EEOC provides an update on how the ADA protects job seekers and employees who are deaf – Employee Rights/Labor Relations

of Equal Employment Opportunity Commission (EEOC) Provided new guidance to employers on how the ADA applies to job applicants and employees who are deaf. EEOC’s new resource focuses on her three areas: obtaining and using medical information, reasonable accommodation for hearing impairments, and addressing safety concerns. Here’s what employers should know:

of Americans with Disabilities Act (ADA)Prohibit discrimination against eligible persons with disabilities. Hearing impairment may be a disability covered by the law. Examples of hearing impairments include hearing loss, deafness, tinnitus, and noise sensitivity.

Acquisition and Use of Medical Information

What an employer can ask about a disability and what information is available depends on where the employee or prospective employee is in the hiring process. Different rules apply at different stages.

• before job offer – You may not ask any health questions or require a medical examination prior to a conditional employment offer. Employers may ask questions related to the applicant’s ability to perform the essential functions of the job.
  • Respond quickly to instructions in a noisy, fast-paced work environment.

  
  

  • Good communication skills.

  
  

  • You can meet the legally mandated safety standards necessary to get the job done.

The prohibition on medical-related questions applies even if the disability is obvious or the applicant voluntarily discloses the disability.

As an exception to this prohibition, the disability is manifest or has been voluntarily disclosed and the employer believes the applicant needs accommodation in order to complete the application process or perform the job. If they think reasonably, an employer can ask if an accommodation is required. and which type.

• After job offer – Employers can ask health and disability related questions and request medical examinations as long as all applicants for the same type of work are treated equally. If an applicant voluntarily discloses a hearing-related disability after an offer is made, employers may ask follow-up questions such as:
  • How long has the applicant been in the condition?

  
  

  • What hearing, if any, will the applicant undergo?

  
  

  • What are the applicant’s specific hearing limitations?

  
  

  • What are reasonable accommodations necessary for an employee to perform his or her duties?

The employer may then send the applicant for a follow-up medical examination or hearing test, or submit medical documentation specifically tailored to determine whether the applicant is able to perform the essential functions of the job. can be requested.

• employee – In general, employers cannot ask employees disability-related questions. However, employers may not ask questions related to a particular employee’s medical condition, if they know of a particular employee’s medical condition, if they observe a performance problem, and if they reasonably believe the problem is related to a medical or require employees to undergo medical examinations. Observed symptoms or received credible information that the employee may have a medical condition that is causing performance problems.

Employers can ask specifically about an employee’s hearing condition.

• If we have a reasonable belief that the employee is unable to safely perform essential functions of the job due to their condition, or if the information is needed to support the employee’s request for reasonable accommodation.




• To enable employees to participate in voluntary wellness programs.




• To verify an employee’s use of sick leave related to hearing impairment where the employer requires all employees to provide a medical certificate to justify the use of sick leave.

reasonable accommodation

Examples of reasonable accommodations for deaf employees that the EEOC has provided include:

• sign language interpreter




• assistive technology




• Assistive hearing device (ALD)




• well-written notes and memos (especially used for brief, simple, or routine communication)




• Note-taking assistance when using Communication Access Realtime Translation (CART) services or sign language interpreters




• Arranging your work area (for example, a desk away from noisy areas, or near an emergency alarm with strobe lighting)




• Leave in the form of unpaid paid leave or unpaid leave if paid leave is used up or cannot be taken




• Non-mandatory job changes for employees




• Relocation to Vacant

safety concerns

When it comes to safety concerns, it is important that employers do not act on myths, fears and stereotypes about hearing impairments. Employers may exclude deaf individuals from work for safety reasons only if the individual poses a “direct threat.” A “direct threat” is a serious risk of serious harm to an individual or other person that cannot be eliminated or mitigated by reasonable accommodation. An individual “direct threat” assessment should be conducted, based on sound medical judgment based on current medical knowledge and the best available objective evidence. There are four factors to consider when making this assessment:

(1) Risk period

(2) the nature and severity of potential harm;

(3) Possibility of potential harm

(4) imminence of potential harm;

The harm is serious, likely to occur, and not remote or speculative. Employers must determine whether a reasonable accommodation would reduce or eliminate the risk.

The content of this article is intended to provide a general guide on the subject. You should seek professional advice for your particular situation.