EEOC Publishes A New Resource On Hearing Disabilities

The U.S. Equal Employment Opportunity Commission (EEOC) has published a Technical Assistance document on hearing disabilities and the Americans with Disabilities Act (ADA). The guidance is designed to educate employers about how the ADA applies to applicants and employees who have hearing conditions. It addresses topics such as:

• 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 EEOC states: “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 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.”

KZA’s attorneys are well versed on the ADA’s nuances. If you have questions about this resource, or need assistance with an ADA matter, please contact a KZA attorney.

KZA Employer Report articles are for general information only; they are not intended and should not be construed to be legal advice. Reading or replying to such articles does not establish an attorney-client relationship. In addition, because the subject matters and applicable laws discussed in Employer Report articles are often in a state of change and not always applicable to every type of business entity or organization, readers should consult with counsel before making decisions based on the same.