A recently filed lawsuit by the US Equal Employment Opportunity Commission (EEOC) charged a Minnesota healthcare provider with violating the civil rights of a qualified, deaf candidate. The lawsuit states that the provider failed to hire an applicant who is deaf because of her disability and failed to provide her a reasonable accommodation.
According to the lawsuit, in July 2020, the individual applied for a greeter position with the healthcare provider. The applicant was qualified for the position and could perform the essential duties of the job, which included greeting visitors, communicating COVID-19 masking standards and policies, giving directions, and keeping the area tidy and welcoming. The EEOC’s lawsuit alleges that the healthcare provider failed to accommodate and hire the applicant because of her disability.
The alleged conduct violates the Americans with Disabilities Act of 1990 (ADA), as amended by the Americans with Disabilities Amendments Act of 2008 (ADAA), which makes it unlawful to discriminate against, fail to hire, and fail to accommodate qualified individuals with disabilities. Prior to filing the lawsuit, the EEOC attempted to reach a pre-litigation settlement through its conciliation process. The EEOC is requesting back pay, compensatory and punitive damages, as well as injunctive relief.
Gregory Gochanour, regional attorney for the EEOC’s Chicago District, said, “Unfortunately, when deaf people apply for jobs, some still encounter discrimination. Some employers erroneously believe that they cannot perform the job because of their disability or discriminate against them based on myths, fears, and stereotypes. The EEOC will prosecute such violations of the ADA to ensure that deaf and hearing-impaired workers are not subjected to discrimination.”
The EEOC enforces federal laws prohibiting employment discrimination. More information on the EEOC can be accessed at: Home | U.S. Equal Employment Opportunity Commission (eeoc.gov).
Issue:
The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability, unless doing so would cause significant difficulty or expense for the employer. A reasonable accommodation is any change in the work environment (or in the way things are usually done) to help a person with a disability apply for a job, perform the duties of a job, or enjoy the benefits and privileges of employment.
Discussion Points:
- Review your policies and procedures for providing reasonable accommodations for employees with disabilities, including candidates for employment within your facility. Update your policies as needed.
- Train staff, especially those involved with the hiring process, on your policies for providing reasonable accommodations for employees with disabilities, including potential candidates for employment.
- Periodically audit to ensure that reasonable accommodations are made for any employees needing them. Additionally, conduct periodic audits to ensure any potential candidates with a disability were not discriminated against.
