For a variety of legal and ethical reasons, Worksource employees must respect an individual’s right to privacy. Each Worksource should have clear guidelines for staff concerning sharing of any personal information about a client with other staff and service providers, including information about a person’s disability. People with disabilities vary significantly in their comfort level concerning disclosing information about their disability. It is important that Worksource centers consider disclosure and confidentiality issues in service delivery for people with disabilities, and that Worksource staff be trained to understand proper guidelines for respecting the privacy of all customers.
As Service Providers, Worksource centers can Make Disability-Related Inquiries
- Through the process of delivering services, Worksource staff may become aware that a client has a disability. As a provider of services, a Worksource Center is legally permitted to make certain inquiries about the presence of a disability.
- Employers however, are not permitted to ask about the presence of a disability, prior to an offer of employment.
This means that Worksource staff may have more information about a client than they are permitted to provide to employers that they contact on the client’s behalf. Worksource staff must clearly understand what information can, and cannot be provided to employers.
Inquiries Must Be Done for a Good Reason
Worksource staff may not make unnecessary inquiries into the existence of a disability and it is a completely voluntary decision by the customer concerning whether or not to supply any disability information. Possible reasons for asking about disability include:
- to determine if the individual is eligible for special services or funding
- for data collection purposes as stipulated by the Nondiscrimination and Equal Opportunity regulations
- as part of the process for provision of accommodations so the individual can fully benefit from services.
Requests for information concerning the presence of a disability cannot be used as a basis for excluding individuals from receiving services. It is illegal to deny services based on an individual’s disability, unless the disability cannot be reasonably accommodated.
Suggested Guidelines for Disability Inquiries
Worksource Centers should make any inquiries concerning disability with caution, limiting the request for information only to that which is absolutely necessary, and taking the necessary steps to ensure that this information is kept confidential. The following are suggested guidelines for inquiries about disability issues:
Intake & Eligibility Process
- Requests for information about presence of a disability during the intake process should be made only in writing (i.e., individuals should not have to verbally respond to questions such as “Do you have a disability?”, particularly in a group setting, or area where they could be overheard). A simple yes/no check-off box on the registration/intake form is suggested.
- If an individual will need assistance in filling out a registration/intake form, this should be done in a private area, where responses will not be overheard.
- The reason(s) for asking for this information should be made very clear (e.g., providing this information may make you eligible for services to which you may not otherwise be entitled).
- It should be stated both verbally and in writing, that the decision to disclose any information concerning the presence of a disability is strictly voluntary.
During the course of service delivery
- Discretion should be used in discussing disability issues with clients. People with disabilities vary significantly concerning their openness about disability issues, and comfort level in others knowing about such issues. If Worksource staff anticipate that disability-related issues may arise during a discussion with a client, staff should ask the client if they would prefer to hold the meeting in an area where the conversation will not be overheard by others (e.g., one-on-one in a private office, and not in an office cubicle where conversations are easily overheard).
- Always avoid asking about the presence of disability or specific questions about an individual’s disability in group settings.
- Knowledge and access to information concerning an individual’s disability should be limited only to staff who require this information for service delivery.
- Staff should be respectful of privacy issues when discussing a customer’s needs with other staff. Particularly when discussing more sensitive issues (for example, a history of mental illness), only staff members who are specifically involved in service delivery for the individual should be part of such discussions. Such discussions should be held in a private area, where they cannot be overheard.
- The information requested and discussed with customers and Worksource staff should be limited strictly to that which would impact the job search/placement process. For example, the full medical history of a person’s disability is not necessary, when all that is needed is information concerning how the disability will impact the person’s ability to obtain and maintain employment.
Maintain confidentiality of records
Steps should be taken to ensure that records and case notes are kept confidential, with access provided on a “need to know” basis, only to Worksource staff who require the information to meet a client’s needs.
Guidelines for staff
In sharing personal customer information with others, Worksource staff should consider the following issues:
- Will the sharing of personal client information result in the ability of the Worksource to better meet that client’s needs?
- Am I limiting the information shared strictly to what is relevant to this situation?
- Is it possible for me to discuss an issue with others without identifying the customer by name?
