Voluntary Disclosure of Disability

Q: I am a cancer patient in remission for Acute Promyelocytic Leukemia. I have been applying to jobs (post cancer diagnosis) and am confused what I should answer regarding the voluntary disclosure of a disability. Mostly, is my form of cancer (which could reoccur) considered as me having a history of a disability?

A: First, let's tackle the question of a history of a disability. Under the Americans with Disabilities Act (ADA), a person can have a record of a physical or mental impairment that substantially limits a major life activity. This means the person may not be substantially limited now but has a record of that kind of condition. Having cancer that required extensive care management certainly fits this criterion.

On the issue of disclosing a disability, that is absolutely voluntary. This means you need not discuss your cancer at all. This is not hiding information or lying to a prospective employer; it is your right not to disclose.

When applying for a job that you feel you are qualified for, you apply with the merits of your qualifications. After accepting a job, you still have no obligation to disclose any disability-related information. You may need to disclose when and if you need a reasonable accommodation as is provided under Title I of the ADA. At that point, the employer may ask for related medical documentation as you go through the interactive dialogue of a reasonable accommodation request process to verify your disability and the related need for an accommodation.