer weather, this would typically require you to notify your employer to allow them to consider workplace adjustments such as cooling aids or modifying work hours or shifts to manage this barrier.
Disclosing a disability to an employer can be a daunting and overwhelming, it is important before you proceed to ensure you are solutions focussed, have support and choose the right time and setting.
Reasons you might choose to disclose
Despite not always being legally required to do so, there are several reasons why someone might choose to disclose their disability at work.
1. Access to reasonable adjustments
Employers are legally obligated to provide reasonable adjustments unless doing so would cause unjustifiable hardship. These adjustments can include physical modifications, assistive technologies, flexible work arrangements or changes to job tasks. The MSWA Specialist Employment Support Team can help you to access JobAccess to fund any work specific disability items that would cause unjustifiable hardship on your employer.
2. Changing circumstances
If your neurological symptoms progress or you acquire additional comorbidies, disclosure allows your employer to reassess and support your needs appropriately
3. Workplace changes or change of employment
If your role or environment changes in a way that impacts your ability to work, disclosure can prompt necessary support. It is not uncommon for Clients to wait until after their probationary periods with a new employer before they disclose their disabilities, when they feel more comfortable and feel that it would be less of a risk that would be judged on their disabilities rather than their performance.
4. Promoting inclusion
Some individuals choose to be open about their disability to foster a more inclusive workplace culture and challenge stigma that still exists in the community, particularly if they believe that their employer will be supportive of them.
What employers can and cannot ask
Under the DDA, it is unlawful for employers to ask for unnecessary personal information about your disability.
Employers can only ask questions that are relevant to:
- Determining your ability to perform the job’s inherent requirements, and
- Identifying necessary workplace adjustments.
You are not required to disclose your full medical history. Instead, focus on how your disability affects your work and what support you need.
I have to disclose disability to an employer...how do I start the conversation?
If you decide to disclose your disability to an employer, consider the following tips:
- Choose the right time and setting: A casual meeting or performance review may be appropriate.
- Bring support: You can ask a trusted colleague or friend to join the conversation or role play with your employment consultant at MSWA before the meeting.
- Be clear and solutions focused: Share how your disability affects your work and what adjustments would help. You can also mention that the team at MSWA can organise funding for any disability specific aids and support to reduce the burden on your employer.
- Use available tools: JobAccess offers a Conversation Guide to help structure discussions around workplace adjustments which can be downloaded as per the link below: JobAccess Workplace Adjustments Conversation Guide
Your privacy is protected
Australian privacy laws ensure that any information you share about your disability is kept confidential. Employers and colleagues cannot share this information without your consent.
If you experience inappropriate questions or comments, you can raise concerns with your manager or HR department.
Legal protections and responsibilities
The DDA ensures that people with disability have equal access to employment opportunities. Employers must:
- Provide reasonable adjustments.
- Ensure equal terms and conditions of employment.
- Avoid discrimination during recruitment, promotion and training .
If an employer fails to meet these obligations, it may constitute unlawful discrimination. You can lodge a complaint with the Australian Human Rights Commission if you believe your rights have been violated.
Real world examples
JobAccess is a government-funded service that provides free, confidential advice and resources for people with disability and employers. Real stories shared on the JobAccess website highlight how disclosure can lead to positive outcomes.
Real Stories: Disclosing Disability in the Workplace | Job Access
Making the decision: a personal journey
Deciding whether to disclose your disability is a personal journey influenced by your circumstances, workplace culture and support needs. Some people feel empowered by being open, while others prefer privacy. Both choices are valid.
If you're unsure, consider using tools like the pros and cons worksheet offered by the Human Rights Commission to weigh your options. Remember, 4.4 million Australians identify as having a disability, you are not alone
Whether you choose to disclose or not, know that your rights are protected, and support is available to help you thrive in your career.
If you have an acquired neurological condition, including MS, Parkinson’s Disease or Stroke and would like support, please contact the MSWA Specialist Employment Support Service on 08 9365 4888 or via email [email protected]
