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This article was changed on July 19 to reflect that the Family and Medical Leave Act, not the Americans with Disabilities Act, allows up to 12 weeks of leave for workers caring for a loved one or undergoing medical treatment.

This article originally appeared in the May issue of DiversityInc magazine. For an entire issue focusing on people with disabilities, read the upcoming October issue of DiversityInc magazine. Click here to subscribe.

May 2006 Buy Now

In 1997, when Dan Flores was diagnosed with primary sclerosing cholangitis, a rare and serious liver disease, one of the first things he did was tell his manager and coworkers at General Motors.

Flores, the manager of media relations for GM North America manufacturing and labor relations, understood that although he was not yet showing symptoms, he eventually would. Six years later, Flores began experiencing symptoms such as fatigue and weight loss. By late 2004, it became obvious that a liver transplant was necessary as he struggled to work a full day.

"As I started to get worse and had to miss more time for doctor appointments, the company made it clear from the very beginning that my health was of the utmost importance and that they would stand with me through this horrible ordeal," says Flores.

Being diagnosed with a serious disability or illness is tough enough. What about your job? Could you be fired or demoted if your disability or illness is found out? When do you tell your employer about a serious or prolonged illness, such as cancer or HIV/AIDS?

An illness or disability does not diminish an employee's education, training or experience, but many employees fear that the stigma associated with an illness or disability may cause coworkers or superiors to treat them differently. Others worry that disclosing an illness or disability will leave them vulnerable to discrimination.

"It is important to get over the fear of stigma associated with the illness," says Angelina Esparza, the director of Survivorship and Senior Lead Quality of Life and Information from the American Cancer Society. "Having a major illness is a severe life change in general, not just for yourself but also for all of those who are around you."

"People can have hesitations depending on the environment in which they work and that really has to be taken into consideration," she adds. "But I think that for those who have a good work environment and have a good working relationship with their coworkers and their boss, perhaps having a conversation early on may be appropriate."

Trust Is Key

Ultimately, the decision on when to disclose a serious illness or disability is entirely up to the employee. However, as difficult as it may be, divulging such information as soon as practically possible may help everyone in the long run. After all, a company cannot provide a reasonable accommodation if it is unaware of the disability, disease or illness.

In February 2005, Flores began his medical leave and remained out of work for seven months. During that time, he received periodic calls and visits from his manager and higher-ups, who reassured him that his position with the company was secured. Human-resources representatives worked with him to ensure that his benefits never lapsed, and they helped file all the paperwork necessary to ease his return in September 2005 once he was cleared to do so by his physician.

"The whole company showed me incredible support from the moment I told them about my condition," he says. "Management and the human-resources representatives made it clear that I had a job to come back to and that my priority was to get better. When you are out of the work force and are in a very competitive environment, it's natural to think, 'Hey, is my job going to be there when I get back?' and this reassurance gave me peace of mind."

Deborah Dagit, executive director of diversity & work environment at Merck & Co. (No. 34 on The 2006 DiversityInc Top 50 Companies for Diversity list, No. 4 on the Top 10 Companies for People With Disabilities list and No. 8 on the Top 10 Companies for Asian Americans list), is a firm advocate of being as open as possible.

May 2006 Buy Now

"An employer should feel honored that an employee is willing to share this kind of information," says Dagit. "It is indicative of their trust and their connection and allegiance with the organization. It shouldn't be discouraged."

Dagit, who has osteogenesis imperfecta, believes an employee is more likely to be upfront about a medical problem if the corporation has created an atmosphere of openness--as GM did for Flores.

"Employers need to let employees know that they really want to accommodate people," Dagit says. "And they need to know that with most disabilities, the more that you are able to accommodate a person's desire to work flexibly, the more likely they'll get well and get back to work faster."

Knowing there are legal protections that prevent employers from arbitrarily firing an employee because of an illness or medical condition can help employees feel more secure in disclosing medical problems.

An employee may not have to fully disclose a disability or illness, but he or she may want to talk with the human-resources department to request a reasonable accommodation to continue to perform the job satisfactorily.

Dagit advises employees that the direct approach is best. "What is important for the employee to do is try not to talk through their physicians or any other outside third

party," Dagit says. "Have a conversation with a manager or the HR person to explain the situation. Propose what they think is the best solution and come up with something that makes sense for them on a personal level and for the business."

There are legal protections for employees diagnosed with illnesses and/or disabilities. The Americans with Disabilities Act (ADA) provides protection from discriminatory practices for people who work for companies or organizations with 15 or more employees. The ADA requires employers to provide reasonable accommodations to employees or potential employees with disabilities, as long as the accommodation does not create a significant financial burden. The Family and Medical Leave Act allows a worker undergoing treatment or caring for a loved one up to 12 weeks of leave.

Often, collaborations between employee and employer can yield the best solution.

First, both sides need to consider the tasks associated with the employee's job, the functional limitations of the individual and whether the proposed accommodation(s) will result in undue hardship to the employer.

Solutions may involve equipment changes, workstation modifications, adjustments to work schedules, assistance in accessing the facility and dozens of other possibilities, depending on the individual's particular limitations and needs.

For Flores, part of that solution was preparing his division for his medical leave so his coworkers would not be caught by surprise.

"Because of the loyalty the company showed me, I wanted to show that loyalty back to them in terms of trying to prepare our department as much as possible for what would likely happen in the future," he says.

The Downside

But what happens when an employer is not accommodating?

If an employer fails to comply with the ADA, an employee may seek legal action, forcing a company to comply or to pay damages. The ADA also prohibits any attempt to coerce or to retaliate against an employee for asserting their legal rights.

The Equal Employment Opportunity Commission (EEOC) encourages employees to follow standard company protocol when it comes to filing complaints. "If you feel there is a problem with a manager, I think you first need to follow the formal and informal internal complaint procedure even if you end up going outside the company," Dagit says.

Evidence of wrongdoing also is essential when trying to prove any form of discrimination. Esparza recommends keeping a detailed record of an individual's job description, daily work responsibilities and encounters with coworkers.

Not only will a record help re-allocate time when figuring out how to best modify a work schedule, "it also helps people track their performance over time. And if there has been a radical change in the way the relationship proceeds, then maybe it is time to find out what your rights are," Esparza says.

Although discrimination still happens, the numbers of complaints filed with the Equal Employment Opportunity Commission have decreased, according to the EEOC. In the past year, discrimination complaints in the workplace dropped by 5 percent to 75,428. Approximately 19 percent of those complaints were disability-based.

Just as the decision to speak with an employer about an illness or disability falls on the individual, so does the decision to speak about it with peers and coworkers. However, an employee should know that telling a coworker may force the employee to go to management earlier.

Telling coworkers can lead to the same feeling of apprehension as telling management. However, being open about an illness with peers and coworkers can provide an opportunity to better explain a condition and eliminate the possibility of interoffice gossip. This is particularly true for illnesses that often are misunderstood or have a negative stigma attached to them, such as certain forms of cancer and HIV/AIDS. Employees with HIV/AIDS are not legally obligated to disclose anything.

Having entered the work force in the early 1980s with a chronic disability, Dagit never encountered an employer who has had a problem accommodating her condition.

"I have needed special work arrangements. I have worked from home for extended periods of time with a fax machine, speakerphone and have had people come to my home, Federal Express--whatever it took," Dagit says. "Several years ago, I had serious problems with my back where I could not get around, so I worked from home for three months. [Merck was] extremely accommodating in terms of the resources they provided me to work and allowing me to participate just as I would have had I been able to come into the office."

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