On January 24, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) released new guidance to help employers comply with the Americans with Disabilities Act’s (“ADA”) requirements for job applicants and employees with hearing impairments.  The guidance titled “Hearing Disabilities in the Workplace and the Americans with Disabilities Act,” replaces a May 7, 2014 resource titled “Deafness and Hearing Impairments in the Workplace and the Americans with Disabilities Act,” and provides an overview of the ADA’s requirements for hearing impaired individuals, including the definition of a disability, pre- and post-job offer disability-related questions, and providing reasonable accommodations in the workplace.

Job Offers

The EEOC instructs employers not to ask applicants whether they have hearing conditions or treatments related to a hearing condition prior to making a conditional job offer.  Additionally, employers should not require applicants to undergo medical examinations prior to making a conditional job offer.

Additionally, employers should not withdraw a job offer if the applicant with a hearing disability is able to perform the essential functions of a job, with or without reasonable accommodation, and without posing a “direct threat” to the health or safety of the applicant or others that cannot be eliminated or reduced through a reasonable accommodation.

Not all disability-related questions or medical examinations are prohibited but, navigating such circumstances and engaging in the interactive process with applicants and employees may require a more nuanced approach.  It is recommended that employers consult counsel to discuss these situations. 

Reasonable Accommodations

The ADA generally requires employers to provide reasonable accommodations to qualified applicants and employees with disabilities.  Accommodations vary depending on the needs of the individual with a disability and not all individuals with a hearing condition will need an accommodation or require the same accommodations.

Examples of accommodations for applicants and employees with hearing disabilities may include:  (i) providing assistance with sign language; (ii) offering note-taking assistance; and  (iii) making work area adjustments such as moving desks away from noise or providing emergency alarms with strobe lights.  Development of new technologies has expanded the list of potential accommodations that also may include:  (iv) assistive listening devices; (v) augmentative communication devices that translate verbal communications to sign language or a simulated voice; (vi) communication access real-time translation (CART) translating voice into text; and (vii) assistive technology, such as hearing aid-compatible telephone headsets and amplifiers, captioned or text telephones, and assistive software.  The EEOC provides more specific examples in its new guidance. 

Employers should be aware of the EEOC’s updated guidance and review their policies for providing reasonable accommodations with employees and applicants with disabilities.  Employers also should ensure recruiting and hiring staff are properly trained on these policies and periodically assess the accommodations made for any employees with such needs. 

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Photo of Elizabeth N. Hall Elizabeth N. Hall

Elizabeth N. Hall is a Shareholder in the firm’s Labor and Employment practice area and serves as the Chicago office chair of the firm’s women’s affinity group, “Women at Vedder Empowering Success” (WAVES).

Ms. Hall represents a wide range of employers before state

Elizabeth N. Hall is a Shareholder in the firm’s Labor and Employment practice area and serves as the Chicago office chair of the firm’s women’s affinity group, “Women at Vedder Empowering Success” (WAVES).

Ms. Hall represents a wide range of employers before state and federal courts and administrative agencies, as well as in arbitral forums, defending them against various claims, including single plaintiff and class allegations of employment discrimination, failure to accommodate disabilities, sexual harassment, wrongful and retaliatory discharge, breach of contract and violations of the FMLA and wage and hour laws. Ms. Hall has successfully argued procedural and employment discrimination issues in the U.S. Court of Appeals for the Seventh Circuit and has particular expertise in managing electronic discovery teams in complex litigation.

A significant portion of Ms. Hall’s daily practice involves providing practical advice to employers regarding risk management; effective employee discipline and discharge; conducting workplace investigations; accommodating disabilities and pregnancy; workplace violence; managing leaves of absence and complying with FMLA and state leave requirements; workforce reductions; drafting and reviewing employment, recruitment and staffing agreements; policy and handbook development; wage and hour compliance; and state and federal employment laws. She frequently trains clients and employer groups on many of these topics.  Ms. Hall also has extensive experience drafting and negotiating severance, settlement and conciliation agreements on behalf of employer clients.

In 2017 and 2018, Ms. Hall was recommended by The Legal 500 United States for the Labor and Employment Disputes (including collective actions): Defense category. In 2018, she was named to the Crain’s Custom Media “Chicago Notable Women Lawyers” list. She also was selected as an Emerging Lawyer, an affiliate of Leading Lawyers, from 2015 to 2019. From 2010 to 2015, Ms. Hall was selected for inclusion as an Illinois Rising Star, and Super Lawyers named her one of the “Top Women Attorneys in Illinois” in the “Rising Star” category in 2013 and 2014.