July 26, the Equal Employment Opportunity Commission (EEOC) issued a new Q&A on the application of the Americans with Disabilities Act (ADA) to workers who have hearing impairments or are deaf. Topics addressed in the document include:
• When a hearing loss is a disability under the ADA;
• When an employer may ask an applicant or employee about a hearing impairment and what it should do if an applicant voluntarily discloses the impairment;
• Voluntarily discloses the impairment;
• What type of reasonable accommodation an applicant or employee with a hearing disability may need; and
• What an employer should do if it has safety concerns about an applicant or employee with a hearing impairment.
The Q&A also contains numerous real-life scenarios, including whether or not a condition is considered a “disability” under the Act, what kinds of questions can be asked of an applicant or worker, and what is a reasonable accommodation to help an employee perform the essential functions of the job. For example, When may an employer ask if a hearing impairment or other medical condition is causing performance problems? May an employer require a doctor’s note from an employee who asks for sick leave for reasons related to a hearing impairment? When may an employer prohibit an employee with a hearing disability from doing a job because of safety concerns? If you want to find the quick and dirty answers to these and other questions, download the new Q&A by clicking HERE.
