The Equal Employment Opportunity Commission (EEOC) offered employers new guidance on how the Americans With Disabilities Act (ADA) applies to job applicants and employees who have hearing disabilities. The EEOC's new resource focuses on three areas: obtaining and using medical information, reasonable accommodations for hearing disabilities, and handling safety concerns.
The ADA bars discrimination against qualified individuals with disabilities. Hearing conditions can be a disability covered by the ADA. Some examples of hearing conditions include deafness, being hard of hearing, experiencing ringing in the ears, and having sensitivity to noise.
Obtaining Medical Information
What employers can ask regarding disabilities depends on where in the employment process an employee or prospective employee is. Different rules apply at different stages.
Before a job offer, employers cannot ask health-related questions or require medical exams. Employers may ask questions related to an applicant's ability to perform the essential functions of the job, such as whether the applicant can respond quickly to instructions in a noisy, fast-paced work environment; has good communication skills; and can meet legally mandated safety standards required to perform a job. The prohibition on medical-related questions applies even if the disability is obvious or the applicant voluntarily discloses the disability. An exception to this prohibition is, if the disability is obvious or has been...
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