(United States) is it lying if when asked if I'm disabled I say no?

[dust]

Filled out several applications today, all of them had a section for "are you disabled yes/no/refuse".

I have PTSD and General Anxiety, and these were both examples of 'disability' on the list, but i still selected no because I don't need/want(?) accommodations. Seriously, there's nothing they can do. Even for noise, OSHA would require ear plugs anyway and I'm not physically disabled.

Selecting refuse basically says "yes i'm disabled", and I really don't want that considered when applying.

Is this fraud? Can my potential employer find out?(I assume no my medical records as an adult are private)
Obviously if it turns out I can't perform the job because of this (unlikely) I'd be fired because I promised I could but, I find it inappropriate they're asking outside of "do you need accommodations, if so please list."

eta: this was lumped in with the race/gender/are-you-a-vietnam-vet questions. they claim it's not attached to your application but. honestly, i dont believe that knowing this country.

[dust]

It's actually more of an equal opportunity thing that they ask in most cases. Which sounds counter-intuitive. But there you have it.

added: Which is basically what you said when you say it's tied into the demographic questions. So I guess I'm not totally sure what you're asking?

..well I tried to reply but apparently I can't post links. Oops.

Disabled people can legally be paid less, National Federation of the Blind (NFB) has a useful article on the topic, fair wage standards act doesn't cover disabled people. Goodwill and Salvation Army get in the news every so often because of it, but they're well within their rights unfortunately.

I'm applying for higher-education level jobs, but it's still a fear.

I'm asking if I can get fired or refused employment because of claiming to be nondisabled when I am technically disabled. It shouldn't impact my work and there are no reasonable accommodations that could be made for me. I don't think a background check will come up with hospitalizations (i've had 1 for mental reasons, ~7hrs, paid from pocket not insurance) but I have no idea how to be sure.

[dust]

The types of jobs you're referring to are for people who are developmentally disabled, who generally work under special programs where the wages are subsidized, and it's not really the same thing. At least in my opinion.

I think if you've been declared disabled you would know. Having mental health issues is not the same thing as being disabled.

No, it quite clearly included mental health disorders such as OCD, anxiety and PTSD among others as "disability". The list also included things like HIV/AIDS and Cancer.

I still have the paperwork from the hospital with my diagnosis. Technically I could probably jump through enough hoops to qualify for disability but I want to work. I really don't want to live on benefits.

I would know if I was declared mentally incompetent, yes.

Good to know the wage thing is regarding developmental disability. I mean not good, but selfishly good for me.

That STILL doesn't answer my question. If you're not from the US, then you really don't know.

[dust]

Yes. You can have mental health disorders and be disabled. You can also have them not not be disabled. It's not necessarily to do with qualifying for disability or not. If you've not been told by a doctor or qualified professional that you are disabled, chances are you're not so saying you are not is not fraud. It's the truth.

I'm not talking about mental incompetence. Nor am I saying what those places do is right. I'm saying it's done under a special government program and subsidy. Which is therefore different from the jobs you are applying to.

And oh for what it's worth, I am from the US. But not being from the US doesn't disqualify someone from being able to answer your question.

countries outside the US have very different standards for employment and would be coming from a different place.

What is the difference. You're basically saying 'you can have a disability and not be disabled', and that makes no sense.

Like for example, someone who must use a wheelchair to get around is physically disabled, yes. But that doesn't mean they can't work. It doesn't just go for physical issues, it can apply to mental issues as well.

So you're saying that person should check "no" to the question are you disabled, because they can work.

that doesn't even make sense.

i have a disorder that is listed under example conditions to disclose a disability. i flat-out lied and said i had nothing of the sort.
Can they find out.

[dust]

Just because you live somewhere where law and standards are different doesn't mean you can't be knowledgeable about a situation.

What the question is asking is, "are you physically or mentally disabled?" from my understanding of how you worded it.

What you are confusing is the question of if you are eligible for disability, which is government funding through social security for those who are unable to work.

Two completely different things.

So again. It's not fraud because you're not disabled. If you were disabled and you lied about it, then it would be fraud.

Could your employer find out? It's possible.

Could they fire you for it? Yes. Because you were fraudulent.

Answer your questions any better?

I WANT TO KNOW IF CLAIMING I'M NOT DISABLED IF I AM WILL GET ME FIRED.
There are no accommodations that could be made for said disability as it's neither physical nor developmental.
There is no reason I cannot do the job appropriately.

I'm not sure why you're so insistent that being mentally ill is not a disability because I believe myself capable of work. Physically disabled people arnet magically nondisabled because they can work.

[dust]

ok. How. If it's invisible (it is) and my medical records are sealed (I assume?? unless every doctor has lied to me), would this come up on a background check?

[dust]

That's a lot more clear, thank you.

I actually read the fine print before signing, no one I've applied to is doing any deeper than background check (A+, nothing since I was 16. Am 21), credit report (idgi but mine's fine) and maybe DMV (no accidents, no tickets).

I might be able to go to my university's career services with questions. The DOL website suggests that I don't have to disclose anything, but says nothing about claiming I'm normal outside "you can't ask for anything".

[dust]

i'm not registered, actually.
i was diagnosed as a freshman and never bothered to take it to that section of the university, psych services is aware of me but they're annoyingly useless ("just think happy thoughts!!1!" "stop being anxious!" types).
my gpa is good so I never had a need. only thing I'd consider is a medical single and even so I don't need it.. i'd just be less of a nervous wreck, but my roommate is cool so it's fine.

[random.swirls]

Im in England I know the rules are different etc. but I hope my answer is still valid.

Firstly the point about having a mental health condition and disability is that it would depend on how much it impacted upon your life. Legally there would be a definition and I know the UK one and some people with a diagnosis would meet it and others wouldn't.

In terms of the form you filled in if it was an equal oppurtunities form (indicated because it had the refuse to answer section) then not completing it correctly wouldn't be fraud as you could just tick refuse to answer etc.

In the UK we have Occupational Health and this is a health check some employers make you undergo - Im sure something similar exists in the US. In the UK lying on this would be fraud and could make you lose your job BUT I have undergone it and fully declared my mental health issues including having hospitilisations and passed - they are interested in if you can do the job. Here OH can ask for a Dr's letter should they need one to confirm your fitness.

[bitomato]

It depends on the jobs you are applying to.
For example in applying to attend Uni- I disclosed and went through completing reasonable adjustment forms etc. In some cases because of how the courses were set up- I could not get extensions etc

I think there might be clauses in the US that you have to be given an interview under the disabilities act? I might be wrong. Also is there are reasonable adjustments that can be made in the workplace they would be able to know up front

You can also just go through the process and wait until you get the job and disclose when you are ready. The issue is if you need help in the future, complications ensue in terms of timing etc. They would claim they didn't know so they couldn't offer support.

I don't disclose because I experienced pretty serious stigma in the past when I did. My choice. And it makes being genuinely ill and taking personal days more difficult. I always try to overcompensate.
Get some advice from occupational health or your doctor if they think you would benefit from any reasonable adjustments in the workplace.

Some jobs- like healthcare- you might need to disclose, at least to occupational health.