Self-Identifying Disabilities

John Faith
July 4, 2014

There are some disabilities that might be obvious and others that are not. Human Resources Offices have a huge responsibility to the agency’s first customers – the employees – and to the agency itself. Leaders of Human Resources need to make certain supervisors and managers understand how to keep the workplace environment free from harm, danger and situations not conducive to the forward movement of the organization.

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Employers may invite applicants to voluntarily self-identify for the purpose of their affirmative action program. Employers asking employees to voluntarily self-identify do so because federal, state, or local law including veterans’ preference laws require affirmative action for persons who would otherwise qualify as Schedule A appointees. Essentially the law requires that steps be taken to advocate for such individuals.

Often state or local laws may support affirmative action. When such is the case, employers are allowed to invite self-identification to be used specifically to benefit persons with disabilities. Employers must be very clear and specific on written questionnaires or orally that the information being sought will be used for no other reason than to support affirmative action efforts. Organizations must also make it clear that providing any self-identity information is strictly voluntary and that the information is confidential in accordance with the Americans with Disabilities Act (ADA) guidelines and any Amendments. Applicants must also be informed that refusing to participate or provide information will not result in any adverse action and will be used in accordance with ADA regulations and guidelines.

To protect the integrity of self-identification and to keep the information confidential, the employment application must be kept separate from the self-identifying information. I think it is also important to mention that organizations are prohibited from asking third parties any questions or seeking any information it could not ask the applicant to provide directly.