Question regarding requesting an accomodation

Hello! I have a question accomodations. I am HOH but deaf without my aids. My hearing loss is severe enough to limit my ability to engage in conversations at work and is severe enough that I cannot watch TV without CC. Recently my place of employment announced that they would be re-testing all employees on OSHA polices as it is required. The test involved a Video, and a booklet that goes along with the video. I told my supervisor that I would need CC for the video and if no CC were available for the video that they could contact the company who made the tape to get a transcript for it. I never made my request in writing. I never did hear a response back in a reasonable amount of time. I had to ask if there would be CC for the video. The response was that the book that goes along with the video is basically "word for word ". My point is that I do not care if the booklet that I will be reading is "word for word " as to what's in the video, I still NEED CC for the video or I should be omitted from watching the video. I feel very left out and ignored. My boss does not realize that her comment was considered ignorant and rude, at least I thought so.

Do you think it's wrong for my place of employment to say, well if there is no CC you will be fine, what is in the book is in the video? And for them to not really make any effort to accomodate me?

Should I request this accomodation in writing and what are my legal rights to this? Has my employer violated my ADA rights?

I am very nervous about taking the test, even though the book I was told was " word for word", it still doesn't excuse not providing me with CC when I request it and need it to be a part of the team.

either they need to get the video captioned or hire a terp. If they say its word for word in the book, fine - get the book ahead of time so you can read it and study it. Be sure this is documented through HR dept. Ask to keep the book and when there is a question you cant find answer to, circle it and have supervisior show you the answer in the book. If the supervisoir cant find it, but heard it from the video and he did not "make reasonable accomodations" in getting video CC'd or hire a terp, you have the right to inform HR dept and OSHA! BY the way since its a OSHA training, I suggest you make a contact with them if HR fails to answer your concerns before the day everyone has to watch the video. OSHA have very strict guidelines and do help people whom have disablities since thier goal is what?! keep everyone safe! it doesnt matter if you are deaf, blind, hearing , black, white, or what have you. believe me I know, I had osha training. They provided me the script what the video was saying. they had one of thier secretaries to watch it and type out the script and provided me a copy. They kept a copy for themselves for future for others too just in case.

radioman said:

either they need to get the video captioned or hire a terp. If they say its word for word in the book, fine - get the book ahead of time so you can read it and study it. Be sure this is documented through HR dept. Ask to keep the book and when there is a question you cant find answer to, circle it and have supervisior show you the answer in the book. If the supervisoir cant find it, but heard it from the video and he did not "make reasonable accomodations" in getting video CC'd or hire a terp, you have the right to inform HR dept and OSHA! BY the way since its a OSHA training, I suggest you make a contact with them if HR fails to answer your concerns before the day everyone has to watch the video. OSHA have very strict guidelines and do help people whom have disablities since thier goal is what?! keep everyone safe! it doesnt matter if you are deaf, blind, hearing , black, white, or what have you. believe me I know, I had osha training. They provided me the script what the video was saying. they had one of thier secretaries to watch it and type out the script and provided me a copy. They kept a copy for themselves for future for others too just in case.

Click to expand...

That's a good suggestion.

There are different ways to deal with it...

- add closed captioning
- hire an interpreter
- type up a transcript

Any of those are reasonable. Typing up a transcript would probably be the cheapest of the three. That can be typed up and reviewed by the HR department, then filed for later use. Adding closed captioning would be the second cheapest because it can be done once and it stays. Using an interpreter would be the most expensive since you would have to have an interpreter every time the video is viewed. Unless, they were to videotape that interpreter and include it in a separate video.

DISCLAIMER: I am not a lawyer, I am not your lawyer, this is not legal advice, and you should seek legal advice from an appropriate lawyer if you want to take legal action on your issue.

Actually, in my opinion, if the booklet is word for word, that might be enough to pass muster as "reasonable accommodation." Employers do not have to go to unreasonable lengths to meet a disability need, they just have to do enough so that the employee is reasonably able to do their job.

Let's examine why I say that.

Since CC/transcripts/etc may incur a cost to the company, and there IS a potential substitution that COULD reasonably be close enough to what you need, that places less burden on the company, it may be enough for the company. As long as you pass the test, your needs are met.

Just because you WANT some specific kind of accommodation doesn't mean the company needs to provide it. If an amplified phone is enough for you to do your job on the phone, the company isn't required to build a VP station with a fancy flat screen TV and a velvet curtain and give you an office so only you can use it... for your business phone calls. Likewise, they may not be required to provide transcripts - unless you can't pass the test based on information only provided in the booklet.

Again, this is just my opinion as a layman who has faced these situations before. I have not sued any company over it, but I have worked with my company to make better accommodations and they have significantly improved.

Dennis said:

DISCLAIMER: I am not a lawyer, I am not your lawyer, this is not legal advice, and you should seek legal advice from an appropriate lawyer if you want to take legal action on your issue.

Actually, in my opinion, if the booklet is word for word, that might be enough to pass muster as "reasonable accommodation." Employers do not have to go to unreasonable lengths to meet a disability need, they just have to do enough so that the employee is reasonably able to do their job.

Let's examine why I say that.

Since CC/transcripts/etc may incur a cost to the company, and there IS a potential substitution that COULD reasonably be close enough to what you need, that places less burden on the company, it may be enough for the company. As long as you pass the test, your needs are met.

Just because you WANT some specific kind of accommodation doesn't mean the company needs to provide it. If an amplified phone is enough for you to do your job on the phone, the company isn't required to build a VP station with a fancy flat screen TV and a velvet curtain and give you an office so only you can use it... for your business phone calls. Likewise, they may not be required to provide transcripts - unless you can't pass the test based on information only provided in the booklet.

Again, this is just my opinion as a layman who has faced these situations before. I have not sued any company over it, but I have worked with my company to make better accommodations and they have significantly improved.

Click to expand...

Gonna have to agree with Dennis. If the company is providing the text version of the film in a booklet, then they have provided a "reasonable" accommodation under the law. They are not required to provide the exact accommodation requested, nor even the"best" accommodation, but simply a "reasonable" accommodation.