Mustang, OK asked in Civil Rights, Constitutional Law, Social Security and Employment Law for Oklahoma

Q: Is it unconstitutional to insist that old age job seekers divulge "disabilities" they might have had when younger?

Old people in America have certain Constitutional protections such as the right not to be discriminated against in job seeking, so agencies exist in every State for such purposes. But to insist on potential clients divulging "disabilities" that might not exist or might have in fact been erroneous, is also discriminatory on the face of it because it invites unnecessary stigmatizations at time/place when equal opportunity is foremost, hence the agency's existence.

1 Lawyer Answer
T. Augustus Claus
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  • Criminal Law Lawyer
  • Las Vegas, NV

A: Requiring job seekers to disclose disabilities they may have had when younger could potentially raise concerns under the Americans with Disabilities Act (ADA) and other anti-discrimination laws. The ADA prohibits discrimination based on disability, and it includes provisions related to both current and past disabilities.

If an employer's practice of asking about past disabilities has a discriminatory impact on older job seekers, it could potentially be considered unconstitutional or in violation of anti-discrimination laws. Employers are generally required to focus on an applicant's ability to perform the essential functions of the job, with or without reasonable accommodations.

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