Q: Does an employer have to provide an interpreter as an accommodation in accordance with the ADA or the Rehabilitation Act?
A: Provision of a qualified interpreter could be considered an accommodation under either law. The employer has an obligation to provide an accommodation that will enable the individual to perform the job effectively. It is necessary for the employer to determine the communication needs of the individual in relation to the specific job tasks to be performed. Other options include the use of written notes, computer assisted note taking, real time captioning, or a communication device.
When determining what type of accommodation will be necessary, an employer must consider the length and complexity of the communication. If the communication is complex in nature, such as informing a new or current employee about a health benefits plan or discussing disciplinary actions, it would likely be in both the employee's and the employer's best interests to have a qualified interpreter present. In situations where miscommunication can lead to serious consequences, it is imperative that effective communication be provided. However, for daily conversation, it may not be necessary to have an interpreter present. The use of written notes or e-mail may be sufficient to provide effective communication. In some instances, coworkers have been interested in learning sign language to communicate with an employee who is deaf.
In situations where an individual's primary communication occurs through using American Sign Language (ASL) or some other form of sign language, it may be necessary to provide an interpreter. Some individuals who are deaf do not have English skills because they may have only learned ASL. A language barrier may be an issue in this case. Consider the situation much like one where an individual may speak Spanish or French as their primary language. In this case, writing notes might not be an effective accommodation solution because the individual may not have the same skills in reading English as someone who has known English as their primary language.
Q: If an applicant requests an interpreter for an interview, is an employer required to pay for the cost of the accommodation?
A: If providing a qualified interpreter is a reasonable accommodation, then yes, the employer is responsible for the cost of providing such an accommodation. The Equal Employment Opportunity Commission (EEOC) has made it clear that employers are responsible for the cost of accommodations unless it will pose an undue hardship.
It is important to consider providing an interpreter for the application and interview phases of employment if one has been requested as accommodation. Effective communication during application and interview is essential to landing that perfect job. To improve the likelihood of a good first impression, an interpreter may ensure that communication flows in a smooth and comfortable manner. However, employers do have the right to decide which effective accommodation will be provided. If it can be determined that an interpreter would not be considered a reasonable accommodation due to undue hardship, the employer can choose to provide an alternative, effective way of communicating.
Q: If an employer hires an applicant who is deaf, must a TTY be purchased? What if the applicant is not deaf but is hard of hearing?
A: A TTY or TDD is a text telephone that enables a person with a hearing or speech impairment to use the telephone and can be considered an example of a device that may be a reasonable accommodation under the law. If the employee's position requires the use of the telephone or if all employees are permitted to use the telephone for their own personal purposes, then the employer may be required to provide a TTY as an accommodation unless it would pose an undue hardship. A TTY is considered an auxiliary device and may allow a person who is deaf to perform a function of their job or to benefit from a privilege of employment. The same would hold true for providing some type of telephone amplification for a person who is hard of hearing.
Q: Is an employer obligated to provide a hearing aid for an employee as an accommodation?
A: According to Chapter III of Title I of the ADA Technical Assistance Manual, published by the Equal Employment Opportunity Commission (EEOC), an employer is not obligated to provide an accommodation that is primarily for personal use. A personal device is a device that is used for activities of daily living on and off the job such as a hearing aid or a wheelchair. However, if such a personal device is primarily used to allow an individual to meet job related rather than personal needs, then an employer may be required to provide such an accommodation.
Q: Does an employer have to provide strobe lights on fire alarms for employees who may have a hearing impairment?
A: An employer is required to provide an accessible work-site to those employees with disabilities who may need the accessibility. This regulation includes the provision of some form of emergency notification which is accessible to people who are deaf or hard of hearing. An employer would then have to consider adding strobe lights to an existing alarm system, installing a visual or vibrating alarm system, or maybe supplying a vibrating pager to alert employees with hearing impairments when the alarm has been tripped. Any facility under renovation or new construction must follow the specifications of the ADA Accessibility Guidelines (ADAAG) which require audible and visual alarms. Contact the United States Access Board for more information about accessibility issues by calling 800-USA-ABLE.
Q: If I hire someone who is deaf, will they be able to drive our company vehicles?
A: Does the individual have a driver's license? People who are deaf or hard of hearing can drive motor vehicles. Hearing limitations typically do not keep people from obtaining a standard driver's license so, the individual will likely be able to drive company vehicles. There are devices available to alert individuals with hearing loss to emergency vehicles when driving. The individual may or may not use such devices.
