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Disclosure
Of Disability at a Job Interview
Applicants who have
a disability may also need to consider their options about disclosing
a disability in the job interview.
For applicants with
an obvious disability, disclosure at an interview is inevitable. The issue
is therefore not 'should disclosure occur' but how disclosure is addressed
and managed in the interview to ensure an effective outcome.
For applicants with
a hidden disability, the personal choice to disclose a disability can
be made at the interview, when a job offer has been made, when employed
in the position or not at all. If an applicant with a hidden disability
chooses to disclose in an interview, consideration needs to be given as
to how disclosure should be addressed and managed to ensure an effective
outcome.
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Why
Applicants May Choose To Disclose At A Job Interview
Renee has
been notified of an interview time for a position which involves working
with people with disabilities. Renee has decided to disclose her disability
in the interview, as a means of demonstrating her understanding of disability
issues and ability to work with people with a range of needs.
Applicants may choose
to disclose their disability at a job interview to:
- reflect on their
life experiences which may be relevant to the position
- demonstrate its
relevance to the position of employment
- demonstrate personal
qualities, abilities, problem solving skills and other work based skills
that may have been developed as a consequence of the applicants disability
- provide specific
information about their disability to dispel any mistaken or stereotyped
views about their ability to perform in the job
- provide information
about their disability and how they manage it in their daily life and
workplace
- explain their disability,
how it may affect them in the job and possible work related adjustments
to overcome any limitations
- describe how they
would undertake the inherent requirements of the position
- identify any work
related adjustments requirements that the applicant may deem as essential
and how these had been achieved in previous employment, education and/or
other experiences
- reduce the possibility
of the interviewers becoming distracted by their disability and to focus
on the applicant's ability to do the job.
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Why
Applicants May Choose NOT To Disclose Their Disability At A Job Interview
Although Josette
is aware that she will require some minor work related adjustments if
she is the successful applicant for the position as dental hygienist,
she has decided not to disclose her disability or to negotiate for those
adjustments, until she is offered a position. Josette believes that
to raise her disability at the time of interview, may simply become
a distraction, detracting from the real purpose of the interview, to
demonstrate her skills and knowledge.
Applicants may choose
NOT to disclose their disability at a job interview because:
- it may not be appropriate
or relevant when demonstrating their ability to perform in the job
- the information
may be perceived in a negative or discriminatory manner
- the interview panel
may focus on the applicant's disability, not on their abilities
- the disability
has no effect or impact on the applicant's ability to meet the inherent
requirements of the job.
- the applicant may
not require work related adjustments in the job
- The applicant's
disability may be in remission and therefore not considered relevant
to the interview process.
What
To Disclose?
Applicants need to
be prepared about how they would like to disclose their disability at
the job interview. It is important that the information presented is clear
and concise and relevant to the interview process. Very often it is not
essential to disclose in-depth medical or personal information about a
disability.
The type of information
that an applicant may present about their disability to the interview
panel may include:
- what the disability
is
- why they have chosen
to disclose their disability
- how the disability
and life experiences may positively impact on the position
- management strategies
to effectively work in the position
- the type of work
related adjustments that may be required in the job.
How disability information
may be presented at the interview:
- applicants with
an obvious disability who choose to disclose at the interview, should
consider disclosing at the beginning of the interview. This often prevents
the interview panel from becoming distracted about the nature of the
applicant's disability
- applicants with
a hidden disability who choose to disclose at the interview, should
plan to disclose in a positive way. Describe the disability, how it
may impact on the job, the work related adjustments, and how these may
have been achieved in previous employment, education and/or other experiences
- try to explain
the disability, how it was acquired and how this may relate to the requirements
of the job. A direct approach may allow the interview panel to concentrate
on the applicants' answers and on their ability to do the job
- use achievements
and experiences that relate to the disability to demonstrate acquired
skills such as problem solving skills, negotiation skills, organisational
ability and other work-based skills
- develop a plan
to discuss work related adjustments required. Reflect on previous jobs,
experiences in the education environment and other personal experiences
that demonstrate capabilities and work related adjustments negotiated
to meet the inherent requirements of the job.
- provide information
about possible work related adjustments and the advantages in enhancing
the applicants' ability to achieve the requirements of the job.
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To
Whom Should The Applicant Disclose?
If an applicant wishes
to disclose their disability in a job interview, it is to be directed
to the interview panel. If an applicant has disclosed their disability
in their application letter or prior to the interview, it is important
to follow through with this information at the job interview.
It is the responsibility
of the interview panel to ensure that any personal information is kept
private and confidential and that this information does not negatively
impact on the interview process.
