Asking about disabilities on job applications?

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I've been filling out job aps over the past few days, and I've noticed something: all of them have a section asking me if I have any kind of disability. They're asking me to self identify myself. What do you think of these sections? How do you answer them? They give me the option not to self identify, but I figure that's a pretty blatant way to say you have a disability anyway. I always check yes, because they're going to find out sooner or later if I get hired and I don't want them to think I was keeping important information from them. The last time I kept my Asperger's secret, they fired me as soon as they found out because "If we had known you had autism, we never would have hired you." What about you guys?

Lamest excuse ever to fire someone if you ask me...

I went to trade school, graduated top of my class, and then it took about six months for me to find a job doing what I was trained for. I was a little rusty after that time, but they still didn't have to teach me how to do a single thing-- I already knew it all. The problem was that I wasn't as fast as the my coworker, who had been doing this professionally for more than ten years. He whined about that, my managers asked why I was such a slowpoke, and the only thing I could think to say was that I had Aspergers, but I'd catch up before long. Just give me a chance. The next day, they fired me. And this was for a job the ad said "No experience required, will train on site!" I could have sued them, but I was so angry that I stormed out without demanding that in writing.

It's okay, though. I decided that's not what I wanted to do with my life anyway. Running a printing press is the most mind numbingly boring work on the planet.

I have some physical disabilities in addition to my AS. I check the box asking me if I have a disability & I mentioned it in interviews because I'd rather not get hired if certain aspects of the job will be unsafe for me.

That is straight discrimination and you can sue them for that.

Yeah. Like I said, though, I didn't think to ask for anything in writing, so I would have had no proof if I'd taken them to court. They could have just denied they said that and claimed they fired me because I was incompetent at my job, and they'd win.

You could still win the case, even if you didn't have solid proof - but it would be long shot. In Denmark, an employer must always state the reason for firing in a letter and I assume it's the same for you.

Look at his location, now look at yours. Demark and where he is from has different discrimination laws.

ADA is very fair when it comes to situations like this. In fact the EEOC given some great examples when it comes to this.

I'm going to report my previous post about disclosing

Depending on a person's job disclosing might be the best and worst thing. Most people have the mistaken belief that ADA protects you once you disclose so they can't fire you. If your disability is something that can cause an undue burden on your employer then you can be fired. So it's always best to go into a profession that works well with your disability. You definitely don't want to do retail, or a receptionist gig when your prone to melt downs cause an employer would have a right to fire you for a melt down.

Keep in mind feeling offended because you feel you're being 'babied" might be a symptom of a larger problem. I recommend people disclose but definitely work on it with your therapist on how to go about it. Cause you don't want to be put into their "ret*d radar" in which they think your an idiot so they give you the easy stuff and talk down to you which ensures you prob won't get much promotions.

In my case when I disclose and it's not done right people think I am lying and there is nothing wrong with me but one thing about autism even though many of us can act the part of 'normal' it comes out eventually and those people then felt you lied to them because you came off as successful.

I linked some ADA law about disclosure because when conversations about disclosing come up there is always misinformation with people saying, "they can't fire you after that point because of your disability" or "you can sue them and go to the EEOC for discrimination!"

_________________

Example 19: Tom, a program director, has successfully controlled most symptoms of his bipolar disorder for a long period, but lately he has had a recurrence of certain symptoms. In the past couple of weeks, he has sometimes talked uncontrollably and his judgment has seemed erratic, leading him to propose projects and deadlines that are unrealistic. At a staff meeting, he becomes angry and disparaging towards a colleague who disagrees with him. Tom’s supervisor tells him after the meeting that his behavior was inappropriate. Tom agrees and reveals for the first time that he has bipolar disorder. He explains that he believes he is experiencing a recurrence of symptoms and says that he will contact his doctor immediately to discuss medical options. The next day Tom provides documentation from his doctor explaining the need to put him on different medication, and stating that it should take no more than six to eight weeks for the medication to eliminate the symptoms. The doctor believes Tom can still continue working, but that it would be helpful for the next couple of months if Tom had more discussions with his supervisor about projects and deadlines so that he could receive feedback to ensure that his goals are realistic. Tom also requests that his supervisor provide clear instructions in writing about work assignments as well as intermediate timetables to help him keep on track. The supervisor responds that Tom must treat his colleagues with respect and agrees to provide for up to two months all of the reasonable accommodations Tom has requested because they would assist him to continue performing his job without causing an undue hardship.

