Don’t let hearing loss be an employment barrier
A trucking company recently learned a $36 million lesson when it rejected a driver applicant because he was deaf.
The company cited general safety concerns as the reason for not hiring the applicant, but failed to show how this particular driver posed a safety threat. It also could not show how accommodating the driver would be financially difficult.
This led to a lawsuit from the Equal Employment Opportunity Commission (EEOC) and the multi million-dollar jury award.
Surprising options available
The lawsuit provides an expensive example of how making a hasty decision about what an individual with a hearing impairment is able, or not able, to do. In addition to losing a good employee, an employer could face a violation of the Americans with Disabilities Act (ADA) and a lawsuit from the EEOC.
Once employers start exploring options, they may find that an effective accommodation is much less cumbersome than expected. Ever-changing advancements in technology may mean there are surprising new ways to accommodate employees who have a hearing impairment.
Possibilities for forklift drivers
For example, if a forklift driver needs to communicate with a spotter while operating the machine, the employee may be able to use:
- A smartwatch with a visual or vibrating alert,
- A vibrating pager with a light signal, or
- A smartphone mounted on the dashboard.
Ideas for a manufacturing setting
Other options that may enhance safety in a manufacturing setting include:
- Establishing set paths (marked with paint, tape, or ropes) for pedestrians and industrial vehicles,
- Requiring vehicles to flash their lights at intersections,
- Installing flashing strobe lights on moving vehicles, or
- Installing industrial mirrors at strategic locations.
Free ideas available
The Job Accommodation Network (JAN) may offer other suggestions as well. The service is part of the Department of Labor’s Office of Disability Employment Policy, and provides free, confidential guidance on job accommodations.
An employer may be at risk of a discrimination claim if a decision is based on what-ifs without considering accommodations. The EEOC notes that an employer may only exclude an individual with a hearing disability from a job when the individual poses a direct threat or is unable to perform the job’s essential functions, even with an accommodation.
A direct threat, according to the agency, is a significant risk of substantial harm to the individual or others that cannot be eliminated or reduced with a reasonable accommodation. The employer needs to consider factors such as the likelihood the potential harm would occur, its severity, and imminence. The harm must be serious and likely to occur; it can’t be remote or speculative.
Is an accommodation necessary?
If an accommodation would reduce or eliminate the risk, it needs to be implemented if it does not cause undue hardship to the company (if it’s not too expensive or cumbersome).
When it comes to whether a specific applicant or employee can be accommodated, there is no easy answer. The work setting, job tasks, and availability of a reasonable accommodation that does not cause undue hardship will all factor in.
Key to remember: Explore options and carefully consider whether an applicant with hearing loss can be accommodated, and do not quickly use the risk of a safety issue as a reason not to hire.