Top 10 FAQs on Providing Accommodations for Hearing Disabilities

The federal Americans with Disabilities Act (ADA) requires employers with 15 or more employees to provide reasonable accommodations to qualified applicants and employees with a disability, unless it would impose an undue hardship on the employer. Many states have similar requirements, some of which cover smaller employers. Employees with a variety of hearing conditions (including deafness, being hard of hearing, experiencing ringing in the ears, or having sensitivity to noise) may be entitled to accommodations under these federal and state laws.

To help you understand the requirements for providing accommodations for hearing disabilities, here are answers to frequently asked questions.

Q1: What is a reasonable accommodation?

A: Generally, a reasonable accommodation is a change in the work environment or in the way work is customarily done that enables an individual to perform the essential functions of the job and enjoy equal employment opportunities. 

Q2: What are some examples of reasonable accommodations that are provided to applicants and employees with hearing disabilities?

A: Recent guidance from the U.S. Equal Employment Opportunity Commission (EEOC) includes the following examples:

• A sign language interpreter
• Assistive technology, including:
  • Access to a video relay service or video remote interpreting service using equipment such as a videophone, computer, laptop, tablet or smartphone
  • A hearing aid-compatible telephone headset, a telephone amplifier, and/or adapters for using a phone with hearing aids or cochlear implants
  • Appropriate emergency notification systems (for example, strobe lighting on fire alarms or vibrating pagers)
  • Enabling the streaming of sound directly from a device to hearing aids or cochlear implants
  • Using accessibility features of mainstream technology (for example, using the captioning feature on virtual meeting platforms)
  • A voice carry-over telephone, captioned telephone, text telephone or TTY
  • Equipment used for hearing protection to block noise or to protect hearing functions, including equipment that can be used with hearing aids
  • Assistive software or applications (for example, for automated captioning, voice recognition, video conferencing or sound detection)
• Assistive Listening Devices (ALDs)
• Augmentative communication devices that allow users to communicate orally by typing words that are then translated to sign language or a simulated voice
• Communication Access Real-time Translation (CART), which translates voice into text at real-time speeds
• Appropriate written memos and notes (especially used for brief, simple or routine communications)
• Note-taking assistance for those using CART services or sign language interpretation (to allow individuals using CART services or sign language interpretation to remain focused on translations)
• Work area adjustments (for example, a desk away from a noisy area or near an emergency alarm with strobe lighting)
• Time off in the form of accrued paid leave or unpaid leave, if paid leave has been exhausted or is unavailable
• Altering an employee’s non-essential job functions
• Reassignment to a vacant position
• Other modifications or adjustments that allow a qualified applicant or employee with an ADA disability to enjoy equal employment opportunities

Visit the Job Accommodation Network (JAN) for additional possible accommodations for individuals with hearing disabilities.

Q3: What should I do if an employee asks for an accommodation for a hearing disability?

A: If you are covered by the ADA and/or a similar state law, talk to the employee to determine whether they have a disability as defined by federal or state law, and if so, what limitations the disability imposes on their ability to perform their job.

This is a part of what is commonly referred to as the interactive process. The exact nature of the interactive process will depend on how obvious the disability is, the limitations it imposes, and the type of accommodation required.

Remember, to request accommodation, an individual doesn’t need to use the phrase "reasonable accommodation." And requests for reasonable accommodation don’t need to be in writing. Individuals may request accommodations in conversation or may use any other mode of communication.

Q4: Do I have to provide the employee’s preferred accommodation?

A: Under the ADA, the employee’s preference should be given primary consideration. However, you may choose another reasonable accommodation as long as the chosen accommodation is effective in removing the workplace barrier.

For example, if there are two possible reasonable accommodations, and one costs more, or is more burdensome than the other, you may choose the less expensive or less burdensome accommodation, as long as it is effective in removing the workplace barrier.

You should document why you chose a particular accommodation, including why you think it will be effective.

Q5: Is there a list of all the hearing conditions that qualify as a disability under the ADA?

A: No, there is no list of all the conditions that qualify. Instead, the ADA contains a general definition of disability that must be met for an individual to be covered. The regulations implementing the ADA do provide a non-exhaustive list of examples of impairments considered disabilities under the definition, and one of them is deafness.

Therefore, in cases of deafness, the interactive process can focus on asking for confirmation of the diagnosis and moving on to determining the reasonable accommodation needed. With other hearing conditions, conduct an individualized assessment using the ADA's definition of disability.

Q6: What is the ADA's definition of a disability?

A: The ADA's definition of a disability has three prongs:

• A physical or mental impairment that "substantially limits" (to be construed broadly) one or more "major life activities" (see the ADA regulations for examples of major life activities); or
• A record of such an impairment; or
• Being regarded as having such an impairment

Keep in mind that some state laws define disability differently. If you’re not sure whether an individual has a qualified disability, consider consulting with legal counsel.

Q7: During interviews, may I ask job applicants whether they have a hearing condition, if it is job related?

A: Under the ADA, employers are prohibited from asking questions about an applicant’s medical condition (or requiring an applicant to have a medical examination) before they make a conditional job offer. This means that prior to a job offer, an employer may not ask an applicant questions about:

• Whether the applicant uses a hearing aid; or
• Whether the applicant has any condition that affects their hearing.

However, an employer may ask questions pertaining to the applicant’s ability to perform the essential functions of the position, with or without reasonable accommodation, such as about:

• Whether the applicant can respond quickly to instructions in a noisy, fast-paced work environment;
• Whether the applicant has good communication skills; or
• Whether the applicant can meet legally mandated safety standards required to perform a job.

Q8: During a performance review, an employee said a hearing disability is affecting their work. Should I change their rating?

A: The employee's rating should reflect the employee's performance regardless of what role, if any, the disability may have played. However, when the employer learns of the employee's hearing condition, the employer should begin the interactive reasonable accommodation process with the employee.

Through a discussion with the employee, the employer should evaluate whether the disability impacts the employee's performance and whether a reasonable accommodation could address the problem.

Q9: May I ask an employee having performance issues to undergo a medical examination if I believe they are related to a hearing issue?

A: Under the ADA, an employer may require an employee to undergo a medical examination when it knows about a particular employee’s medical condition, has observed performance problems, and reasonably believes that the problems are related to a medical condition, according to the EEOC’s guidance.

At other times, an employer may ask for medical information when they have observed symptoms, such as difficulties hearing, or have received reliable information from someone else (for example, a family member or co-worker) indicating the employee may have a medical condition that is causing performance problems.

Employers should consider consulting legal counsel before requesting a medical examination from an employee.

Q10: An applicant asked for a sign language interpreter. Do I have to provide the accommodation during the interview process even if we couldn’t on the job?

A: The EEOC’s guidance states that an employer must provide a reasonable accommodation to a qualified applicant with a disability that will enable the individual to have an equal opportunity to participate in the application process and to be considered for a job (unless the employer can show undue hardship).

Thus, individuals with disabilities who meet initial requirements to be considered for a job shouldn’t be excluded from the application process because the employer speculates, based on a request for reasonable accommodation during the application process, that it will be unable to provide the individual with reasonable accommodation to perform the job. In many instances, employers will be unable to determine whether an individual needs reasonable accommodation to perform a job based solely on a request for accommodation during the application process.

And even if an individual will need reasonable accommodation to perform the job, it may not be the same type or degree of accommodation that is needed for the application process. An employer should assess the need for accommodations for the application process separately from those that may be needed to perform the job.

Conclusion

Ensure your policies and practices for providing reasonable accommodation comply with applicable laws. And, make sure your supervisors are trained on how to identify and respond to requests for accommodations.