[b]Practical Guidance: Ideally, employees will request reasonable accommodation before conduct problems arise, or at least before they become too serious.52 Although the ADA [b]does not require employees to ask for an accommodation at a specific time, the timing of a request for reasonable accommodation is important because an employer does not have to rescind discipline (including termination) warranted by misconduct. Employees should not assume that an employer knows that an accommodation is needed to address a conduct issue merely because the employer knows about the employee’s disability. Nor does an employer’s knowledge of an employee’s disability require the employer to ask if the misbehavior is disability-related.

________

Example 20: An employee informs her supervisor that she has been diagnosed with bipolar disorder. A few months later, the supervisor asks to meet with the employee concerning her work on a recent assignment. At the meeting, the supervisor explains that the employee’s work has been generally good, but he provides some constructive criticism. The employee becomes angry, yells at the supervisor, and curses him when the supervisor tells her she cannot leave the meeting until he has finished discussing her work. The company terminates the employee, the same punishment given to any employee who is insubordinate. The employee protests her termination, telling the supervisor that her outburst was a result of her bipolar disorder which makes it hard for her to control her temper when she is feeling extreme stress. She says she was trying to get away from the supervisor when she felt she was losing control, but he ordered her not to leave the room. The employee apologizes and requests that the termination be rescinded and that in the future she be allowed to leave the premises if she feels that the stress may cause her to engage in inappropriate behavior. The employer may leave the termination in place without violating the ADA because the employee’s request for reasonable accommodation came after her insubordinate conduct.

SOURCE: https://www.eeoc.gov/facts/performance-conduct.html




No he wouldn't and I wouldn't recommend ever giving legal advice for
Someone in a country other than your own. Sadly we get Europeans or Canadians who free socialized medicine who tell Americans not to seek a diagnosis cause it will take years or you'll spend a lot money if you want it quicker. When in America you just use your insurance call and you'll see someone within a week or two and pay a copay.

In the United States we have 50 states and each state has their own laws and of course there is a federal government with its own laws.

Most states the relationship between employee or employer is, 'At will' in fact the original poster is from an At Will state.

Basically in an at will state an employer doesn't have to give a reason to fire you they can fire you for your hair cut. They cannot fire you on race, religion, sexual orientation.

An employer can fire you and be protected by ADA if the disability causes an undue hardship to the employer.

This is also why we as Americans dislike foreign call centers even from English speaking countries because there is a huge disconnect from where your coming and where we are at.

I'll also link the state of Arkansas DOL FAQ

http://www.labor.arkansas.gov/faqs

FAQs
The following are some frequently asked questions that we receive here at the Labor Department. They are compiled by topic in order to make your search easier.

General

Q. I was fired from my job for no good reason. What can I do?

A. Arkansas recognizes the doctrine of "employment at will". This means that, as a general rule, either the employer or the employee may end the employment relationship at any time for any reason or for no reason at all. There are, however, a number of exceptions to this general rule under state and federal law. For example, state and federal law prohibit an employer from firing an employee on the basis of age, sex, race, religion, national origin or disability. Also, a woman cannot be fired because she is pregnant or has had an abortion. The Equal Employment Opportunity Commission administers the federal discrimination laws.

If a collective bargaining agreement, or union contract covers an employee, that agreement will typically provide some protection against arbitrary termination. State and federal law also provides some protection in the areas of garnishment, wage withholding, and wrongful discharge of an employee whose employment is for a definite period of time. The federal Family and Medical Leave Act provides certain employees with up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons. State law may also provide a legal remedy when an employee has relied on a written promise that he will be terminated only for cause or for good reason, and was subsequently terminated arbitrarily. Additionally, state law may provide protection where an employee is fired in violation of a clear public policy. This would include employees discharged for such things as refusing to break the law; serving on jury duty; obeying a subpoena; or reporting a suspected violation of state or federal law. There are also a number of "whistle-blowing" laws.

This is a changing area of the law and any answer is very dependent on the facts in any given circumstance. As a result, it is wise to consult an attorney with respect to any specific situation.



Q. Do I have any protection from losing my job if I have to be absent due to a serious medical problem
of my family or myself?

A. The federal Family and Medical Leave Act (FMLA) requires certain employers to provide up to 12 weeks of unpaid, job-protected leave to eligible employees for certain family and medical reasons. Employees are eligible if they have worked for a covered employer for at least one year, and for 1,250 hours over the previous 12 months, and if there are at least 50 employees within 75 miles. For more information, contact the U.S. Department of Labor, Wage and Hour Division, Danville Building 2, Suite 220, 10810 Executive Center Drive, Little Rock, Arkansas 72221. Their phone number is (501) 223-9114, fax number is (501) 223-8734, or their website address is http://www.dol.gov/elaws/fmla.htm.



