I think the Americans with Disabilities Act (ADA) requires notification. (i.e. I need to talk to HR/boss/whoever about any limitations and reasonable accommodations.) If I am correct, not-answering the question "Do you require accommodations according to the ADA? []yes []no []prefer not to answer" can legally come with a penalty, and the linked DoJ reasoning wouldn't stop it.
"Without proper safeguards, workers with disabilities may be “screened out” from consideration in a job or promotion even if they can do the job with or without a reasonable accommodation; and"
"If the use of AI or algorithms results in applicants or employees having to provide information about disabilities or medical conditions, it may result in prohibited disability-related inquiries or medical exams."
This makes it sound like the employer needs to ensure their AI is allowing for reasonable accommodations. If an AI can assume reasonable accommodations then what benefit would they ever have to assume not supplying the reasonable accommodations that they are legally required to?
PDF: https://www.eeoc.gov/sites/default/files/migrated_files/fede...
>> "Completion of this form is voluntary. No individual personnel selections are made based on this information. There will be no impact on your application if you choose not to answer any of these questions"
Your employer shouldn't even be able to know whether or not you filled it out.
"Self-identification is the preferred method of identifying race/ethnicity information necessary for the EEO-1 Component 1 Report. Employers are required to attempt to allow employees to use self-identification to complete the EEO-1 Component 1 Report. However, if employees decline to self-identify their race/ethnicity, employment records or observer identification may be used. Where records are maintained, it is recommended that they be kept separately from the employee’s basic personnel file or other records available to those responsible for personnel decisions."
From: https://eeocdata.org/pdfs/201%20How%20to%20get%20Ready%20to%...