Judy G. on August 9, 2015
Hello again. Even though the coaches have provided great links for
information, I still find myself unsure regarding what cancer survivors are
required to tell potential employers.
One of the articles says "Generally, under the law you do not need to
disclose anything about your diagnosis to a current or potential employer" and
"If you choose to disclose that you had or have a disability, potential
employers can only ask whether you will need an accommodation to perform the
essential functions of the job."
I would choose to not disclose that I have a disability so does that mean
on the pre-employment health questionnaire, when it asks if you have a history
of heart disease/diabetes/cancer/hypertension/arthritis/etc. that I can check
the NO box for cancer?? I'm pretty sure at the bottom of those forms it says
something to the effect of "I attest that the statements I have given are
true." To me, not disclosing is different than lying, and I'm concerned that I
could be terminated later on for having lied on the questionnaire.
I'm equally concerned about checking the YES box. "...potential employers
can only ask whether you will need an accommodation to perform the essential
functions of the job". I find it hard to believe that the health nurse wouldn't
ask for more detailed information and if given vague answers like "I won't need
any accommodations" would raise red flags.
I guess what I'm looking for is a legal expert to tell me that if, under
the law, you do not need to disclose anything about your diagnosis to a current
or potential employer means it's legally okay to lie on the paperwork.
Everything I read seems to say don't lie, but you don't have to tell them
anything. I don't think they don't realize how confusing that is to a person
actually in the situation.