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The
Purpose Of Disclosure
The main purpose of
disclosing a disability in an interview is to:
- demonstrate how
the applicant's disability is relevant to the position (if the position
is specifically targeting a person with a disability)
- dispel any mistaken
or stereotyped views about the applicant's ability to perform in the
job
- demonstrate that
the applicant can meet the inherent requirements of the position
- highlight the need
for work related adjustments.
It is essential that
applicant's state their purpose in disclosing. This ensures that disclosure
can achieve a beneficial outcome.
Disclosure is most
effective when the applicant is
"
knowledgeable
about their disability and (is) able to articulate both their disability-related
needs and their (skills)." (2)
It is not usually
necessary to provide a detailed account of the disability or medical condition
in a job interview, but what is most helpful is being able to provide
a clear statement of how the disability impacts on the applicant's capacity
to work and what specific support would be required.
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Applicants:
Rights And Responsibilities When Applicants Disclose Their Disability
In The Job Interview
Applicants have
a right to:
- a fair and equitable
interview process that focuses on the applicant's abilities and any
possible work related adjustments to meet the inherent requirements
of the job
- have information
about their disability treated confidentially and respectfully
- appropriate and
respectful questioning of their disability for the purpose of identifying
their ability to meet the requirements of the position and any work
related adjustments required
- have information
about their disability used by the interview panel only for the purposes
of determining their merit in meeting the inherent requirements of the
job
- appropriate adjustments
and support in the job interview, to enable them to effectively demonstrate
their skills and abilities in the interview
- discuss work related
adjustments in a job interview to demonstrate their ability to meet
the inherent requirements of the position.
Applicants are
Responsible for:
- discussing with
the prospective employer, convener of the interview panel or a member
of the interview panel any disability specific requirements needed for
the interview
- informing the
manager/convener/panel in a timely manner about the need for reasonable
adjustments in the interview
- identifying appropriate
and reasonable work related adjustments with the interview panel when
negotiating possible adjustments in the job.
- negotiating
the type
of work related adjustments with the employer. Work related adjustments
are subject to negotiation with the employer to identify the most appropriate
adjustments for the work environment.
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Interview
Panel: Role And Responsibilities When Applicants Disclose Their Disability
In The Job Interview
It is the role
of the Convenor of the panel or person conducting the interview process
to:
- treat all applicants,
including applicant's with a disability, with respect and dignity
- focus on each applicant's
skills and abilities to determine their merit in meeting the inherent
requirements of the job
- focus on the applicant's
abilities, not on their appearance, disability or other unassociated
issues
- conduct the interview
process in the same manner for all applicants
- assess the applicants
ability to meet the inherent requirements of the position, including
the type of work related adjustments that may be required to meet the
inherent requirements.
Responsibilities:
1. Appropriate
Language And Actions
When interviewing
an applicant with a disability, the use of appropriate language and actions
ensures that the applicant is treated in a respectful and dignified manner.
Language:
When referring to
a person with a disability, it is important to refer to the person first
before the disability i.e.
- person with a disability
not disabled or handicapped person
- person who is deaf
or hearing impaired not deaf and dumb person
- person with an
intellectual disability not intellectually disabled person.
Don't use words with
negative, derogatory or patronising connotations such as: 'courageous',
'handicapped', 'special', 'poor unfortunate victim', 'cripple', 'deaf
mute', 'deaf and dumb', 'deformed', 'invalid', 'lame', 'arthritic', 'epileptic',
'spastic', 'spaz', 'schitzo', 'mental', 'retard', 'retarded', 'afflicted',
'withered', 'stricken', 'wheelchair-bound', 'wheelie' or 'confined to
a wheelchair'(3) .
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Actions:
Below is an excerpt
from the Resource Employ Able, Employing People with a Disability in
the NSW Public Sector, that outlines some suggested strategies in
using appropriate actions when interviewing applicants with a disability(4)
:
- use a normal tone
of voice when extending a welcome. Do not raise your voice unless requested
to do so.
- shake hands even
if the person has limited hand use or wears an artificial limb. A left-hand
shake is acceptable. If the person cannot shake hands, welcome them
and acknowledge their presence.
- look and speak
directly to the person rather than through a companion or aide whom
the person may have with them
- if an interpreter
is present, speak to the person, not the interpreter, and maintain eye
contact with them
- offer assistance
with dignity and respect. Be prepared to have the offer declined, or
if it is accepted, to listen to or accept instructions
- offer a person
with a visual impairment your arm (at or about the elbow). This enables
you to guide them rather than to propel them
- offer to hold or
carry packages in a respectful manner such as 'May I help you with your
packages?'.
