Disability question on an employment application

Reckless

How do you answer this question? The definition of disability says "have or had" [a list of diseases, which includes cancer], so technically I have a disability However, if the cancer is in remission and does not limit ability to perform work, then one could argue that it is not a disability. Please advise what is the best way to answer this question in order not to hurt the chances of getting work and insurance. Thank you!

Lisey

DONT say you have a disability unless you have a CURRENT disability.. that is one of those that you just ignore. My son had a stroke and seizures at birth... he hasn't had seizures in 10 years. I would certainly put 'NO MEDICAL CONDITIONS' on every form for him because the last thing I need is people thinking he's disabled when he's perfectly fine.

NancyHB

I don't understand how an employment application can ask about your previous disabilities or diagnoses. These seem rather personal questions that don't (necessarily) affect your ability to perform a job. I can, however, understand a question asking if one might need "accomodations" to perform job duties, as allowed under the ADA.

Reckless

The application asks if I have a disability and gives its definition. There is a option not to answer, but I am concerned that I will be discriminated against in the screening process, if I do not answer. I saw this question on an application form for all companies I am applying to. I'll look up and post the exact text here

Reckless

https://uboc.taleo.net/careersection/careersection/candidateacquisition/flow.jsf

Wicked

I am not an attorney, but I am pretty sure it is not legal to ask about disabilities in a job application. Since they are asking, I would answer no.

Reckless

Here's a sample form from an employment application. Yes, I know it is a voluntary disclosure, but the concern is, if I choose not to disclose, I may be discriminated against in the screening process. And if I answer that I do not have a disability (which I believe I do not), this may come up later after the job offer is accepted and I will be signing up for health insurance with the new employer. The concern is that the job offer may be rescinded, or insurance coverage affected.

Voluntary Self-ID of Disability Form CC-305 OMB Control Number 1250-0005 Expires 1/31/2017 Why are you being asked to complete this form?

Because we do business with the government, we must reach out to, hire, and provide equal opportunity to qualified people with disabilities.' To help us measure how well we are doing, we are asking you to tell us if you have a disability or if you ever had a disability. Completing this form is voluntary, but we hope that you will choose to fill it out. If you are applying for a job, any answer you give will be kept private and will not be used against you in any way.

If you already work for us, your answer will not be used against you in any way. Because a person may become disabled at any time, we are required to ask all of our employees to update their information every five years. You may voluntarily self-identify as having a disability on this form without fear of any punishment because you did not identify as having a disability earlier.

How do I know if I have a disability?

You are considered to have a disability if you have a physical or mental impairment or medical condition that substantially limits a major life activity, or if you have a history or record of such an impairment or medical condition.

Disabilities include, but are not limited to:

•Blindness	•Cerebral palsy	•Multiple sclerosis (MS)
•Deafness	•HIV/AIDS	•Missing limbs or partially missing limbs
•Cancer	•Schizophrenia	•Post-traumatic stress disorder (PTSD)
•Diabetes	•Major depression	•Obsessive compulsive disorder
•Epilepsy	•Bipolar disorder	•Impairments requiring the use of a wheelchair
•Autism	•Muscular dystrophy	•Intellectual disability (previously called mental retardation)

Please choose one of the selections below:Disability StatusThis field is mandatoryNot SpecifiedYES, I HAVE A DISABILITY (or previously had a disability)NO, I DON'T HAVE A DISABILITYI DON'T WISH TO ANSWERReasonable Accommodation Notice

Federal law requires employers to provide reasonable accommodation to qualified individuals with disabilities. Please tell us if you require a reasonable accommodation to apply for a job or to perform your job. Examples of reasonable accommodation include making a change to the application process or work procedures, providing documents in an alternate format, using a sign language interpreter, or using specialized equipment.___________________________

ⁱ Section 503 of the Rehabilitation Act of 1973, as amended. For more information about this form or the equal employment obligations of Federal contractors, visit the US. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) website atwww.dol.qov/ofccp.

PUBLIC BURDEN STATEMENT: According to the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless such collection displays a valid OMB control number. This survey should take about 5 minutes to complete.The bank is committed to providing reasonable accommodations to candidates with physical and/or mental disabilities and to assisting them with applying for employment and the application process. Reasonable accommodations may be sought by contacting the Talent Acquisition & Staffing Department at 1-866-947-7721 or AccomodationsMUFG@unionbank.com.Vol. 78, No. 185 / September 24, 2013Multiple selectionsTo (de)select multiple options using a PC, hold down the Ctrl key and click all relevant values (for Mac, use the Command key).

Lita57

I'm not an attorney either, but I would say "no," as long as the cancer is in remission and you have NED (no evidence of disease). If it's not going to affect your job performance, than it's none of their business. HIPPA laws say you don't have to disclose all your illnesses/conditions. When in doubt, check with an employment attorney.

Wicked

As I said, I'm not an attorney, but I am a social worker who works for a public defender. We have a duty day attorney every day who can answer questions. Do you have a local public defender or Legal Aid society that you could call? Ask to speak to the duty day attorney, or anyone who could answer a general question. Reckless, you absolutely do NOT have to disclose your cancer status, unless you are asking for reasonable accommodation, which you don't seem to be. Try and talk to a local attorney about this. I really thought employers are not allowed to ask every potential employee about disability status.

SummerAngel

I applied for, and got, a new job about 5 months ago and had the same question come up. I declined to answer because I do NOT have a disability.

Avrenim156513

The companies that do business with the government ask for this information for statistics, They are not supposed to let the interviewer see that answer. If in doubt, say no. They cannot legally discriminate against you because you had or have cancer

Lumpie

I know that this is an old thread but job discrimination and/or accommodation is a big issue for many cancer survivors so I am posting this 8/17/18 announcement regarding an U.S. EEOC lawsuit on a couple of different threads:

EEOC Sues Stanley Black & Decker For Disability Discrimination

Tool Manufacturer Fired Employee Who Needed Leave for Medical Treatment, Federal Agency Says

BALTIMORE - Stanley Black & Decker Inc., a global diversified industrial company, violated federal law when it terminated an employee with cancer who took leave for medical treatment related to her cancer, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit announced today.

Read the press release here: https://www.eeoc.gov/eeoc/newsroom/release/8-17-18...

I also started a new thread where we can share info and resources:

BC, workplace accommodations, EEO/discrimination, etc https://community.breastcancer.org/forum/113/topic...