Letter of Application and/or Resume

Disclosure Of Disability In The Letter Of Application And/Or Resume

Developing an effective resume and letter of application is one of the main steps required to secure a position of employment. An applicant is required to demonstrate their skills, abilities, relevant experiences and interests and ensure that it is tailored to the particular position requirements.

To create an effective resume and letter, applicants need to develop the content that is appropriate and professional but also enlightening and relevant to the employer. It is important to research the market, the position, and employer expectations as well as implement self-assessment strategies to create a detailed, well-researched and focused application for the employer.

Applicants who have a disability may also start to consider their options around disclosing a disability at the point of writing their letter of application and resume.

Should Disclosure Occur

It is generally not considered standard practice for applicants to disclose their disability in their resume and/or application letter unless:

Disclosure of disability should not be the central issue of concern in the process of seeking employment . As with all steps in the job recruitment process, the emphasis in applying for employment should be on the skills and experiences of the applicant to meet the requirements of the position.

Application Forms

Some organisations require applicants to complete an application form as part of the recruitment process. Application forms are often used by organisations to obtain specific information about applicants, to readily make a direct comparison between applicants on the same issues and/or to assess their ability to express themselves in a concise manner.

Some application forms may also contain specific questions about disabilities and health issues. The following questions and answers may assist applicants with a disability and employers in understanding their rights, roles and responsibilities in asking and responding to disability specific questions in application forms:

Can Employment Application Forms ask About Disability?

Application forms should only ask questions about an applicant's disability if the information required assists to identify any work related adjustments required to ensure equal opportunity in the selection process.

'Employers should be cautious about including disability related questions in application forms, other than for the purpose of inviting applicants to identify any adjustments required to ensure equal opportunity in the selection process itself. Routine or standard questions should be reviewed to ensure that they are included for a good reason and not for discriminatory reasons. The Disability Discrimination Act (D.D.A.) (Section 30) specifically makes it unlawful to request information for the purpose of an act which is or would be unlawful' . (1)

Application forms may tend to ask disability specific questions to determine an applicant's ability to perform the inherent requirements of the job. Employers need to consider whether disability specific information is relevant to the inherent requirements of the position and if so whether it is more appropriate to ask these questions in an interview, rather than on an application form.

'Employers should note that questions which may be reasonable and permitted at interview, for example to examine whether a person's disability affects their ability to perform the inherent requirements of the job or to determine whether reasonable adjustment is required and possible, will not necessarily be regarded as reasonable or permitted in an application form' .(2)

A routine or direct question about disability, such as "have you ever had a mental illness?" in an application form may exclude or disadvantage applicants with a disability. If a question has this effect it may be considered discriminatory. These questions also tend not to relate to the inherent requirements of the position nor assist in identifying any work related adjustments required.

The Federal Privacy Act 1988 and other similar state privacy legislation requires government, large organisations and some smaller organisations to provide a statement on any form indicating how personal information will be used. Employers therefore are required to take reasonable steps to inform applicants about why they are collecting personal information, such as disability specific information, how they are using the information, whom they are disclosing the information to and how the information is to be stored. For further information refer to the Privacy and Confidentialitydocumentin this resource and/or the Federal Privacy Act website at http://www.privacy.gov.au

Is There a Legal Responsibility for an Applicant to Disclose their Disability in an Application Form?

There is no legal obligation for an applicant to disclose their disability in an application form. An applicant may choose to ignore the disability specific questions or answer the question(s) as 'Not Applicable'.

All applicants, including applicants with a disability, are however responsible for investigating and understanding the inherent requirements of the position to determine whether they are able to perform them in the position of employment. Applicants with a disability who require work related adjustments to meet the inherent requirements of the position may choose to disclose their disability when accepting a job interview, in the interview or when the position of employment has been offered.

Why Applicants Choose To Disclose

Stefan has decided to submit an application and his resume for a position with his local council. The position specifically requires applicants to have a good understanding of the barriers experienced by young people with a disability when seeking to participate in their local community. Stefan therefore, chooses to disclose his own disability to demonstrate his awareness of the issues and his resourcefulness in addressing them.

An applicant may choose to state or imply their disability status in their resume and/or application letter to:

Why Applicants Choose NOT To Disclose

Assunta considers that her disability will in no way effect her ability to successfully meet the selection criteria for the position in marketing for which she intends to apply. She recognises that the adjustments she may require, will be best discussed at the time of interview or appointment. For this reason Assunta has decided not to disclose her disability in her application.

An applicant may choose NOT to disclose their disability in their resume and/or application letter because:

To Whom Should Applicants Disclose?

If an applicant chooses to disclose their disability on their resumes, application letters and/or application forms, they are effectively disclosing their disability to the employer and/or selection committee convenor as well as the interview panel

It is the responsibility of the employer or selection committee convenor to ensure that any personal information is kept private and confidential and that this information does not negatively impact on the selection process.

What to Disclose

If an applicant chooses to disclose their disability in the application or resume, the disclosure should not be about the disability in general. Disclosure should only relate to the inherent requirements of the position and how work related adjustments might overcome any perceived problems.

An applicant may provide more specific information about their disability in their letter of application to address the specific criteria points. E.g. 'I am efficient in the use of technology with the assistance of a specialised program called 'Dragon Naturally Speaking' and 'Text Help'.

An essential requirement may be that the applicant has a disability or an understanding of disability issues E.g."My insulin dependency was seen as a plus when applying for a job as a Project Officer in Aboriginal Community Diabetes Programs". (4)

The Purpose Of Disclosing

The main purpose of disclosure at the point of applying for a position of employment is to:

Applicant: Rights And Responsibilities When Applicants Disclose Their Disability In A Letter Of Application Or Resume

Applicants have a right to:

The Disability Discrimination Act (DDA) 1992 requires that a person's disability should be taken into account where, and only where, it is relevant and fair to do so. The DDA makes discrimination unlawful at all stages of the employment process, from recruitment and selection to discrimination during employment or in dismissal.

Responsibilities:

Employer: Role And Responsibilities When Applicants Disclose Their Disability In A Letter Of Application Or Resume

Role:

Responsibilities:

These obligations, regarding people with a disability and also associates of people with a disability, apply in relation to the application process by " Determining who should be offered employment, including advertising, provision of job information, application forms, interview arrangements, selection tests, examinations and other inquiries' (6)

Footnotes