- assume the person
is of normal intelligence - less than one third of people with a disability
have a learning disability
- don't be embarrassed
if you slip up with common expressions like 'See you later' or 'Got
to be running along' and then realise that what you have said relates
to the person's disability
- never pretend to
understand if you are having difficulty doing so - ask for clarification.
Don't feel embarrassed if you are having difficulty understanding an
applicant with a speech impairment; it is unlikely to be news to them
that they are sometimes difficult to understand
- keep the relationship
on an equal footing by referring to 'people without a disability' rather
than 'normal' people(4).
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Don't:
- offer to assist
a person unless the individual requests your assistance
- patronise people
using wheelchairs by patting them on the head or shoulder, or pushing
their chair unless requested
- lean on a person's
wheelchair. Their chair is their space and it belongs to them
- touch the person
in overly familiar ways unless you are familiar with them.
2. Interview Questions
It is the responsibility
of the interview panel to ask appropriate questions to applicants, most
importantly to applicants with a disability. The Disability Discrimination
Act (DDA) 1992 permits disability specific questions to be asked in an
interview for the purposes of identifying:
- whether the applicant
can perform the inherent job requirements and
- any reasonable
adjustments required to meet the inherent requirements of the job.
'Actions, which
are reasonably intended to provide equal opportunity to people with
a disability, are permitted under the Disability Discrimination Act
1992 (DDA) (section 45). These may include inquiries, examinations
or actions which are reasonably intended to identify reasonable adjustment
required in the workplace'(5) .
Appropriate
Questions:
The Disability Discrimination
Act (DDA) does not set out specific words that are considered appropriate
or not. Whether a question is considered lawful is dependent on whether
it is for a legitimate purpose and the question is a means of achieving
that purpose.
If it appears the
person's disability may inhibit their performance in a job, an interview
panel may investigate with the applicant:
- how they would
perform the job
- what types of work
related adjustments might they need to enable them to successfully meet
the requirements of the job.
The interview panel
should outline the intent and purpose for the request for
disability specific information from an applicant, to reduce misunderstandings,
which might lead to fears of discrimination.
E.g. An interview
panel initiated discussion with Moira about her physical disability
and possible limitations in the work environment. The intention of the
interview panel was to identify work related adjustments specific to
Moira's needs. The interview panel had not made their intentions clear
to Moira, who felt that the panel were inappropriately questioning her
about her disability.
Language needs to
focus on the person's abilities, not their disability e.g. 'Will you need
workplace adjustments to do this task?' NOT "Can you do this task?'
Inappropriate
Questions:
It is considered unlawful
for an interview panel to:
- ask discriminatory
questions,
- ask personal or
inappropriate questions that would not be asked of a person without
a disability (this does not preclude the panel from discussing with
the applicant if and how their disability would impact on the inherent
requirements of the job and the type of work related adjustments required)
and to
- ask for unjustified
requests for information that are not reasonably intended as a means
of identifying necessary work related adjustments.
Inappropriate questions
may include:
- how an applicant
acquired their disability
- asking specific
information about the applicant's disability rather than discussing
possible work related adjustments in the job.
Inappropriate questions
about an applicant's disability may lead to, or constitute, discrimination.
Concerns in this area include:
- the potential of
inappropriate questioning or examinations to cause humiliation and to
distract both employer and potential employee from the real business
of establishing effectively whether and how a person can do the job
and whether he or she is the best person for the job
- the potential for
disability related information to be used as the basis for discriminatory
decisions, without sufficient interaction between the employer and the
person with a disability to deal with concerns which the employer may
have about the disability
- potential disclosure
of sensitive personal information regarding a person's disability to
other employees or third parties or failure to protect such information
from unauthorised access'(6) .
Routine or standard
disability questions in an interview may exclude or disadvantage an applicant
with a disability. If a question has this effect, it may be seen as indirect
discrimination.
E.g. A standard
question "have you ever had a mental illness?" was used by
an interview panel for all applicants that were being interviewed for
a Librarian position. Although this question was presented to all applicants,
Barry who has a psychiatric disability felt targeted and excluded in
the interview and therefore felt unable to successfully demonstrate
his ability to meet the inherent requirements of the job. This form
of questioning is considered to be indirect discrimination.
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3. Selection Process
An interview panel
is required to focus on and assess the merit of each applicant in their
ability to meet the inherent requirements of the job. It is not appropriate
for the interview panel to focus and assess an applicant's disability.
E.g. a well-qualified accountant with a speech impairment - the impairment
is not necessarily a barrier to the ability to perform as an accountant(7)
.
