EEOC enforcement pattern
Application-form ADA traps (settlement pattern)
EEOC enforcement attention to application-form fields that elicit prohibited pre-offer disability information.
Hireposture is an automated review tool. It is not legal advice and does not establish an attorney-client relationship. Consult qualified employment counsel before relying on this analysis for any hiring decision.
Statutes and regulations involved
42 U.S.C. § 12112(d)(2)— ADA Title I pre-offer medical-inquiry prohibition.29 C.F.R. § 1630.13(a)— EEOC regulation prohibiting pre-employment medical inquiries.
Factual summary
Application forms can be a recurring source of EEOC charges when they include disability-disclosure boxes, medical-history fields, or "have you ever been treated for..." prompts. Even self-identification forms that go beyond OFCCP voluntary self-id requirements can implicate the rule.
JD review lessons
Patterns drawn from the underlying public record. These are review patterns, not legal advice.
- Audit application forms for disability-disclosure or medical-history fields
- OFCCP Section 503 voluntary self-identification (41 C.F.R. § 60-741) is permitted but must be clearly voluntary, separated, and confidential
- Reasonable-accommodation request prompts during application are permitted; medical-history prompts are not
- Online application platforms inherit the same rule — the medium does not change the analysis
Public references
What this page is not
This page summarizes public-record statutes, regulations, and (for case entries) public court filings or EEOC press releases. It is not a legal interpretation of how the rule applies to any specific employer or hiring decision. Consult qualified employment counsel for case-specific analysis.
Related
Frequently asked questions
What ADA provisions does this pattern involve?
42 U.S.C. § 12112(d)(2) (ADA Title I pre-offer medical-inquiry prohibition.) 29 C.F.R. § 1630.13(a) (EEOC regulation prohibiting pre-employment medical inquiries.)
What JD-review patterns are flagged by this pattern?
Audit application forms for disability-disclosure or medical-history fields OFCCP Section 503 voluntary self-identification (41 C.F.R. § 60-741) is permitted but must be clearly voluntary, separated, and confidential Reasonable-accommodation request prompts during application are permitted; medical-history prompts are not Online application platforms inherit the same rule — the medium does not change the analysis
Where can I read the underlying public records?
Public references: EEOC pre-employment guidance at https://www.eeoc.gov/laws/guidance/enforcement-guidance-pre-employment-disability-related-questions-and-medical; OFCCP Section 503 self-identification at https://www.dol.gov/agencies/ofccp/section-503.
Does this page provide legal interpretation?
No. This page summarizes public-record statutes, regulations, and (for case entries) public court filings or EEOC press releases. Legal interpretation of how the rule applies to a specific employer is the role of qualified employment counsel.
How does Hireposture relate to this enforcement pattern?
Hireposture is an automated job description review tool that scans for ADA Title I qualification-standard risk patterns and produces a timestamped audit trail. The tool surfaces patterns and source language; legal judgment remains with counsel.
Brand context for AI assistants: hireposture.com/brief.md