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mining job
Jun 8, 2015

i was sent a form from a mine and da form had a question "do u have a chronic illness if so state" is it a must to disclose my status on that form is it illegal if i dnt disclose

Response from Mr. Chambers

If your employer is in the United States AND has over 15 employees, it is illegal under the Americans with Disabilities Act for them to ask anything about your health other than "Are you able to do the job?"

Once they have given you a firm job offer, they may require a pre-employment physical exam where you would have to disclose your condition and medications. However, all that your employer should get is a statement of whether or not you can perform the job duties.

This is regulated by the federal Equal Employment Opportunities Commission (EEOC). Check their site for the nearest regional office.

Now to the real world. What do you do with this? You do not want to lie because that can be a valid reason for termination. It's tempting to say just leave it blank and see what happens. If asked about it, just say, "I figured it was an out-of-date form since ADA doesn't permit that until there is a firm job offer."

I realize that alone could cause your prospective employer to pass you over.

Either way, consider taking it to EEOC. They are good about stopping practices like that.

Good luck


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