Am I required/ How much am I required to tell an employer about my disability?
The information you must disclose to an employer is dependent on whether you will need accommodations and the nature of those accommodations.
Employers are only required to provide reasonable accommodations for “known" disabilities. If you need accommodations from your employer, you must disclose both your disability and what you need accommodations for (e.g. accessibility, reading, processing speed, visual impairment). It is helpful if you can propose potential accommodations.
If you do not require accommodation, then you are not obligated to volunteer any information about your disability.
It is important to know that any confidential medical information you share with your employer must be maintained confidentially, with some exceptions for safety, insurance and ADA compliance purposes.
What is an employer allowed to ask me/what do I have to answer?
The ADA prohibits employers from asking questions likely to reveal the existence of a disability before making a job offer. This prohibition covers written questionnaires and interviews, as well as medical examinations.
Examples of permissible questions prior to a job offer:
Examples of prohibited questions prior to a job offer:
An employer can ask questions likely to reveal the existence of a disability after extending a job offer, but only if the employer asks the same questions of all applicants offered the same type of job. The same applies to medical examinations.
An employer may also describe the application process and ask all applicants if they will need any reasonable accommodations to take part in the process, however, you DO NOT need to disclose any accommodations you will need for the job itself.
If your disability is obvious or if you choose to disclose a disability, an employer may ask if you will need accommodations to perform a specific task related to the job, but only if it is reasonable given the nature of your disability. An employer can also ask you to demonstrate or explain how you would perform a job with or without accommodations if they believe that you will need an accommodation.
What information should I volunteer beyond the requirements?
If you have an IEP or § 504 plan from your high school, you should provide a copy of the accommodations documentation to your employer, after you are offered a job, in order to help them provide the accommodations you need.
As a basic principle, once you have accepted a job offer, you should share as much information related to your need or potential need for accommodation as you feel comfortable sharing. The more your employer knows, the better they can work with you to provide proper accommodations. Additionally, if you establish a record of potential need for accommodation when you begin employment, even if you are not experiencing much impact from your disability at the time, employers are generally more understanding if your disability flares up later.
If you are using the break room or dining facilities or participating in other activities/events organized and provided by your employer, it is important to inform your employer of any reasonable accommodations you might need in those areas as well.
What questions should I refuse to answer, or what information should I not disclose?
If you feel particularly uncomfortable sharing information with your employer, and the confidentiality laws do not ease that discomfort, then you can keep to yourself any information not directly related to needed accommodations.
If your disability has impacts on your life but no bearing on your job or any job-related service you are interested in using, then there is no reason to share that information with your employer.
child support/alimony
My ex deposits money from his paycheck directly to my account every two weeks. I recently changed my account due to fraud and asked him to change the direct deposit. This was two weeks ago -- he did not do this and now says the money went into the old account and he can't give me my money until he gets the misplaced money back. I really need it now however. Do I have any recourse? Thanks,
Shannon
What is required in terms of recordkeeping?
I am a Canadian lawyer researching California corporations. What I am never able to feel comfortable in is a big picture of what is required in terns of corporate recordkeeping? A colleague tells me that a Minute Book is no longer required in California. Is that correct? I am not talking here about large or publicly traded corporations. I am talking about very closely held, holding corporations. Eventually, even a holding corporation may be sold, so we don't want to miss anything that would detract from the business's value. Any help offered would be appreciated.
I have a rental house in New York State that I am in the process of selling because I'm moving out of the area. I have a potential buyer who wishes to trade me a large piece of land for the house. In reality, the land is worth more than my house but the buyer has a child support lien that makes him unable to obtain a traditional mortgage. I am partial to this trade because the land's taxes are half of what I'm paying now and it's easier to have a piece of land for sale 1500 miles away than a house that requires upkeep that I will have to pay for someone to do.
Here's the rub...I owe approximately $56,000 on the $115,000 house that is, due to a bank's possible paperwork error, not in the form of a mortgage however it is listed as security on a line-of credit loan. The land for swap is worth approximately $150,000. I "soft" asked the bank loan officer if I could sell with a land contract on the house and she said that there was nothing preventing it but they would prefer that I didn't. Yeah, that sounds dangerous to me.
The question...is there a way to write this sale up where I'm protected and the buyer has full legal right to the house while I continue to make the monthly loan payment until the raw land sells? I would be in full possession of the land and the buyer would be fully responsible for taxes and insurance on the house? I would expect that the buyer would also reap the federal and state benefits of home ownership while I would be somehow safeguarded that they are paying the taxes and insurance to prevent the house falling out from under me while it's still in my name until paid off by the land sale.
Too complicated and risky? The home market where the house is located is very soft and I really need it gone before I leave the area.
Thank you for your input!