The Americans with Disabilities Act was passed into law in 1990, and with its implementation, persons with disabilities became protected against discrimination in all areas of public life. The ADA has five titles, and each title protects individuals with a physical or mental disability in a different facet of public life. Title I specifically relates to employment and protections against employment discrimination. Titles II and III also include provisions protecting against discrimination in the employment sector.
What qualifies you for protection under ADA?
To receive protection under ADA, the individual must experience substantially limited hearing or complete Deafness that affects access to major life activities. Positive interventions by the individual must not be included in that determination, meaning that if a person with hearing loss employs the use of a cochlear implant so that they can hear better, that should not be held against them, and they are still protected from discrimination in the workplace. An individual will also be protected under ADA if they have a record of Deafness or hearing loss and have had corrective surgery to fix their hearing.
Recruitment and Hiring Accommodations
Disclosure to self-report Deafness or hard of hearing is up to the applicant; it is not mandatory for an applicant to discuss their Deafness or hearing ability with a hiring manager during the application or recruitment process. It is illegal for an employer to ask about an individual’s hearing ability. Hiring managers can however ask about an individual’s ability to perform the essential parts of the job they are applying for. Questions like these can include if the individual has good communication skills or if the applicant can work in a noisy environment.
The one area that the ADA requires applicants to report their Deafness or hard of hearing is in the case of requesting a reasonable accommodation for the application or interview process. For instance, if a Deaf individual is requesting that a company provide a sign language interpreter for the interview process, then that individual would need to report their Deafness to the hiring manager. Other reasonable accommodations include assistive listening devices, assistive technology, and note-taking assistance.
Once an interview and the reasonable accommodations for the interview have been secured, the hiring manager can not ask about the applicant’s Deafness other than to discuss reasonable accommodations that may need to be made to make the job accessible. Hiring managers can not ask about the severity of the disability until a job offer has been made and accepted by the applicant.
When an employment offer has been made
Once an employment offer has been made, an employer may ask questions about the extent of the applicant’s Deafness. They may also request a follow-up medical examination to determine the severity of the Deafness. Through this medical examination, the employer may request a report determining the individual’s ability to safely perform the functions of the job they have applied for. If it is deemed that the employee is unable to safely perform the functions of the job without reasonable accommodation, then the offer of employment may be rescinded. There are many factors to this decision including the nature, severity of, and likelihood that potential harm will occur. The employer must also prove that harm would likely occur, it cannot be left up to speculation.
Another time an employer can question an employee’s Deafness is when determining what reasonable accommodations can be provided for the employee. ADA defines a reasonable accommodation as an accommodation that can be made to make the workplace more accessible for a Deaf or hard of hearing individual that does not place an undue burden on the company—meaning that it is not too difficult or expensive to accommodate. For instance, asking for a paid interpreter to accompany you to work and interpret everything throughout the day may be an undue burden as the company is having to provide an additional position to meet your accommodation. ADA law states that the employer must provide proof that it would not be able to financially afford a reasonable accommodation. A sign language interpreter as a sporadic accommodation or real-time captions would be reasonable; so would captioned phones, altering job functions, reassignment and lighted emergency alarms.
If you wish to request reasonable accommodations, you simply request them from your immediate supervisor. Medical documentation may be required to prove that it is essential for your job, but as long as the company can provide it and it is essential for you to do your job, you should be able to receive it.
Harassment
While we all enter new job opportunities with excitement and the best intentions, sometimes negative things can occur within the work environment. One possible, negative experience for people with Deafness include harassment. This is illegal under ADA and the governing commission that enforces ADA law, the Equal Employment Opportunity Commission (EEOC) has stringent laws that harassment of any kind is unacceptable and illegal.
The first step when reporting harassment at work would be to talk to an immediate supervisor and make your feelings known regarding the harassment. Once an incident of harassment has been reported, a manager should conduct a thorough investigation to see if the harassment report is warranted and take swift action to stop the harassment. The ADA also protects against retaliation from an employer for reporting harassment.
Conclusion
The ADA states that Deaf or hard of hearing individuals are to receive the same access to and accommodations for jobs as the general public. Failure to do so by an employment agency, employer, or labor union is a violation of their civil rights and can result in a discrimination lawsuit. Research has shown that Deaf individuals in the workplace add new perspective and create a community of inclusiveness. If you are interested in creating an inclusive and accessible work environment for all, reach out to Unspoken Language Services, a professional sign language interpreter service to help you reach your goals.
