Navigating work and CF: do you have to tell your employer about your CF?
Living with an invisible illness can present many challenges. One of those challenges is the tricky question of whether you have to tell a current or future employer about your chronic illness or disability.
In most cases, whether you choose to tell your employer about your chronic illness or disability is up to you. It’s a personal choice that will be informed by your individual circumstances. There is no right or wrong choice. However, in some cases, you might have to tell your employer.
Do you have to tell your current or future employer about your chronic illness or disability?
The short answer is no. There is no legal obligation for you to tell a current or future employer about your chronic illness or disability unless your chronic illness or disability will affect your ability to do your job or to work safely.
If your chronic illness or disability may affect your ability to do your job or to work safely, you should tell your employer. If you don’t tell your employer, it could affect your entitlement to worker’s compensation. But you only need to provide the information that is relevant to your ability to do your job and work safely. So that’s information about how you will do your job and what adjustments you might need.
Your employer should not ask any other personal questions about your chronic illness or disability. And anything you do tell them is confidential unless you give them permission to share with your colleagues or other people in the workplace.
Having a conversation with your employer about your chronic illness or disability can be a good way to open a discussion about workplace adjustments.
What are workplace adjustments?
Workplace adjustments are adjustments to the workplace that support people with a chronic illness or disability to do their job and work safely.
The Equal Opportunity Act 2010 says the employers must make “reasonable” adjustments for people with a disability.
Those adjustments could include things like building modifications, Auslan interpreting or assistive technology. Government funded programs like JobAccess can help fund the cost of these adjustments through the Employment Assistance Fund.
Some workplace modifications may not incur a cost. These could include adjustments to the requirements of the role, changed hours or flexible work which allows you to work from home.
Adjustments must also be available for the job application and interview process.
However, what is “reasonable” is not clearly defined. In some cases employers may avoid making the adjustment if it is considered unreasonable. For example, if the adjustment would see the employer incur a significant cost or if the adjustment may disrupt the workplace.
Why you might want to tell your employer about your chronic illness or disability:
While sharing information about your chronic illness or disability can be challenging, there are a number of reasons why it can be a positive thing.
Being open with your employer can create an opportunity to discuss any adjustments or support you might need. It also provides an opportunity for you to share how you’ll approach the role and what solutions you may have for any obstacles that may arise. This openness can help to foster a supportive working environment.
A big plus of having those conversations is that you get to be yourself at work and feel comfortable asking for any help you might need.
Why you might not want to tell your employer about your chronic illness or disability:
If your chronic illness or disability doesn’t affect your ability to do your job and to work safely, you don’t have to tell your employer. There are many reasons why you might not want to share information about your chronic illness or disability. Maybe you’re a really private person. Perhaps it’s only a short-term role and you don’t need any adjustments to do your job.
Another reason you may not want to discuss your chronic illness or disability with your employer is your concern about losing your job.
Know your rights
In Australia, the Disability Discrimination Act 1992 is designed to protect people with disability and illness from being discriminated against. The Act makes it illegal to discriminate in a number of contexts, including education, accessing public services, buying or renting a house and in employment.
The Act covers all parts of the employment process including the advertising of jobs, the interview process, decisions on wages and training and termination.
It’s not always simple to know what your rights are or to get support when you might need it. But there are organisations around that country that can help. The following list of organisations could be useful if you have questions about something that’s happening at work or if you need support.
- JobAccess
- The Australian Human Rights Commission (AHRC)
- Equal Opportunity Commission Victoria
- NSW Anti Discrimination Board
- Equal Opportunity Commission Western Australia
- Anti Discrimination Commission Queensland
- Equal Opportunity Commission South Australia
- Tasmania Office of the Anti Discrimination Commissioner
- Northern Territory Anti Discrimination Commission
- ACT Human Rights Office
How your vulnerabilities can be a positive
Knowing when to be vulnerable, when to be open about your health and when to disclose to a potential employer can be challenging. James Gallacher, an adult living with CF, from YellowBox Careers explores what it means to be vulnerable and why it is more powerful than we might think.
Finding a career that suits you
Understanding who you are and what you enjoy doing can bring clarity to the types of roles that may suit you. Keeping in mind, this is not prescriptive. If you have an interest in any role, research and explore it, and see if it’s a possibility.
This article was published in January, 2022.
This information in this article is general in nature and does not take into account individual circumstances or experiences.
The views, experiences or comments shared on this website are not medical advice and may not reflect opinions or beliefs of Cystic Fibrosis Community Care. Always seek the guidance of your doctor or other qualified health professional with any questions regarding your health.
