Deaf Discrimination

The Americans with Disabilities Act

Individuals who are Deaf or hard of hearing are entitled to the same rights as everyone else. These rights are guaranteed in the Americans with Disabilities Act (ADA).

This Act includes:

• Title I – Employment: Prohibits employers, employment agencies, labor unions and joint-labor management committees from discriminating against persons with disabilities.
• Title II – State and Local Governments: Requires state and local governments to make their programs, services, and activities accessible to individuals with disabilities, including individuals who are Deaf or hard of hearing.
• Title III – Public Accommodations: Requires public businesses to ensure people with a disability have equal access to all that the businesses have to offer.
• Title IV – Telecommunications Relay Services: Mandates a nationwide system of telecommunications relay services to make the telephone network accessible to people who are Deaf or hard of hearing or have speech impairments.

Eligibility for Social Security Disability

Social Security disability provides benefits for individuals who have profound hearing loss or are Deaf. Typically, to receive disability benefits an individual must have a physical or mental health impairment (or a combination of both), which keeps them from working for 12 or more months.

The disability must also prevent the individual from doing jobs available in the economy in significant numbers.

The Social Security Administration (SSA) provides a list of requirements one has to meet to qualify for disability benefits based on numerous specific medical conditions, which are referred to as Impairment Listings.

The listing requirements for hearing loss include:

• Audiometry – You must have an average air conduction hearing threshold of 90 decibels (dB) or worse in your better ear, and an average bone conduction hearing threshold of 60 dB or worse in your better ear.
• World Recognition Test – You must have a word recognition score of 40% or less in your better ear. This tests speech discrimination by using a list of standardized words.
• Cochlear Implants – If an individual has cochlear implants in one or both ears, they automatically qualify for disability benefits for one year after the implantation. After the year is up, the benefits are extended for as long as their word recognition score, using a Hearing in Noise Test, is 60% or less.

In addition, individuals can qualify for disability if they prove that their hearing loss prevents them from being able to work. The SSA takes into consideration how an individual’s hearing loss affects their ability to communicate, follow instructions and effectively work.

Reasonable Accommodations for Deaf and Hard of Hearing Workers

The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations for deaf and hard of hearing workers. These accommodations allow equal access to employment opportunities, both during the application process and on the job.

Reasonable accommodations can include:

• Communication tools: Text phones, video phones, video relay services, and assistive listening devices (ALDs)
• Visual alerts: Emergency notifications with visual components, such as flashing lights for alarms
• Written communication: Written memos of company communications and Communication Access Real-time Translation (CART) services
• Interpretation: American Sign Language (ASL) interpreters for meetings, trainings, and interviews
• Technology: Assistive computer technology, including voice recognition software
• Workspace adjustments: Modifying the work environment to improve visual communication
• Job restructuring: Adjusting or removing non-essential job functions that heavily rely on hearing

The specific accommodations needed may vary depending on the individual and job requirements. Employers must engage in an interactive process with the employee to determine appropriate accommodations, unless they would pose an undue hardship.

If you believe you’re not receiving proper accommodations, communicate with your employer and document your requests. If issues persist, consulting a deaf discrimination lawyer can help protect your rights under the ADA.

Understanding Undue Hardship in Reasonable Accommodation Requests

Under the Americans with Disabilities Act (ADA), an employer may refuse a reasonable accommodation request if it would cause undue hardship – an action requiring significant difficulty or expense. However, this concept is often misused.

As deaf rights lawyers, we’ve observed that many employers claim undue hardship when, in fact, they could reasonably provide the needed accommodations. This denial without legitimate cause is a direct violation of your civil rights.

The Deaf and hard of hearing community is protected by federal and state laws for good reason. You have the right to access the same employment opportunities as others. When employers or institutions discriminate, we stand ready to help you hold them accountable.

If you believe your rights have been violated, we invite you to schedule a free, confidential consultation with our law office. A Deaf rights lawyer will review your case and discuss your legal options.

Remember: You have the right to equal opportunities in the workplace. Let us help you protect those rights.

Deaf Discrimination Lawyers in Cleveland, Ohio

Liner Legal, LLC constantly networks with Deaf-friendly attorneys. Any attorney we work with needs a keen understanding of the complexity of the Deaf experience.

That includes communicating through the preference of the Deaf individual, whether it is a relay service, a VP, text, email, or in person with an interpreter.

Our main office is located in Cleveland, OH.

Please call us at (216) 282-1773 or fill out our online contact form for your free case evaluation.