What am I required to disclose?

[wingsy]

I have been off work for several months due to illness and was recently let go after exhausting my FMLA. That isn't really important.

Once my doctor clears me to work (which she hasn't done), I am wondering how much I'm required to disclose to a new potential employer.

I know it's not going to be in the next few weeks (probably longer), but I do have a few things that are ongoing medical issues. First, I have CFIDS (chronic fatigue and immune deficiency syndrome), recurring cases of shingles (I'm on my third round since November), fibromyalgia, and am undergoing MORE tests to determine if there are any other chronic conditions.

I know that there is a possibility that any one of these things could flare up at any time and require me to miss work (again) for an unknown period of time. That depends on the severity of the flare.

Should I tell them during the interview? When the offer is made? After I accept? Do I have to tell them at all?

I feel like an employer SHOULD know, so that if something happens and I have to take some time because of it, it won't be a big shock. But I don't want to sabotage myself, either!

 

[cbg]

You have no legal obligation to disclose anything until or unless you need time off and/or a reasonable accomodation under the ADA.

 

[justalayman]

cbg, correct me if I am wrong but isn't it illegal for the prospective employer to even inquire about the medical issues other than if it would affect the job?

 

[cbg]

You are correct.

 

[wingsy]

Thank you both!

My biggest fear is that potentially employers will pass on hiring me, no matter how qualified I am, because of my medical issues.

 

[cbg]

As indicated, the employer cannot legally even ask you about your medical issues, let alone take them into consideration in the hiring decision.

A legal question is, These are the essential job duties of the position. Can you perform them with or without a reasonable accomodation?

Anything beyond that is potentially problematic.