EEOC Issues Guidance on ADA and Employees with Hearing Disabilities

In 2023, the U.S. Equal Employment Opportunity Commission (EEOC) issued a technical assistance guidance explaining how the Americans with Disabilities Act (ADA) applies to job applicants and employees with hearing disabilities.

The guidance, titled “Hearing Disabilities in the Workplace and the Americans with Disabilities Act,” contains a series of questions and answers, with situational examples, to guide employers in addressing hearing impairments in the workplace. An individual with impaired hearing will fall within the definition of an individual with a disability if they can show that they are substantially limited in hearing or in another major life activity (e.g., the major bodily function of special sense organs).

The guidance reminds employers that the definition of “disability” is interpreted broadly, in favor of expansive coverage, and ignores the positive effects of any mitigating measures, such as hearing aids or cochlear implants.

Reference

Maynard Nexsen. (2024) The EEOC’s Updated Guidance Addresses Hearing Disabilities and the ADA (accessed February 13, 2024).