Students with Disabilities

Resources and support to help you determine the best course of action

Determining if, when, and how to disclose a disability to an employer depends on your unique situation, and there is no clear answer for when, if, and how to disclose a disability. Always understand your rights, and consult with the Director of Student Accessibility Services about your unique situation.

Questions

As an individual with a disability, am I protected by law in the workplace?

Do I need to disclose my disability to an employer?

Can an employer ask me if I have a disability or require me to take a medical test?

If I disclose, when should I do so?

How do I disclose my disability or ask for a reasonable accommodation?

What is a “reasonable accommodation” in the workplace?

If drug testing is a requirement, do I need to disclose any medication I am taking beforehand?

Can I be terminated because of my disability?

How do I participate in Off-Campus Study opportunities?

What do I do if I feel I have been discriminated against?

As an individual with a disability, am I protected by law in the workplace?

You are protected by the Americans with Disabilities Act (ADA), but only if you choose to disclose a disability to your employer.

Do I need to disclose my disability to an employer?

It is up to you to decide whether or not to disclose a disability to an employer, but if you choose not to, you will not be protected under the ADA. Many employees choose not to disclose their disability if they do not need an accommodation at work or would like to keep their disability private. Know that if you do disclose a disability, your employer is obligated to keep this information confidential.

Reasons you might decide to disclose your disability include:

- To obtain protection under ADA,
- To request an accommodation, or
- To relieve stress from “hiding” the disability.

Can an employer ask me if I have a disability or require me to take a medical test?

If you are applying for a job, an employer may ask whether you can perform the job and how you would perform the job, with or without reasonable accommodation. The employer may not ask you to answer medical questions or take a medical exam before a job offer. After you are offered the job, the offer may be made with certain conditions such as passing a medical exam, but all new employees in the same type of job must take the same exam—not just employees with a disability. Generally, once you are hired, an employer can only ask medical questions or require a medical exam if medical documentation is needed to support your request for accommodation.

If I disclose, when should I do so?

It is ultimately your decision when to disclose, and there are many possible variables to consider. For instance, individuals with apparent disabilities may have a different time frame than those with non-apparent disabilities. Timing options may include disclosing on a résumé, during an interview, after an offer has been made, or while you are working in the position. You are strongly encouraged to contact the Director of Accessibility Services to discuss your unique situation.

How do I disclose my disability or ask for a reasonable accommodation?

The process of preparing to disclose a disability or to ask for an accommodation is a process that includes understanding your strengths and challenges as they relate to the position, preparing and practicing a script, and disclosing to the employer. When disclosing, it is important to be positive, confident, and brief. Remember, you set the tone. If you are positive and relaxed, the employer will be, too. Contact Student Accessibility Services for additional information, practice, or support regarding this process.

Here are some additional tips that may be of help:

1. Be Positive: Discuss your courage, motivation, creativity, perseverance, work ethic, and other qualities that make you unique. Stress your strengths and the contributions you can make to the organization.

2. Be Honest and Open: Know your disability and ask specifically for the accommodations you need. Describe the positive outcomes that you could bring to the workplace that would result from accommodations being met.

3. Be Confident: You will teach your employer how to respond to your disability based upon the way you handle disclosing it. Share success stories of times you have overcome your disability.

4. Be Well-Researched: Know when and what type of accommodation you will need. Awareness of your needs and presenting them to your employer in a positive manner is the most successful approach to requesting accommodations and disclosing a disability.

5. Be Brief: Do not feel obligated to share more than you wish.

6. Be Aware: Many corporations are eager to recruit and hire people with disabilities. Know who they are and explore your options with those organizations.

What is “reasonable accommodation” in the workplace?

According to the U.S. Equal Employment Opportunity Commission (EEOC), “In general, an accommodation is any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities.” A reasonable accommodation does not change essential job functions and may vary depending on the size of the organization.

If drug testing is a requirement, do I need to disclose any medication I am taking beforehand?

Companies have the right to require a drug-free workplace, so regular or random drug testing may be a requirement in a variety of industries. If you are taking medication that would show up on a drug test such as stimulant medications for ADHD, antidepressants, seizure medication, and others, a “false positive” result may occur. As a result, you may want to disclose your use of certain medications prior to testing. However, you also have rights such as being given the opportunity to show medical documentation, being able to take a second test to confirm results, be provided with a copy of results, be given the chance to appeal any decisions related to results, and have all private information disclosed remain confidential. You should also be given an opportunity to explain positive test results before they are given to an employer or potential employer, and confirmation from a doctor may be required.

Can I be terminated because of my disability?

Employers can terminate an employee with a disability if the termination is unrelated to the disability, the employee does not meet essential requirements for the job (with or without an accommodation), the individual poses a direct threat to the health or safety of the workplace, or if an infraction is related to a disability that has not been disclosed.

How do I participate in Off-Campus Study opportunities?

We are dedicated to providing students with reasonable accommodations for Winter Term, May Term, and semester-long off-campus programs. You must be registered with Student Disability Services when requesting reasonable accommodations for all off-campus study programs.

The accommodations can vary based on the course selection, location of the course, and your unique needs. It is critical that you understand disability laws regarding accommodation and accessibility vary between countries. These laws can affect the accessibility of infrastructures, such as transportation, technology, architecture, classroom accommodations, and dietary needs. If you are interested in pursuing off-campus study, you should self-disclose any disability-related needs to Student Accessibility Services, if you have not done so previously. It is important to note that even though DePauw University is dedicated to meeting the needs of students with disabilities with reasonable accommodations, flexibility is helpful when exploring potential off-campus study opportunities. Each situation must be assessed on an individual basis to ensure the best fit and successful experience.

What do I do if I feel I have been discriminated against?

It is the employee’s responsibility to initiate a conversation with a supervisor or Human Resources. You should describe what has happened and work with your employer to resolve the matter. If the situation is not resolved, you could submit a formal grievance to your employer.