You will agree that sharing personal information always raises apprehension, let alone sharing your medical history. Juggling workplace transparency and personal health privacy can be taxing for both employees and employers.
So, do you choose to safeguard individual privacy, or should you go for the bigger picture – accommodation, workplace safety and equal opportunity? That’s the sweet dilemma! While employees have their right to privacy when it comes to health matters, some circumstances can call for disclosure for better accommodation, individual safety and that of other employees, especially for those living with “invisible” health conditions and disabilities.
So, when should you disclose your health status? Remember, disclosure affects both the employee and employer in terms of legal protection, accommodations and job responsibilities.
Employee Health and Privacy: When should you break the silence?
Reasons for disclosing your health condition depend on various factors such as individual circumstances, legal requirements and workplace policies. Let’s look at some circumstances in which you can be required to disclose your health history.
1. When Requesting Accommodations
If you have a condition and require your employer to make some necessary adjustments and accommodations to enable you to discharge your duties effectively, then that would be a good time to disclose your health condition.
According to the Disability Discrimination Act 1992, employers are required by law to provide any reasonable adjustments in the workplace to accommodate their employee when requested to do so.
When disclosing your health situation, do it early enough before the beginning of a project. According to the law, employers are to factor in your condition when it is relevant and tied back to the role you’ll be performing. Do it early in advance to avoid frictions and inconveniences.
2. For Safety Concerns
If your disability or medical condition poses a safety threat to yourself or your colleagues at work, then it would be preferable for you to disclose your health status, although there is no legal requirement to do so. However, it is important to remember employees as well as employers have a duty of care to prevent risk to themselves and / or others in the workplace. Disclosure will assist management to take the necessary measures to ensure everyone is fit and safe to carry out the duties assigned to them.
3. When You Can’t Perform At The Highest Level
If your psychological or medical condition doesn’t allow you to perform duties optimally, then you should consider disclosing your condition. This way, your employer can explore support mechanisms or design accommodations to bring you on board.
4. For Insurance Or Benefits
Some insurance plans require you to disclose your health condition. That calls for disclosure if you will be covered under those plans. In the same way, if you are applying for disability benefits through your employer, you will be required to share your medical history.
5. When It Is The Law
The law is the law, right? Some jurisdictions require employees living with disabilities to disclose the conditions that could hinder them from performing certain functions in the workplace. Safety at work or long term absence could be other reasons you might be required to disclose your medical history to your employer.
But I Don’t Want To Share My Medical Condition…
Always remember that you don’t have to share everything about your health. You’re only required to disclose conditions that will affect your role in the workplace. You don’t have to go into every detail of your health – after all, your employer is not usually your doctor!
You don’t have to disclose your condition if it does not foreseeably place the health and safety of you or others at risk, and:
- You are concerned about harassment and discrimination in the workplace
- Your condition won’t affect how you discharge your duties at work
- You’re certain your employer won’t support you
- You feel you have adequate support outside work and don’t require it in the workplace
However, safety is the key here. You must do everything reasonably practicable to mitigate a safety risk in the workplace.
Remember, you have the right to privacy unless it is legally required to disclose your health condition. In addition, you have the right to decide how much you need to disclose. With that said, however, always be honest about your condition if you’re confident it will impact your work and workplace safety.
Can my employer support me?
After disclosing your condition, you may fear how others will respond to your condition. In most cases, the news will be received well, and the proper adjustments made to accommodate your condition, such as:
- Making workspace changes
- Flexible/reduced working hours – this might also include working remotely
- More frequent breaks and off days
- Providing additional support like screen reading software or headsets
- Taking your condition into account when assessing your performance
- More understanding relationships with your fellow workers
In most cases, your employer will support you. In fact, JobAccess can give your employer an Employment Assistance Fund to take care of you better.
Final Thoughts
Disclosing a medical condition, psychological concern, or disability at work is a personal choice—there is no legal obligation to do so. However, it’s important to balance your right to privacy with your responsibility to help maintain a safe and healthy workplace for yourself and others.
At ESN, our experienced Psychologists and Consultants are skilled in navigating these complex situations with sensitivity and professionalism. We can help implement supportive, tailored interventions that ensure everyone’s needs are understood and respected.
Article References
https://humanrights.gov.au/our-work/disability-rights/disability-discrimination
