On January 24, 2023, the US Equal Employment Opportunity Commission (EEOC) released an updated resource document, “Hearing Disabilities in the Workplace and the Americans with Disabilities Act,” explaining how the Americans with Disabilities Act (ADA) applies to job applicants and employees who are deaf or hard of hearing or have other hearing conditions.
The document outlines how certain pre- and post-job offer disability-related questions can violate the ADA, describes easy-to-access technologies that can make providing a reasonable accommodation for a hearing disability free or low-cost, addresses employer concerns about safety, and shares realistic scenarios of potential discrimination. In addition to adding information about discrimination against job applicants, the updated document provides new or updated examples that reflect available technologies. The document clarifies that discrimination may occur when employers act on unfounded assumptions that workers with hearing conditions will cause safety hazards, increase employment costs, or have difficulty communicating. The document also discusses harassment and retaliation.
In particular, this document explains:
- when an employer may ask an applicant or employee questions about a hearing condition and how it should treat voluntary disclosures;
- what types of reasonable accommodations applicants or employees with hearing disabilities may need;
- how an employer should handle safety concerns about applicants and employees with hearing disabilities; and
- how an employer can ensure that no employee is harassed because of a hearing disability or any other disability.
The updated resource document can be found here.
Compliance Perspective
Issue
Individuals who are deaf, hard of hearing, or have other hearing conditions can perform successfully on the job and should not be denied opportunities because of stereotypical assumptions about their hearing. The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability, unless doing so would cause significant difficulty or expense for the employer. A reasonable accommodation is any change in the work environment (or in the way things are usually done) to help a person with a disability apply for a job, perform the duties of a job, or enjoy the benefits and privileges of employment.
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.*
