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

INTRODUCTION

The Americans with Disabilities Act (ADA), which was amended by the Americans with Disabilities Act Amendments Act of 2008 ("Amendments Act" or "ADAAA"), is a federal law that prohibits discrimination against qualified individuals with disabilities. Individuals with disabilities include those who have impairments that substantially limit a major life activity, have a record (or history) of a substantially limiting impairment, or are regarded as having a disability.[1]

Title I of the ADA covers employment by private employers with 15 or more employees as well as state and local government employers. Section 501 of the Rehabilitation Act provides similar protections related to federal employment. In addition, most states have their own laws prohibiting employment discrimination on the basis of disability. Some of these state laws may apply to smaller employers and may provide protections in addition to those available under the ADA.[2]

The U.S. Equal Employment Opportunity Commission (EEOC) enforces the employment provisions of the ADA. This document, which is one of a series of question-and-answer documents addressing particular disabilities in the workplace,[3] explains how the ADA applies to job applicants and employees with hearing impairments. In particular, this document explains:

• when an employer may ask an applicant or employee questions about his hearing impairment and how it should treat voluntary disclosures;

• what types of reasonable accommodations 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.

[1] See 42 U.S.C. §12102(2); 29 C.F.R. §1630.2(g).