USA 
United Kingdom
A worker has sparked an online debate about ‘hidden disabilities’ at work after sharing details of their interactions with a colleague.
In a Mumsnet post, the anonymous worker explained that a co-worker is prone to screaming at random times in the workplace.
The worker goes on to explain that they also have a 'hidden disability' consisting of audio sensory issues, causing them to feel anxious about when the colleague will next scream. But the matter became more concerning for the employee after they were assigned to make a work trip with them.
The employee wrote: “Woman at work randomly screams. It frightens me to death, I have auditory sensory issues and now I sit anxiously awaiting the scream. It’s very random and can be while you’re in the middle of talking to her or just when everyone is quiet working. I have obviously spoken to her about it and she says it’s a disability and can’t help it but won’t say what the disability is.
“Tomorrow I’m due to go on a visit with her and I can’t face driving with the threat of this sudden screaming. I spoke to the senior on Friday and was told the woman does have a disability and that was that. I also have a hidden disability and part of that is not being able to cope with sudden loud noises!! So where do I stand here?”
When asked by another commenter what their ideal solution would be, the original poster replied: “Make it so that I don’t need to work closely with her. If I could change desks to the other side of the room and no be expected to travel with her that would help”.
They added that they had asked their employer to send someone else on the visit, but that this was refused, adding that they could not ban the screaming colleague from going on visits either as it “would be seen as discriminatory” according to the poster.
The post has attracted more than 220 replies, with many empathising with the situation while also opining that HR appeared not to be providing equal support to both workers, despite both having a ‘hidden disability’.
One user said: “That sounds awful - for both of you. Your manager really needs to make reasonable adjustments for both of you here.”
D&I concerns | Are you supporting your disabled workers well enough?
Another commented: “They cannot punish her for having [a disability]. They cannot punish your for having an auditory issue. They need to look after you both. Right now, they are only considering her so they are breaking employment law.
“You've told them you have a disability and are protected by the equality act. They've refused to make any changes to help you. So call your union or a solicitor or HR. They can’t move her or do anything to single her out but they can move you at your request and pay for separate travel.”
Another wrote: “You both have a disability you have no control over and both should have appropriate systems in place to enable you to do your jobs to the best of your ability.
“Instead of approaching your line manager's and speaking about HER, you need to speak about YOU. What you need, and what they need to do for you.”
What are ‘invisible disabilities’ and what does the law say?
While it is unclear where the above took place, according to the UK Government, an invisible disability, also called non-visible disabilities or hidden disabilities, refers to any disability that cannot be observed physically. Examples include mental health conditions, sensory impairments, cognitive impairment, autism, autoimmune diseases and neurological disorders. As of December 2020, 20-21% of adults in the UK reported having a disability (14 million people). Leeds university estimates that approximately 70% of these disabilities are invisible.
Discrimination against people with disabilities is illegal under the Equality Act 2010. However, people with invisible disabilities face additional challenges through a lack of support and understanding of their conditions because their disability is not outwardly observable.
In June 2021, the Government published a report analysing the results of a UK wide disability survey. The findings indicate that invisible disabilities are a significant area of concern for disabled people, carers, and other members of the public. Key areas raised include financial support, adjustments in the workplace, and lack of awareness and social understanding. People with invisible disabilities may be unwilling to ask for support because of fear of stigma, understanding and acceptance.
What can HR do?
In a recent CIPHR employment law seminar, Matthew Huggett, partner at Carbon Law Partners, explained how employers can best support people with these conditions.
“Your approach to hidden disabilities should be the same as your approach to more visible and easily identifiable conditions – even though they are more difficult to identify,” said Huggett.
“Talk to your occupational health department for advice about what you can do to help employees and candidates. Also speak to employees with these conditions to assess what you can do to help with their day-to-day work requirements.
Equality Act | Can Long Covid be considered a disability?
“And try to be creative on how you implement reasonable adjustments – one size won’t fit all, so see what works for individuals who need these adjustments in workspaces, working styles, and to your policies.”
Elsewhere, on its website, Benenden Health offers several suggestions for HR to consider:
Open conversations
Making a standard company policy for all employees and managers to have regular 1-2-1 meetings means that nobody feels singled out by asking for support, and everyone is treated the same.
Educate other employees on hidden disabilities
Making other employees aware and better educated on common hidden disabilities can help to create a more understanding, open and supportive environment for everybody. Without the knowledge of common disabilities and how they might manifest themselves in the workplace, employees can form unfair judgments or perceptions of those suffering.
Be flexible where you can
Of course, it’s compulsory for any employer to make reasonable adjustments in order to ensure all employees can carry out their jobs properly. However, going the extra mile and offering flexible working hours, or a working from home policy, can significantly improve employees’ quality of life.
