Disclosing disability on job application

[Night Elf]

My son has Aspergers. He's about to apply for a job at our local grocery store. The application is online. My mom thinks there will be a question asking if the person has a disability. Would that really be on an application? If so, would you mention Aspergers? Would you wait and do it during the interview? I do think it's easy to notice something isn't NT about my son, perhaps easy to see something is going on. I'm afraid that will affect his interview. But if he does mention it, what if they choose not to hire him thinking it will be a problem affecting his job performance? This grocery store has had special needs people working there, or at least one I know about recently. I don't know what happened to him because I don't see him anymore. What do you think my son should do? His counselor is meh about it. She wouldn't give us a straight answer. She said it helps to know the person but he doesn't know anyone that works there, especially the personnel manager that will be interviewing him.

[Mergath]

I would only mention it if he is going to need accommodations for it during work.

[Guest]

It is illegal for an employer to ask about disabilities on a job application. Here's good info about your son's rights:

 

https://www.eeoc.gov/facts/ada18.html

[magnificent_baby]

I've applied for about 6 jobs over the past 2 weeks; disability status has been on every single one of them. Not necessarily on the application itself, but as a separate form/page and requires a signature.

 

I didn't read through it closely, as it doesn't apply to me, but it appears to be more of a protection/accommodation/rights type of statement. 

 

If he is not officially disabled, I would answer no, but perhaps bring it up in the interview. 

[gardenmom5]

there are certain fields of questions which are illegal for a potential employer to ask.  pretty sure that's one.

 

eta: just because a question is illegal - doesn't mean employers don't ask.  but it's still illegal to ask.

the advice on all the sites addressing illegal questions is to address the concern.  if his disability won't prevent him from the duties in his job description- that is the best way for him to address an illegal question.

Edited September 9, 2016 by gardenmom5

[zoobie]

I've applied for about 6 jobs over the past 2 weeks; disability status has been on every single one of them. Not necessarily on the application itself, but as a separate form/page and requires a signature.

 

I didn't read through it closely, as it doesn't apply to me, but it appears to be more of a protection/accommodation/rights type of statement.

 

If he is not officially disabled, I would answer no, but perhaps bring it up in the interview.

Without reading the forms, it's impossible to guess for sure, but in my state, it is acceptable to ask about prior physical injuries or disabilities to judge fitness for the job. The employee's eligibility for workers' compensation can be at risk if he omits a physical disability.

 

Example: employee has a prior back injury for which he received workers' compensation benefits and was assessed a permanent partial disability rating to his back by his treating physician. Employee fails to disclose this prior disability when specifically asked (which is why it's on a separate sheet with signature and date). Employee suffers another back injury. The employer/insurer can use the failure to disclose as a defense against providing workers' compensation benefits.

 

OP, more than likely it's relating to physical disabilities because of workers' compensation. Aspergers does not affect WC.

[Ravin]

https://www.eeoc.gov/facts/jobapplicant.html

[magnificent_baby]

Without reading the forms, it's impossible to guess for sure, but in my state, it is acceptable to ask about prior physical injuries or disabilities to judge fitness for the job. The employee's eligibility for workers' compensation can be at risk if he omits a physical disability.

 

Example: employee has a prior back injury for which he received workers' compensation benefits and was assessed a permanent partial disability rating to his back by his treating physician. Employee fails to disclose this prior disability when specifically asked (which is why it's on a separate sheet with signature and date). Employee suffers another back injury. The employer/insurer can use the failure to disclose as a defense against providing workers' compensation benefits.

 

OP, more than likely it's relating to physical disabilities because of workers' compensation. Aspergers does not affect WC.

 

I tried to pull up the applications I've done online, can't get into them now since they are completed. I have a paper app right in front of me and it says at the top Equal Opportunity Employment Self Identification Form, also asks about veteran status. I'm assuming this is exactly what the other apps asked as well. It's totally separate from the application, but still included with all the paperwork. It says it's for federal reporting research purposes and does not affect the applicant.

Edited September 9, 2016 by magnificent_baby

[Jean in Newcastle]

Ds, who has Aspergers, had a grocery store job and did not have to disclose it. 

[gardenmom5]

I tried to pull up the applications I've done online, can't get into them now since they are completed. I have a paper app right in front of me and it says at the top Equal Opportunity Employment Self Identification Form, also asks about veteran status. I'm assuming this is exactly what the other apps asked as well. It's totally separate from the application, but still included with all the paperwork. It says it's for federal reporting research purposes and does not affect the applicant.

 

so - you shouldn't have to actually fill it out.  this is how they're asking illegal questions.

[TechWife]

If he does not need an accommodation for the interview, I would not disclose until after a job offer is made. At that point, he can ask for a written job description. If he needs an accommodation for any of the "essential" tasks, then he can bring it up then. If the accommodation is reasonable, they are required to provide it. If the accommodation is not reasonable, then they are not. 

 

For example, someone applying to stock in a grocery store may have to enter a freezer. It is considered essential to do the job. If the employee cannot tolerate cold for periods of time, they may request to wear special clothing or equipment. That is a reasonable accommodation. It is not reasonable for the employee to be excused from performing the task. 

[Night Elf]

I cannot imagine him needing physical accommodations. The only thing he is worried about is if they decide they want him as a cashier where he'll be interacting with customers a lot. He prefers a stock clerk position.

[TechWife]

I cannot imagine him needing physical accommodations. The only thing he is worried about is if they decide they want him as a cashier where he'll be interacting with customers a lot. He prefers a stock clerk position.

 

Then he would just need to make sure he puts "stock clerk" on his application and if they offer him a cashier position, he can politely decline it and let them know he is still interested in working as a stock clerk if any openings become available. 

[MomatHWTK]

Employers can ask uniform questions not intended to discriminate on the basis of disability and after an offer can require physical, mental etc. testing. Post-offer but pre-employment testing must be required uniformly of all employees. 

 

Here's some resources:

http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2092557/pdf/304.pdf

 http://www.coaa.ab.ca/portals/information/documents/workshops-fitnessforwork-paper.pdf 

 https://www.eeoc.gov/laws/practices/inquiries_medical.cfm

 https://www.ccohs.ca/oshanswers/psychosocial/fit_to_work.html

Edited September 9, 2016 by MomatHWTK