Karl Gerber
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By way of introduction, I have represented employees since 1993. I am licensed in California, Massachusetts, Texas, and Washington D.C. I have tried and arbitrated numerous cases under various disability acts.
The ADA and state employment laws were enacted to protect what was then referred to merely as, "Deaf." In many cases minimal assistive devices enable a hearing impaired worker to perform a job. Employers have a very difficult time proving it is an undue burden to accomodate a disabled employee who needs an assistive device that costs less than $500-$1,000. With modern technology there are many ways a hearing impaired employee can perform most jobs.
The problem, supervisors are too busy and sometimes disabled employees do not properly voice what it is they need to do their job given their limitations. Co-workers, even today, are a problem. They may claim communication difficulties, slow down of operations, or prefer not to work with a disabled employee who needs assistive devices.
The recent defenses I see employers make for hearing impaired include:
Safety risks to the worker and others. An employer hired a deaf worker to work on a loading dock. Because he could not hear forklifts or large trucks backing up they claimed he was a safety hazard
The need to communicate some how prevents hearing impaired employees from working
Some how it materially slows down the work operation for assistive devices to be used
Because I am dedicated to helping employees with disabilities, and live in a household with disability, I try my best to serve the labor needs of disabled workers.
Please consider these additional resources:
California Government Code Section 12940 is the Fair Employment and Housing Act. It governs disability discrimination in employment
42 U.S.C. 12000 onward is the Americans With Disabilities Act (ADA)
If you are in Massachusetts they actually have a Disability Office
In Washington D.C. they also have a Disability Office with a website
In Texas, the Texas Workforce Commission may be of assistance with disability claims
If your problems are not employment related, but public accomodation access related I am not a legal expert. However, there are many attorneys in most metropolitan areas who handle public access/ADA lawsuits. Often, the same government agency that handles employment discrimination claims will take claims for public accomodation violations.
A parting word of advice: do not be shy when communicating with your employer about your need for accomodation. The worst thing an employee can do is to be vague, or afraid to tell their employer. Employers will have an easy time saying they are not responsible for what they did not know.
Karl Gerber, Esq.
The ADA and state employment laws were enacted to protect what was then referred to merely as, "Deaf." In many cases minimal assistive devices enable a hearing impaired worker to perform a job. Employers have a very difficult time proving it is an undue burden to accomodate a disabled employee who needs an assistive device that costs less than $500-$1,000. With modern technology there are many ways a hearing impaired employee can perform most jobs.
The problem, supervisors are too busy and sometimes disabled employees do not properly voice what it is they need to do their job given their limitations. Co-workers, even today, are a problem. They may claim communication difficulties, slow down of operations, or prefer not to work with a disabled employee who needs assistive devices.
The recent defenses I see employers make for hearing impaired include:
Safety risks to the worker and others. An employer hired a deaf worker to work on a loading dock. Because he could not hear forklifts or large trucks backing up they claimed he was a safety hazard
The need to communicate some how prevents hearing impaired employees from working
Some how it materially slows down the work operation for assistive devices to be used
Because I am dedicated to helping employees with disabilities, and live in a household with disability, I try my best to serve the labor needs of disabled workers.
Please consider these additional resources:
California Government Code Section 12940 is the Fair Employment and Housing Act. It governs disability discrimination in employment
42 U.S.C. 12000 onward is the Americans With Disabilities Act (ADA)
If you are in Massachusetts they actually have a Disability Office
In Washington D.C. they also have a Disability Office with a website
In Texas, the Texas Workforce Commission may be of assistance with disability claims
If your problems are not employment related, but public accomodation access related I am not a legal expert. However, there are many attorneys in most metropolitan areas who handle public access/ADA lawsuits. Often, the same government agency that handles employment discrimination claims will take claims for public accomodation violations.
A parting word of advice: do not be shy when communicating with your employer about your need for accomodation. The worst thing an employee can do is to be vague, or afraid to tell their employer. Employers will have an easy time saying they are not responsible for what they did not know.
Karl Gerber, Esq.
