Legal Question in Business Law in Massachusetts

Re: Disclosure to Employers

Both the Americans with Disabilities Act and Section 504 of the Rehabilitation Act require employers to consider reasonable accomodations for otherwise qualified individuals with a disability.

As an individual with a disability, you have no obligation to disclose a condition for which you are NOT seeking accomodations. However, if you are requesting accomodations, the employer has the right to receive reasonable information from which to assess any accomodation request.

Certainly if you disclose a disability and your employer takes action against you becuase of the disability or because you request an accomodation you would have a claim under the ADA and 504, and most likely your collective bargaining agreement too.

You should, however, be aware that an employer does have the right to change your job or in some cases terminate your employment if your disability prevents you from performing the essential job functions of your position.

Disability law is a complex area of the law, you may want to seek additional advice.

Hope this helps.