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Author Topic: Job Applicants and Disability Inquiries...  (Read 681 times)

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Offline OneTampa

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  • Posts: 2,219
  • "Butterflies are free."
Job Applicants and Disability Inquiries...
« on: July 24, 2014, 11:58:03 AM »
Was informed that some potential employers ask about job applicant disabilities (including HIV/AIDS) at the initial stages under the guise of "reasonable accommodations and inclusive hiring". Often this is a voluntary response inquiry (even with online applications). Job seekers may elect to "NOT ANSWER" during this initial application stage.

The following link details when it is appropriate for the employer to request the disability information and the applicant provide it.  Essentially it when a job offer has been extended according to the US EEOC guidelines.

EEOC Link:

http://www.eeoc.gov/facts/jobapplicant.html#potential

« Last Edit: July 24, 2014, 12:03:33 PM by OneTampa »
"He is my oldest child. The shy and retiring one over there with the Haitian headdress serving pescaíto frito."

Offline JR Gabbard

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Re: Job Applicants and Disability Inquiries...
« Reply #1 on: July 24, 2014, 12:51:22 PM »
The only disability you should disclose at the application stage is a physical disability that will make it difficult for you to apply for the job.  HIV doesn't fit that description.
Also, it's not really a good idea to disclose your HIV status to an employer at all, unless absolutely necessary.  Your privacy is yours to protect, or lose.
It goes like this
The fourth, the fifth,
The minor fall, the major lift,
The baffled king composing Hallelujah!

L. Cohen

Offline OneTampa

  • Member
  • Posts: 2,219
  • "Butterflies are free."
Re: Job Applicants and Disability Inquiries...
« Reply #2 on: July 24, 2014, 03:19:07 PM »
The only disability you should disclose at the application stage is a physical disability that will make it difficult for you to apply for the job.  HIV doesn't fit that description.
Also, it's not really a good idea to disclose your HIV status to an employer at all, unless absolutely necessary.  Your privacy is yours to protect, or lose.

JR:  Thank you.  I thought the request was outside the bounds.

Jeff: Thanks for moving the thread to this section.
"He is my oldest child. The shy and retiring one over there with the Haitian headdress serving pescaíto frito."

Offline NewAdventure1

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  • Posts: 29
Re: Job Applicants and Disability Inquiries...
« Reply #3 on: July 24, 2014, 08:44:48 PM »
I just went through this very issue and sought out legal advice from the State Lawyer. I was informed NOT to disclose it under any circumstances.  I work in the health care setting and in nursing school so I thought I was under obligation to disclose, but I was corrected.
02/2013 Tested Negative
Exposure between 02/2013-10/2013
06/03/2014 Tested Positive
06/06/2014  VL 787 CD4 881
07/08/2014 VL 1756 CD4 813
07/27/2014 Started Complera

Offline OneTampa

  • Member
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  • "Butterflies are free."
Re: Job Applicants and Disability Inquiries...
« Reply #4 on: July 25, 2014, 11:14:58 PM »
JR:  Thank you.  I thought the request was outside the bounds.

Jeff: Thanks for moving the thread to this section.

The following information request was pulled from an online job application:

Voluntary Self-Identification of Disability                                            Form CC-305   
                                                                                                                OMB Control Number 1250-0005
                                                                                                                Expires 1/31/2017
Voluntary Self-Identification of Disability


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

Please check one of the boxes below:

   YES, I HAVE A DISABILITY (or previously had a disability)
   NO, I DON'T HAVE A DISABILITY
   I DON'T WISH TO ANSWER

Reasonable 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.

iSection 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 U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) website at www.dol.gov/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.
"He is my oldest child. The shy and retiring one over there with the Haitian headdress serving pescaíto frito."

Offline JR Gabbard

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  • Posts: 257
  • Union Jacks
Re: Job Applicants and Disability Inquiries...
« Reply #5 on: July 27, 2014, 07:35:06 PM »
OneTampa--
Yes, if you are asking for preferential hiring treatment based on a disability (HIV included), you must disclose that you have a disability.  You don't have to disclose exactly what disability you have, though.  Your doctor can write a generic disability letter, that says you have a qualifying disability without disclosing what that disability is.
They prefer to do it that way, in my experience.
It goes like this
The fourth, the fifth,
The minor fall, the major lift,
The baffled king composing Hallelujah!

L. Cohen

Offline OneTampa

  • Member
  • Posts: 2,219
  • "Butterflies are free."
Re: Job Applicants and Disability Inquiries...
« Reply #6 on: August 01, 2014, 09:34:10 PM »
OneTampa--
Yes, if you are asking for preferential hiring treatment based on a disability (HIV included), you must disclose that you have a disability.  You don't have to disclose exactly what disability you have, though.  Your doctor can write a generic disability letter, that says you have a qualifying disability without disclosing what that disability is.
They prefer to do it that way, in my experience.

Thanks again JR.
"He is my oldest child. The shy and retiring one over there with the Haitian headdress serving pescaíto frito."

 


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