I also do this. But given the context of this post ("AI" models filtering resumes prior to ever getting in front of a human), maybe "decline to answer" comes with a hidden negative score adjustment that can't be (legally) challenged.
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.
"Employers should have a process in place to provide reasonable accommodations when using algorithmic decision-making tools;"
"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?
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.