Workplace Discrimination Against the Deaf or Hearing Impaired

According to the U.S. Equal Employment Opportunity Commission (EEOC), approximately 15 percent of American adults report some form of hearing loss or impairment. This includes a variety of conditions such as deafness, tinnitus, or noise sensitivities that may be considered disabilities under the Americans with Disabilities Act, or ADA.

The ADA protects most people who are deaf or hard of hearing from being discriminated against in the workplace by their employers. Under this law, employees are also entitled to reasonable accommodations—changes to the workplace tasks, tools, or settings that let you do your job—as long as they aren't overly burdensome on their employers. If you suspect that you're being treated differently because you're deaf or have a hearing disability, you should be aware of your rights under the ADA and learn how to effectively enforce them.

What Does Discrimination Against the Deaf or Hearing Impaired in the Workplace Look Like?

Workplace and employment discrimination against people with hearing impairments can take many forms. Your employer might mean well but isn't attuned to certain obstacles faced by deaf or hard-of-hearing employees. For instance, your manager might not be diligent in making sure that written notes are taken for meetings, causing you to miss out on the important spoken information being conveyed.

Some forms of discrimination may be more overt, however. If your boss is mocking your speech patterns or talking to you like you're less intelligent than your hearing coworkers, they may be displaying a form of prejudice referred to as audism.

Whether you're facing discrimination due to ignorance or ill will, you have recourse under the ADA. An employer or potential employer may not take action against you—or refuse to hire you in the first place—because you have a hearing disability. These protections extend to those who have a history of disability and apply even when the employer incorrectly thinks that you're disabled.

How to Qualify for Job Protection If You're Deaf or Hard of Hearing

Most (but not all) employers are required to follow the provisions of the ADA—meaning they can't engage in job discrimination against people with disabilities. Generally, the ADA applies to all state and local governments, labor organizations, labor-management committees, and private businesses with at least 15 employees.

Under the ADA, disability is defined as a physical or mental impairment that "substantially limits one or more major life activities." (42 U.S.C. § 12102). Hearing is specifically mentioned in the statute as a major life activity, so if you have more than slight hearing loss, you're most likely protected by the ADA. You must also show that you're qualified and able to perform the essential functions of the job, with or without reasonable accommodations.

For example, the essential functions of an administrative assistant might include scheduling appointments, preparing documents, and sending correspondence. Sometimes (during lunch hour, perhaps) administrative assistants may occasionally fill in for the office receptionist—but that doesn't make front desk duties like answering phones and directing visitors part of the administrative assistants' essential job functions.

Reasonable Accommodations for the Hearing Impaired

Reasonable accommodations are changes to the job duties or workplace environment that allows an employee to do a job despite having a disability. Accommodations for employees with hearing loss might include:

• providing TTY telephone equipment or headset
• use of special communication devices
• remote sign language interpretation
• adequate lighting for lip reading
• audio transcription software, and
• visual or sensory alerts (like a telephone that vibrates when ringing or an alarm system with flashing lights as well as loud noises).

Keep in mind that employers aren't required to provide accommodations if doing so would cause significant difficulty or expense ("undue hardship") for the employer. Whether an accommodation causes undue hardship depends on how much it costs, what the employer can financially afford, and the effect the accommodation would have on conducting business.

Undue hardship typically means that the accommodation is too expensive. But accommodations can also cause undue hardship if they fundamentally alter the nature or operation of the business. For example, a librarian with moderate hearing loss might request that a loud, vibrating bell and speaker be added to the telephone, making it easier to hear and answer calls. Although the accommodation is probably inexpensive, it would also disturb patrons and destroy the quiet atmosphere of the library—which could be considered an undue hardship.

What to Do If You Face Employment Discrimination Due to Your Hearing Disability

When you have a disability like deafness or hearing loss, your employer is legally obligated to work with you to come up with reasonable accommodations, if possible. But not all employers willingly do what's required. You might consider getting legal help if:

• you were turned down for a job for which you were qualified based on your hearing impairment
• you're being harassed at work because of your hearing impairment
• you were denied a promotion, raise, transfer, bonus, or other job benefit because of your hearing impairment
• you were fired because of your hearing impairment, or
• you were denied reasonable accommodation for your hearing impairment.

If you believe you've been discriminated against or harassed because you're deaf or hard of hearing, be sure to write down each incident. Record the following:

• the date and time of the incident
• where in the workplace it happened
• who else was present, and
• what everyone said or did.

Maintaining documentation of the occurrences could be key to proving your discrimination case if you decide to file a legal claim against your employer. Before heading to court, however, you should start by making an internal complaint to your human resources (HR) department. Sometimes, mistreatment happens because management doesn't understand the law or isn't sensitive to the needs of employees with disabilities. If you're facing this type of situation, addressing the issue with HR might solve the problem.

Frequently Asked Questions (FAQ) about Workplace Discrimination

Below are some commonly asked questions about discrimination against deaf and hard-of-hearing employees.

How Much Does My Employer Need to Know About My Disability?

Very little. Your employer or potential employer can ask you if you're able to perform the duties of the job with or without reasonable accommodations—and can ask you to demonstrate how you'll perform the duties—but that's about it. Your employer can't ask "Are you deaf?" or "How bad is your hearing?" nor can they require you to take a medical examination (like a hearing test) as a condition of ongoing employment.

Do I Have to Pay for My Reasonable Accommodations?

No. Your employer must provide the reasonable accommodation unless the cost would be an undue hardship, in which case you must be given the choice of providing the accommodation yourself or paying for the portion of the accommodation that causes the undue hardship. Additionally, your employer can't pay you less than other employees in similar positions in order to make up for the cost of the accommodation.

Does My Employer Have to Make Non-Work Spaces Accessible?

Yes. Reasonable accommodation includes all the facilities and programs that your employer offers, not just the office, warehouse, or space where your work is conducted. This includes cafeterias, lounges, or company-provided transportation to and from the job site.

Fighting for Your Rights as a Deaf or Hearing Impaired Worker

If your internal complaints to HR don't resolve the problem—or you don't have access to an internal complaint process—you can file a charge of discrimination with the EEOC or a similar agency in your state. You can learn more in our following articles dealing with disability discrimination in the employment context:

• Getting Hired With a Disability
• When Is Disability Harassment Illegal?
• How to Handle Disability Discrimination in the Workplace
• What to Do When Your Employer Discriminates Against You for a Disability

You may wish to consider speaking with a disability discrimination attorney. A lawyer can help you evaluate the facts and decide whether you have a good claim. They can also help you file an EEOC charge, negotiate with your employer, and file a lawsuit if necessary. (If your hearing has gotten worse to the point where you don't think you can work at all anymore, even with reasonable accommodations, check out our article on getting disability for hearing loss.)