Boss threatened job due to hearing impairment

danimart62

danimart62

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Hello all. I just started a new job last week (after having been unemployed for seven months). On the application I stated 'NO' to disability because, per the law reading that was sent to me, I did not have to disclose as I do not need "reasonable accommodation". My hearing aids aren't perfect and I occasionally need someone to repeat themselves.

The new boss called me out of the blue this weekend and wanted to know when I could get my hearing "fixed". What "game plan" did I have in place for training with our mentors. (It's a six week on site training then four years from home)

I explained to her that I could hear her over the phone just fine but she stated that if the client did not like me due to my hearing impairment then she would have to let me go.

What options do I have? If any?
 
I recommend looking for a new job as quickly as can. I have been in that kind of environment and it is harmful. There are other employers that are more flexible and considerate. Be upfront about your hearing loss in the interview, and if you feel a negative reaction, go elsewhere.

In the short term, see if you can get the customer on your side. As long as the company are making money of your work, they will not let you go.

Don't let bullying or inconsiderate comments get to your self esteem. It is only your hearing that is lacking, NOT your professional competence. If a manager doesn't understand how to overcome potential communication barriers, after you explain, then you are better of elsewhere.
 
Legally they have the right to fire you because you "lied" on your resume about your disability.

And what Swedeafa said, it's not worth it trying to get uncooperative employers to work with you.
 
May I ask what type of work you do? The reason I ask is that your employer's concerns may have to do with a perceived liability exposure. If your hearing has nothing to do with your job, then you should be fine if you can set your clients/customers at ease. I also wonder what your employer meant by having your hearing "fixed" so that you could properly train. If you can hear with your aids in, then your hearing is fixed. With that in mind, you could also argue that with hearing aids you do not consider yourself to be disabled, therefore you did not answer untruthfully on your job application.

Is there a Deaf Community Center where you live? You might see if they can set up a consultation with an attorney that handles ADA employment issues.

If you like this job, it may be worth fighting to keep it. Still, it is always a good idea to keep your eyes open for something better.
 
danimart62 said:
Hello all. I just started a new job last week (after having been unemployed for seven months). On the application I stated 'NO' to disability because, per the law reading that was sent to me, I did not have to disclose as I do not need "reasonable accommodation". My hearing aids aren't perfect and I occasionally need someone to repeat themselves.

The new boss called me out of the blue this weekend and wanted to know when I could get my hearing "fixed". What "game plan" did I have in place for training with our mentors. (It's a six week on site training then four years from home)

I explained to her that I could hear her over the phone just fine but she stated that if the client did not like me due to my hearing impairment then she would have to let me go.

What options do I have? If any?
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Either get an attorney or contact the local paper, there is probably a reporter that would love to do a story on how your boss want's you to "fix" your hearing.
 
Going to the paper is not a good idea since Danimart has no way to prove what the boss said. He/she will simply say it's an misunderstanding, or perhaps even that he/she never said anything like that at all. The boss will claim that Danimart lied about having a disability and have the job application to prove it. Maybe the boss will use going to the paper as a sign of being illoyal and use that as an excuse for letting Danimart go. It's not fair, but proving discrimination or work place bullying is not easy to do.
 
It could also work in their favor because the boss might be reluctant to let them go because of possible legal action and looking bad in dealing with people with any disability.
 
danimart62 said:
Hello all. I just started a new job last week (after having been unemployed for seven months). On the application I stated 'NO' to disability because, per the law reading that was sent to me, I did not have to disclose as I do not need "reasonable accommodation". My hearing aids aren't perfect and I occasionally need someone to repeat themselves.

The new boss called me out of the blue this weekend and wanted to know when I could get my hearing "fixed". What "game plan" did I have in place for training with our mentors. (It's a six week on site training then four years from home)

I explained to her that I could hear her over the phone just fine but she stated that if the client did not like me due to my hearing impairment then she would have to let me go.

What options do I have? If any?
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The hearing loss is part of disability so you shouldn't "lie" on job application or you can getting fired.

I don't think that EEOC or NAD can help if you "lied" on job application - that's misconduct.
 
An employee has more to lose than a company. If they claim the accusations are false, the case will be forgotten quickly. Not sure how media works in the U.S. but I don't think a story like this would hurt the company in the long run, while it could hurt the employee's career severely if he gets a reputation to be a difficult employee and lying. If there is good proof, then yes, but not if it's just word against word. No one remembers a small story after a few months, but if a company googles a potential employee it might cause them to choose a different candidate.

(I assume media generally supports the employee, but it still feels risky to me.)
 
seb said:
Either get an attorney or contact the local paper, there is probably a reporter that would love to do a story on how your boss want's you to "fix" your hearing.
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on Fox News? I think that lying on job application make looks ugly and she/he may be nasty backlash by angry commentators.