Q. Does my employer have to give me a copy of my personnel records?

A. Government employees can request access to their personnel records under the state Freedom of Information Act. There is no state law, however, which requires non-government employers to provide their employees access or copies of their personnel files. Non-government employees have a right to view or copy their personnel file only if company policy or an employment contract grants such a right.



Wage and Hour

Q. How much time does my former employer have to pay me my final wages once my employment ends?

A. If a company or corporation terminates the employee, the company must tender any wages due within seven (7) days of the discharge provided the employee has requested or demanded payment. In all other cases, payment must be made at the regularly scheduled payday, absent some agreement between the employer and the employee to the contrary.



Q. What is the minimum wage?

A. The state minimum wage is $8.00 per hour. The Arkansas Minimum Wage Act covers employers with 4 or more employees. Employers covered by the federal Fair Labor Standards Act (FLSA) are also covered by the Arkansas law if they have 4 or more employees. An employer covered by both laws must pay the highest minimum wage.



Q. When does an employer have to pay overtime?

A. An employer has to pay overtime (one and one-half times the regular rate of pay) to non-exempt employees for all hours actually worked in excess of 40 hours in a workweek. This means that you may work more than 8 hours in a day or work more than a regularly scheduled shift, and still not exceed 40 hours of actual work in a workweek. If your employer pays you for hours not actually worked, such as for a holiday or a sick day, then those hours do not count as hours actually worked for the purpose of state and federal overtime law.



Q. Does my employer have to give me a meal break or other break?

A. Neither state nor federal wage and hour laws require an employer to provide a break or a meal period. (State law does require rest breaks for children under the age of 16 employed in the entertainment industry.) Rest periods for short duration, usually 20 minutes or less, are common in industry and promote efficiency. State and federal minimum wage and overtime laws require that these short periods be counted as hours worked and that covered employees be paid for the time. Bona fide meal periods (typically 30 minutes or more) generally need not be compensated as work time. The employee, however, must be completely relieved of duty during this time. If the employee is required to perform any duties, whether active or inactive, while eating, the meal period must be compensated as work time.



Q. Does my employer have to pay me for jury duty?

A. Neither state nor federal law requires a non-government employer to pay wages while an employee is on jury duty. Both state and federal law, however, protect an employee from discharge.



Q. What are the regulations on toilet breaks and rooms?

A. OSHA has specific regulations on number and access to toilets (also called water closets). These regulations can be accessed at http://www.osha.gov/pls/oshaweb/owadisp ... &p_id=9790
OSHA also explains more on accessibility in a 1998 interpretation at http://www.osha.gov/pls/oshaweb/owadisp ... p_id=22596



Q. What are the requirements for a business to be covered by state wage and hour laws as opposed to federal laws?

A. An employer must follow the strictest child labor laws, state or federal. To determine which law the employer of employees over the age of 17 is covered by, an employer that grosses over $500,000.00 per year or is engaged in interstate commerce is subject to both federal and state wage and hour law . An employer that grosses less than $500,000.00 per year and is not engaged in interstate commerce but has four (4) or more employees is subject to the state wage and hour laws.

Legally-speaking, there are only two ways that I know of where it is legal to inquire about a disability in the hiring process.

1. A yes/no question on if you have a disability that WOULD PREVENT YOU FROM BEING ABLE TO DO THE JOB even if you were provided "reasonable accommodations."

2. The "self-identification" section that's supposedly for EEO purposes (of which I am highly skeptical).

The sad reality is that regardless of what the law prohibits, employers can, and sometimes do, discriminate, and unless they are dumb enough to document it or admit to it, you'll never prove it in a court of law.

As such, that's why the common advice here is to only disclose a disability if it's obvious enough that you never can pass for "normal" or that you know from the start you will need accommodation at some point after you are hired.

I can't believe they would do that to you! That is discrimination if you ask me. One time an employer asked me how my disability affected me and when I explained they said there was no point employing me if Asperger's was going to take over. I was furious and when I told my Dad months later, he asked me why didn't I say so right from the beginning because if I did then he would have stormed in and shouted "What the hell do you think you are playing at?". Perhaps its not too late for him to do it though. After my job discrimination experience, I have lost trust in potential employers now.

I have seen the first question many times and the second one only once… It was for a DOD contractor and it said something along the lines the government contracts required to hire a certain number of people who are disabled. I wasn’t sure but I selected yes and never got a call back for an entry level position. Despite I have experience working in a similar environment and schedule (key part of the job).

As for discrimination… It’s extremely difficult to prove; even if it’s obvious.

I believe your referring to Scedule A hiring.

https://www.opm.gov/policy-data-oversig ... nt/hiring/

You typically have to get a Scedule A letter filled out there is also a number for each government jobs that you should be able to reach someone I often find those people are often clueless about Scedule A or don't want to hire using it