Questions and Answers about Deafness and Hearing Impairments in the Workplace and the Americans with Disabilities Act

4. May an employer ask questions about an obvious hearing impairment, or ask follow-up questions if an applicant discloses a non-obvious hearing impairment?

No. An employer generally may not ask an applicant about obvious impairments. Nor may an employer ask an applicant who has voluntarily disclosed that he has a hearing impairment any questions about the nature of the impairment, when it began, or how the individual copes with the impairment. However, if an applicant has an obvious impairment or has voluntarily disclosed the existence of a hearing impairment and the employer reasonably believes that he will require an accommodation to perform the job because of the impairment, the employer may ask whether the applicant will need an accommodation and what type. The employer must keep any information an applicant discloses about his medical condition confidential. (See "Keeping Medical Information Confidential.")

Example 1: Julie has a severe hearing impairment in her right ear and is applying to the telephone sales department of a large clothing company. Julie tells the employer of her hearing impairment during the interview. The employer's sales associates currently wear headsets with earpieces for the right ear. The employer may ask Julie during her interview if she would need a left-sided headset as an accommodation.