Americans who are deaf or hard of hearing have had an uphill battle when it comes to having their equal rights acknowledged. Both in the workplace and in the community, they’ve fought to be recognized as equals and demanded equal access to employment opportunities, community services, and events. Now, your rights are protected under the ADA, and you’re guaranteed fair treatment in all areas of your life.
Know Your Rights: The ADA
The Americans with Disabilities Act (ADA) was signed into law in 1990 and continues to uphold the rights of Americans living with disabilities, including those who are deaf or hard of hearing. This legislation ensures that all Americans are protected by law from discrimination based on disability and provides a place to turn to for support if they’ve experienced unfair treatment. Whether as an employee or a community member, the ADA has clear guidelines that ensures you’ll be treated fairly.
Employee Rights Outlined by the ADA
Job Interviews: If you’re an employee who’s deaf or hard of hearing, you have the right to equal job opportunities, and fair treatment at work. Did you know the ADA even has guidelines for interviewing? If you’re hunting for a new job, potential employers are not allowed to ask you if you have hearing loss. The Equal Employment Opportunity Commission (EEOC) prohibits employers discussing medical issues with potential employees or questioning them about their health history. However, they are allowed to ask you about your competency or ability to perform the job, may ask you about your communication skills or address safety concerns when working on noisy or crowded jobsites. It’s your responsibility to answer truthfully, and only fill the position if you are capable of performing the essential functions of the job.
Accommodations: Employers are also required to provide certain accommodations for your hearing loss. If you’ve been struggling to do your job recently, and have some suggestions that are easy to implement, such as switching to a quieter desk, getting a captioned telephone, or adding a flashing light to a warning alarm system, your employer must give them careful consideration. Under the ADA, its your employer’s responsibility to provide a safe working environment, as well as provide accommodations to help you do a good job.
Hearing Protection: Employers are strictly required to provide all employees with hearing protection as well as education on the dangers of hearing loss. The Occupational Health and Safety Administration (OSHA) has clear guidelines that employers must have a comprehensive hearing conservation program for all employees when the workplace noise levels are above 85 decibels and are exposed to dangerous noise levels at work. This program must include noise monitoring, noise reduction strategies, personal protective devices like hearing protection, and effective employee training.
Consumer Rights Outlined by the ADA
You know that accessing services can be a challenge when you’re struggling to hear. The ADA is working to increase accessibility to public places by ensuring wheelchair access and setting guidelines for interactions with staff. When it comes to hearing loss, the ADA requires all large theatres to provide assistive listening technology, and many also offer closed captioning in certain locations, though this is not required by law. Other places where assistive listening devices are required are museums, concert halls, sports stadiums, convention centers, conference rooms, court rooms, public transportation hubs, hospitals, and nursing homes.
Have You Faced Discrimination?
If you feel that you’ve experienced discrimination at the workplace or as a consumer, you can take action and make positive change for everyone living with a disability. To make an official complaint and seek recompense, file a Title III complaint with the Department of Justice. Visit https://www.ada.gov/filing_complaint.htm for more information on filing a complaint online or by mail.
Treating Hearing Loss
Most employers, staff, and business owners want to do their part to make sure you can hear. Often, just asking for help will go a long way, and you’ll be surprised by the willingness of others. If you have hearing loss, visit us at Hearing Wellness Solutions to learn more about your rights, and to test your hearing. A hearing device can change your world, allow you to do your job effectively, and access services without straining to hear.