Thanks for your response. Because our company is also a federal contractor they have an affirmative action policy towards those with disabilities.This is part of the language of their individuals with disabilities policy "[Company name] takes affirmative action to attract, retain, and promote protected veterans and qualiﬁed individuals with disabilities. All personnel actions are administered without regard to an individual’s covered veteran status or physical or mental disabilities.If you are an [Company] employee or an applicant who has received an employment offer from [Company], you may voluntarily identify yourself as a protected veteran or an individual with a disability. This information will be kept conﬁdential except when needed for accommodation, safety
, or compliance purposes. To request a self-identification form, contact the Human Resources department."To me, the portion which reads "All personnel actions are administered without regard to an individual’s covered veteran status or physical or mental disabilities." and "This information will be kept conﬁdential except when needed for accommodation, safety, or compliance purposes" appears to have been violated in this circumstance. Although I -did- disclose to the hiring manager my disability status, wouldn't this need to remain confidential as it was not "needed for accommodation, safety, or compliance purposes"?As you stated, inquiring about my disability to another manager without my consent would appear to violate the updated section 503 of the ADA
(summary) "All self-identification information must be kept separate from other personnel records and cannot be available or used for any employment decision that could lead to adverse impact (such as hiring or performance review)." Section of the actual federal code below.I have no interest in taking legal action against my employer, I simply want the promotion that I feel I am qualified to receive (and have been passed up for twice already).Should I raise this issue with HR? Should I include that I fear adverse action or retaliation
for even disclosing my concerns?I know that much of this "discrimination" is often implicit.Thanks
L.From the actual code "(7) Qualification standards, tests and other selection criteria—(i) In general. It is unlawful for the contractor to use qualification standards, employment tests, or other selection criteria that screen out or tend to screen out an individual with a disability or a class of individuals with disabilities, on the basis of disability, unless the standard, test, or other selection criterion, as used by the contractor, is shown to be job-related for the position in question and is consistent with business necessity. Selection criteria that concern an essential function may not be used to exclude an individual with a disability if that individual could satisfy the criteria with provision of a reasonable accommodation. Selection criteria that exclude or tend to exclude an individual with a disability or a class of individuals with disabilities on the basis of disability but concern only marginal functions of the job would not be consistent with business necessity. The contractor may not refuse to hire an applicant with a disability because the applicant's disability prevents him or her from performing marginal functions."