wvmtner, apples/oranges
background & health checks happen AFTER you are accepted on the HIRE LIST, conditional on passing whatever screening is in process
tas - you can ask if applicant can legally work in USA, you can ask if legal working age
Title I of ADA (Americans w/Disability Act) lists these additional
prohibited questions:
Have you ever been hospitalized? If so, for what condition?
Have you ever been treated by a psychiatrist or psychologist? If so, for what condition?
Is there any health-related reason that you may not be able to perform the job for which you are applying?
How many days were you absent from work because of illness last year?
Are you taking any prescribed drugs?
Have you ever been treated for drug addiction or alcoholism?
so you're stuck between a rock & a hard placeOptions for answering an illegal question
You are free to answer the question. If you choose to do so, realize that you are giving information that is not job-related. You could harm your candidacy by giving the "wrong" answer. You can refuse to answer the question. By selecting this option, you'll be within your rights, but you're also running the risk of coming off as uncooperative or confrontational - hardly the words an employer would use to describe the "ideal" candidate.
good luck
wvmtnr - the bulb just "lit" on your screen name, that's a long transplant