For job applicants and current employees who have disabilities, the Americans with Disabilities Act of 1990 (ADA) has been the primary law for protecting their rights. These include protections against retaliation, interference and discrimination, as well as access to reasonable accommodations at work.
While the basic premise of the ADA is fairly straightforward, implementing its provisions can sometimes be confusing, even for the most well-intentioned employers. Misunderstandings and assumptions about individuals can lead to unintended ADA violations and employers losing out on having quality employees.
These problems can take place more often when the disability isn’t obvious or the individual with the disability carries out daily activities without any apparent difficulty. A notable example is individuals who are hard of hearing, deaf or have other conditions that affect their hearing.
The U.S. Equal Employment Opportunity Commission (EEOC) recently issued updated guidance on how employers should handle hearing-based disabilities at work. This guidance technically doesn’t have the force of law, but it reflects the EEOC’s interpretation of the law. Courts may also use this guidance as persuasive authority when deciding cases involving ADA compliance issues.
To better understand what this guidance says and how it helps individuals with hearing disabilities, let’s have a quick review of the ADA.
When Do the ADA’s Disability Protections Apply?
The ADA applies to most...
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