Employees with disabilities face many potential obstacles in the workplace. Having invisible disabilities adds another layer of unique challenges.

Invisible disabilities are conditions that are not immediately apparent to others, such as chronic pain, mental health conditions, or autoimmune disorders. For those with invisible disabilities, your supervisors and colleagues may have no idea that you even have a condition or may need accommodations.

In Texas, employees with invisible disabilities should be aware of their rights and take steps to protect themselves. This blog outlines essential strategies for employees with invisible disabilities to safeguard their rights and well-being at work.

Understanding Invisible Disabilities

Invisible disabilities encompass a wide range of conditions that are unlikely to be obvious to others but can significantly impact an individual’s daily life.

Examples may include:

– Chronic illnesses (e.g., fibromyalgia, Crohn’s disease, ulcerative colitis)

– Neurological conditions (e.g., epilepsy, multiple sclerosis)

– Learning disabilities (e.g., dyslexia, ADHD)

– Mental health conditions (e.g., depression, anxiety, PTSD)

– Psychiatric conditions (e.g., bipolar disorder)

Know Your Rights Under the Law

Employees with invisible disabilities in Texas are protected under federal and state laws. Key protections include:

·      Americans with Disabilities Act as Amended (ADAAA): The ADAAA prohibits discrimination against individuals with disabilities and requires employers to provide reasonable accommodations to qualified employees. Note that the ADAAA’s protections do not apply to every employer or to every request for reasonable accommodations. Contact a Texas employment lawyer to learn more.  

·      Texas Labor Code: This state law mirrors the ADAAA’s protections, generally prohibiting disability discrimination and requiring reasonable accommodations.

Disclosing Your Disability

Unlike with more obvious disabilities, for those suffering with invisible disabilities, disclosure of at least some information will be necessary in order to assert your protected rights. Disclosure is key to ensuring that you are accommodated. Consider the following factors before disclosing:

·      Necessity for Accommodations: If you need reasonable accommodations to perform your job effectively, you will need to disclose your disability to your employer.

·      Privacy: Importantly, sharing all the specific details of your conditions with your teammates and supervisors is not necessary. Start by contacting someone at human resources and letting them know that you need to apply for a reasonable accommodation. Share the information necessary to support your accommodation request. Then, work with human resources to identify what, if any, supporting documentation you need to provide from your medical provider.

Requesting Reasonable Accommodations

Reasonable accommodations are adjustments or modifications that enable employees with disabilities to perform their job duties. Examples include flexible work schedules, remote work options, ergonomic workstations, and modified duties. To request accommodations:

·      With your medical provider, determine what potential accommodations will help you perform your job effectively.

·      Communicate your request to your employer and provide them with relevant medical documentation if necessary.

·      Work collaboratively with your employer to identify and implement suitable accommodations. If the employer requests, discuss alternative accommodations as well.

Protecting Yourself from Discrimination

Despite legal protections, discrimination can occur. Some tips for protecting yourself include:

Documenting Everything: Keep records of all communications with your employer regarding your disability and accommodations. Also ensure that you have or obtain medical records to support your invisible disability diagnosis in the event you need to request an accommodation.

Reporting Discrimination: If you experience discrimination, do write in a report of discrimination to your employer. Also feel free to contact one of our employment lawyers to obtain guidance on next steps.

Conclusion

Employees with disabilities, visible or not, have rights to federal and state protections. By understanding your rights, you will feel more empowered to assert your rights and obtain support in the workplace. Remember—you are not alone. Resources are available to help you navigate these employment concerns and thrive in your career.