The answer to this question depends on whether your disability is apparent or non-apparent. Let’s explore this important distinction to help you better understand your rights and responsibilities.
Apparent Disabilities:
An apparent disability refers to a disability that is readily observable, often by sight or hearing, without the need for further inquiry or disclosure. These disabilities are overt and do not require an individual to explicitly inform their employer about their condition. Common examples of apparent disabilities may include:
- Mobility impairments that require the use of a wheelchair or mobility aid.
- Visible disfigurements resulting from a medical condition.
- Severe hearing or visual impairments that are immediately noticeable.
Non-Apparent Disabilities:
Non-apparent disabilities, on the other hand, are not immediately evident upon observation. These disabilities may involve conditions that affect an individual’s internal systems, mental health, or other aspects that are not externally visible.
Examples of non-apparent disabilities can include:
- Chronic pain conditions including back or joint pain.
- Mental health disorders, such as anxiety, depression, or post-traumatic stress disorder.
- Certain medical conditions like diabetes, epilepsy, or Crohn’s disease.
In cases of non-apparent disabilities, employees should disclose their condition to their employer and request reasonable accommodation when needed. The burden for non-apparent disabilities falls on the employee to initiate the conversation about their disability and accommodation needs.
The employee should report the disability as follows:
- Communicate your disability to someone with a duty to report the disability to the company’s management including Human Resources.
- Follow the company’s notification procedures.
Note: If an employer does not know about your disability, the employer can use “lack of knowledge” as a defense against disability discrimination.
- Mobility impairments that require the use of a wheelchair or mobility aid.
- Visible disfigurements resulting from a medical condition.
- Severe hearing or visual impairments that are immediately noticeable.
Matt’s Further Legal Perspective:
Employees with Apparent Disabilities
In cases where an employee has an apparent disability, employers are expected to possess “constructive knowledge” of the disability and the potential need for reasonable accommodation. The legal doctrine of “constructive knowledge” means that the employer is legally presumed to be aware of the disability, even if the employee has not explicitly disclosed it or made a formal accommodation request.
Discrimination against an employee based on an apparent disability is prohibited, and reasonable accommodation must be provided when necessary, even in the event of no notice, to enable the employee to perform their essential job functions.
