December 06, 2024
Remember the ADA is for Applicants, too!
The EEOC reminds us in a case announced today that the Americans with Disabilities Act (ADA) protects job applicants as well as current employees with disabilities. The law covers employers with 15 or more employees and protects individuals with disabilities from employment discrimination and requires covered employers to provide reasonable accommodations.
In this case, the EEOC alleges an employer discriminated against deaf and hard-of-hearing applicants, as well as denying them reasonable accommodations. Examples included:
- posting a hearing requirement (as opposed to a communication requirement such as text messaging) in its job postings and descriptions;
- failing to provide American Sign Language (ASL) interpreters for interviews;
- the employer “steers” hearing-impaired applicants towards lower-paying jobs;
- the actions were conducted with “malice or reckless disregard” of the Plaintiffs’ rights;
- the employer’s actions caused the Plaintiffs “emotional and mental anguish, pain and suffering, stress, humiliation, and frustration.”
The EEOC seeks damages including back pay (including benefits and with interest); front pay; compensation for mental anguish; punitive damages; and more.
Lessons learned. Be proactive. As the New Year begins, ensure your job descriptions (JD) are up-to-date, accurate, and do not impose requirements that are not necessary. If you are a covered, government contractors, you are likely already doing this annually (or should be). Consider language in your JD and in your job ads that you will provide reasonable accommodation for individuals with disabilities.