Most commentators on CNN and NBC are sympathy with him/her.
 
Swedeafa said:
Going to the paper is not a good idea since Danimart has no way to prove what the boss said. He/she will simply say it's an misunderstanding, or perhaps even that he/she never said anything like that at all. The boss will claim that Danimart lied about having a disability and have the job application to prove it. Maybe the boss will use going to the paper as a sign of being illoyal and use that as an excuse for letting Danimart go. It's not fair, but proving discrimination or work place bullying is not easy to do.
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Yeah that is true , if there was someone that did hear the boss say that and if they wanted to be a witness that would be a difference story.
The boss could say" The OP didn't hear correctly what they said".
 
Never lie on the application/resume. Disability doesn't necessarily mean physical handicap. Deaf, Blind, Intellectual also falls into disability category and need to insert yes so the boss is aware and to follow ADA law. You may have a case if the employer discriminates you because of your hearing status but since you mentioned "NO" on the application, you won't have a case against them.

Always be honest on your application and it is good idea to update your resume on every job you have, (Company, hired and end date) The employer who interview may inquire you about your other job(s).

Politely explain your boss that it is misunderstanding about the disability part on the application. You may be on a limb if the boss would accept your explanation or not. Unfortunately, it may be difficult to get the boss to accept it as the employer does not like dishonest people.
 
I'm not sure where on a resume one should be putting what their disability is. It is a no-no to be putting any kind of personal information on the resume itself.
Definitely update the resume- I've even updated it while still working- tweaking it (pain in the butt part comes when you should or are advised to tailor the resume to the job you are applying for).

As for actual job applications I do state(or try to) my disability IF THEY ASK FOR that information. The EEO thingie all employers are required to do (what is your race, are you a vet, do you have a disability) is a voluntary one, a separate process and has nothing to do with the job application/hiring process. I have actually filled those in both ways- disclosing as well as "do not wish to answer/disclose" - I think all of the questions have that option now.

So I don't see how the hell it is lying if I don't have anywhere on my resume that screams I am deaf (other than where I went to college).
 
Your resume only shows your employment history and your educational status as well as your job performance. I'm not positive if anyone can input their disability on their resume but as for job application, many employers ask for the disability/veteran status.

http://www.military.com/veteran-job...ng/revealing-a-disability-on-your-resume.html

DeafDucky said:
I'm not sure where on a resume one should be putting what their disability is. It is a no-no to be putting any kind of personal information on the resume itself.
Definitely update the resume- I've even updated it while still working- tweaking it (pain in the butt part comes when you should or are advised to tailor the resume to the job you are applying for).

As for actual job applications I do state(or try to) my disability IF THEY ASK FOR that information. The EEO thingie all employers are required to do (what is your race, are you a vet, do you have a disability) is a voluntary one, a separate process and has nothing to do with the job application/hiring process.

So I don't see how the hell it is lying if I don't have anywhere on my resume that screams I am deaf (other than where I went to college).
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Sample of resume:

Job-Resume-Objective-Sample.jpg
 
yep... as far as I know putting your disability, age, marital status, hobbies/interests is no longer encouraged for resumes.

That last line in your example about references probably shouldn't be there either- I haven't put that on my resume in over 20 years lol as sometimes potential employers don't ask for them; if they do call former employers they are only allowed to ask for verification of employment (that you did work there) and dates of employment verification... I think that's it not sure if there is a third thing or not.
 
Sometimes reference helps in some cases if the employers is more interested in hiring you. It's not required to put in there, it's up to anyone who apply who know someone who can refer them to to have a positive side of being hired.

DeafDucky said:
yep... as far as I know putting your disability, age, marital status, hobbies/interests is no longer encouraged for resumes.

That last line in your example about references probably shouldn't be there either- I haven't put that on my resume in over 20 years lol as sometimes potential employers don't ask for them; if they do call former employers they are only allowed to ask for verification of employment (that you did work there) and dates of employment verification... I think that's it not sure if there is a third thing or not.
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Didnt lie on the application, as I do/did the same... Its agaisnt the law to even ask that question.
 
This is why you should never lie in your application.

Q. Should I tell my employer that I have a disability?

A. If you think you will need a reasonable accommodation in order to participate in the application process or to perform essential job functions, you should inform the employer that an accommodation will be needed. Employers are required to provide reasonable accommodation only for the physical or mental limitations of a qualified individual with a disability of which they are aware. Generally, it is the responsibility of the employee to inform the employer that an accommodation is needed.
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whatdidyousay! said:
http://www.eeoc.gov/facts/ada18.html

ADA rights on getting a job
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