The U.S. Equal Employment Opportunity Commission (EEOC) released updated guidance outlining the proper treatment of hearing disabilities in the workplace. Employers covered by the Americans with Disabilities Act (ADA) cannot ask job applicants if they have a hearing disability, and applicants have no obligation to disclose current or past hearing disabilities unless they are seeking a reasonable accommodation. Employers can ask questions about an applicant's health only after making a job offer, but only if they ask all applicants for the same job type the same questions.
Employers may need to provide reasonable accommodation for employees and applicants with hearing disabilities. Reasonable accommodation for a hearing disability can include
- a sign language interpreter,
- assistive technology like a hearing-aid compatible phone headset, equipment for hearing protection, or augmented communication devices,
- paid or unpaid leave, and
- reassignment to a vacant position.
Reasonable accommodations do not have to be granted if they would cause employers undue hardship. If more than one accommodation option suffices, employers should give primary consideration to the employee’s preference but can choose to provide the easier or lower-cost option.
The ADA prohibits harassment based on disability. If an employee reports a case of harassment, the claim should be handled swiftly and appropriately. HR professionals and management staff in any organization should have proper anti-harassment training to resolve situations professionally. If your team needs anti-harassment training, consider utilizing Bukaty Companies’ anti-harassment training sessions.
