Hi all! I recently started a new company.

Hi all! I recently started a new company. I am almost 2 years sober. While completing my new hire paperwork, I was asked if I had a disability. It is a known fact that AUD (formerly known as alcoholic), is considered a disability. I'm not asking to debate whether it is or is not. I have my own thoughts but for another time. However, with my former company, I did take FMLA 2 years ago to go to treatment for 4 months. At my new company, I'm looking at it as a reset and new year/new beginning. No one here knows about my treatment, etc. How would others respond to the question? I've debated THIS question with friends who are in recovery and those who are not. Both have good arguments. If I disclose the disability, would I have an unnecessary spotlight on me whereas I may never relapse? But, if I don't respond yes, and were to relapse, would I have been fraudulent in my response? For the record, I did respond no. Thank you!

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  1. Anonymous

    You would have to double check this, but I am pretty sure ADA regulations don't require you to disclose any disability to an employer. I would look into it but would recommend disclosing after starting (in writing with heavy documentation) to HR if you want. It's a lot easier to pull an offer for basically any reason than it is to fire someone after they have already started, and would be a much higher burden of proof for them to justify firing you shortly after disclosing a disability.

    That's just my 2 cents.

    EDIT: I looked it up and the consensus is generally not to disclose until you have a firm offer if you don't want to. The research I did also showed you don't have to disclose the nature of your disability, just your need for accommodation. I am not an expert by any means but if you're interested in learning more about how other people have handled similar situations there are quite a few threads on Reddit that I found on this topic.

  2. Anonymous

    From what I understand, the Americans with Disabilities Act (ADA) prohibits employers from asking if you have a disability or requiring a medical exam before making a job offer, according to the Equal Employment Opportunity Commission. IF they do ask, disclosure is voluntary unless you need a reasonable accommodation to perform essential job functions. So, all that being said, I would not disclose it. I have known people who disclosed a disability (anxiety) who were all of a sudden no longer being considered for the role. And I worked for an employer who absolutely would not hire anyone with a disability; calling them a liability. Unfortunately, while it is illegal to refuse to hire someone with a disability, it is much harder to prove in court that they didn't hire you for that reason (someone tried to sue my former employer). All it took was a few lies on his part, another co-worker being told to say they just didn't feel a good "rapport" with the candidate, and he was in the clear. I hate to think that other employers are like this, but unfortunately I don't think it is all that uncommon.

  3. Sarah Bojorquez

    As a director of HR this is what I do. I ALWAYS respond I do not wish to respond. That way I am honest but not outing myself (I have a hidden disability as well.) You are not under any obligation to discuss your disability with anyone if you do not want to and it cannot be legally held against you.

  4. Anonymous

    You've got it together and you're maintaining your sobriety. I'm sorry, but it's nobody's business what happened in your life 2 years ago. It's illegal, but companies suddenly decide they can't employ someone who says they have a disability. If you relapse, no one knows if this is something that is now an issue or something from the past. I would leave it alone. And congratulations on your sobriety!!

  5. Kim Pfeiffer

    I've always considered that a question more regarding if you would need special accommodation for the job. So in my opinion, no is the correct answer.

  6. Coach Nancie Kay Shuman

    Usually there is an option to choose not to reply. I have dyslexia and low levels of ADHD. Unless I am exceptionally stressed, no accommodations necessary. When I do need assistance, such as having someone proof read a document, I ask.

  7. Anonymous

    Its a voluntary disclosure, any disability history from your former employer is probably illegal.

    Unless you’re seeking an accommodation from your new employer, id keep it private.

  8. Tnsusu Nsusuw

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  9. Renee Marchak

    I am also a recovering alcoholic a career coach with 30 years experience in HR. This is a voluntary disclosure under the Americans with Disabilities Act, and it’s meant for confidential, aggregate reporting, not to single anyone out. Choosing not to disclose is completely acceptable and is not considered fraudulent. These forms reflect your status at the time, not future circumstances. If someone’s situation changes later, they can choose to disclose at that point if they need support or accommodations.

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