The US Equal Employment Opportunity Commission (EEOC) released an updated technical assistance document, “Visual Disabilities in the Workplace and the Americans with Disabilities Act,” on July 26, 2023. The document explains how the Americans with Disabilities Act (ADA) applies to job applicants and employees with visual disabilities.
The document outlines when an employer may ask an applicant or employee questions about their vision, how an employer should treat voluntary disclosures about visual disabilities, and what types of reasonable accommodations those with visual disabilities may need in the workplace. The updated document highlights new technologies for reasonable accommodation, many of which are free or low-cost, and describes how using artificial intelligence (AI) and algorithms to make employment decisions can impact individuals with visual disabilities.
The document addresses how an employer should handle safety concerns about applicants and employees with visual disabilities and how an employer can ensure that no employee is harassed because of a visual disability. The document also discusses harassment and retaliation.
“The ADA became law 33 years ago today and continues to provide vital protections for workers, including those with visual disabilities,” said EEOC Chair Charlotte A. Burrows. “Providing reasonable accommodations is an employer’s responsibility. Workers who have vision impairments, including limited or low vision, should be provided the resources needed to succeed. This document will provide employers the guidance to do so.”
The updated document can be accessed here.
Compliance Perspective
Issue
The EEOC enforces and provides leadership and guidance on the employment provisions of the ADA, a federal law that prohibits discrimination against qualified individuals with disabilities. Many individuals with vision impairments can successfully and safely perform their jobs, with or without reasonable accommodation. Under the ADA, these individuals should not be denied employment opportunities for which they are qualified based on stereotypes or incorrect assumptions that they may cause safety hazards, may increase employment costs (whether related to provision of reasonable accommodation or for other reasons), or may have difficulty performing certain job duties.
Discussion Points
- Review your policies and procedures for providing reasonable accommodations for employees with disabilities, including candidates for employment within your facility. Update your policies as needed.
- Train staff, especially those involved with the hiring process, on your policies for providing reasonable accommodations for employees with disabilities, including potential candidates for employment.
- Periodically audit to ensure that reasonable accommodations are made for any employees needing them. Additionally, conduct periodic audits to ensure any potential candidates with a disability were not discriminated against.
*This news alert has been prepared by Med-Net Concepts, LLC for informational purposes only and is not intended to provide legal advice.*