After interviewing,
the panel should make a selection based on how well the person meets the
selection criteria in the job description. The panel should also:
- consult with the
applicant regarding any work-related adjustments they may need. Negotiate
the type
of work related adjustments with the employee. Work related adjustments
need to be negotiated with the employee to identify the most appropriate
adjustments for the work environment.
- determine if there
are any identified health risks among the inherent requirements for
the particular job, and
- discuss these matters
with the applicant before deciding on the type of health assessment(8)
.
If an applicant with
a disability is successful in gaining the position of employment it should
be due to:
- the applicant's
ability to demonstrate, on merit, their ability to do the job
- the applicant's
ability to meet the inherent requirements of the job
- the applicant is
the most competitive applicant for the job
- the applicant's
requirements for work-related adjustments that are within acceptable
limits
- the secondary benefit
to the agency is that, by employing people with a disability, the agency
reflects a diversity of staff and a commitment to equitable working
practices.
If an applicant with
a disability is not successful in gaining the position of employment it
should be due to:
- the applicant's
inability to meet the inherent requirements of the job, with work place
adjustments, as completely as another applicant, or
- the applicant's
inability to safely meet the inherent requirements of the job, even
with work place adjustments or
- the work related
adjustments needed for the applicant to meet the inherent requirements
of the job would cause unjustifiable hardship to the agency
For further information
about the Disability Discrimination Act 1992,refer to the Disability Discrimination
Act document in this Resource or the Human Rights and Equal Opportunity
Commission website at http://www.hreoc.gov.au
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4. Privacy And
Confidentiality
State and federal
privacy legislation require organisation's to protect all confidential
personal information, including information about an applicant's disability.
It is appropriate for an interview panel to inform applicants with a disability
about the organisations procedures in the collection, use and protection
of all confidential material.
Implementation of
privacy requirements by organisations can promote positive disclosure
by an applicant with a disability in an interview with the aim of openly
discussing disability related issues and strategies in the workplace.
For further information
about the Federal and State Privacy Acts, refer to the Privacy and Confidentiality
document in this Resource or the Privacy Act website at http://www.privacy.gov.au
5. Occupational
Health and Safety
Assessment of the
possible risks of an applicant with a disability in relation to occupational
health and safety should not be taken into consideration in a job interview
unless:
- reasonable occupational
health and safety standards are accepted as being among the inherent
requirements of the job. If the applicant is able to meet the inherent
requirements of the position, possibly with work related adjustments,
then they should be considered as a possible candidate for the position
employment. All applicants, including applicants with a disability,
should be assessed in accordance with the inherent requirements of the
position.
- it is used to identify
work related adjustments for the individual to meet the inherent requirements
of the position. In determining whether a person can perform the inherent
requirements of a job, the interview panel is required to consider whether
the person could perform these requirements if some adjustment is made,
including adjustments to facilities, equipment, work practices or training.
If such an adjustment would be effective it must be made, unless it
would impose unjustifiable hardship on the employer or other affected
parties.
When assessing occupational
health and safety in the workplace, adjustments may involve changes to
make work safer for all employees. For example, safer manual handling
practices, or substitutes for manual handling, make work safer for all
employees as well as removing some barriers to workers with pre-existing
injuries or disabilities. Other adjustments might address more specifically
the needs of workers with a disability.
Footnotes
(1) Gradlink (2003)
Interviews and Beyond, The Interview Process: Types of Interviews: http://www.gradcareers.com.au/content/view/full/33
(2) Scholl & Mooney, Undated Draft Document, Disclosure in work based
learning programs http://www.cew.wisc.edu/ya/pdffiles/brief3.pdf
(3) Jenkin, P (2003) Employ Able, Employing People with a Disability in
the NSW Public Sector, Section 4 Interview Skills pg 63
(4) Jenkin, P (2003) Employ Able, Employing People with a Disability in
the NSW Public Sector, Section 4 Interview Skills pg 63-64
(5) Human Rights and Equal Opportunity Commission (2003) Frequently Asked
Questions: Employment, www.hreoc.gov.au/disability_rights/faq/Employment/employment_faq_1.html#questions
(6) Human Rights and Equal Opportunity Commission (2003) Frequently Asked
Questions: Employment, www.hreoc.gov.au/disability_rights/FAQ/Employment/employment_faq_1.html#questions
(7) Australian National University, (1999) Disability in the Workplace,
A Guide for Employees with a Disability, Their Supervisors and Colleagues,
The Selection Process http://www.anu.edu.au/disabilities/resources_for_staff/disability_in_workplace.php
(8) Jenkin, P (2003) Employ Able, Employing People with a Disability in
the NSW Public Sector, Section 4 Interview Skills pg 72
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