Legal Question in Disability Law in California

EEOC discrimination for hearing impairment

I work for an airline under fed jurisdiction.I filed a worker's comp claim of hearing loss which was denied (advzd wasn't work related) Then told by Co.Dr that my hearing impairment was now a ''safety issue'' and I'd be off work (which ended up being 3 months)using up all sick time & then off w/o pay until I was able to get 2 hearing aids (out of my pocket,2400). To ensure that I pass the co. hearing test, my audiologist adjusted my aids so I could literally hear a pin drop. After returning to work, I filed with EEOC for discrimination. The EEOC, in my pre-complaint, advised me that since the hearing aids corrected my impairment, that I no longer was considered diaabled. The EEOC said I still had the right to file a complaint and so I am moving forward because I believe:

a- the discrimation occurred before I got the hearing aids

b-they didn't offer reasonable accomodation

c-they forced me to be off work (and use all sick time and unpaid for 4 weeks)

d-forced me to buy hearing aids to correct my hearing, but did not correct it completely and am still impaired.

e-know of other deaf/impaired employees (other stations,same job)that were given reasonable accomodations & not forced to buy hearing aids.

Do I have a case?


Asked on 10/28/06, 5:10 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: EEOC discrimination for hearing impairment

I'm going to assume you are not in a union, because these are clearly grievance issues to be handled by them.

Unless your benefits package provides for payment of hearing aids, your claim would be 'failure to accommodate'. I think there is an argument that the company should have provided the hearing aids as a disability accommodation, despite what EEOC says. The only way you are going to know the answer to that, is to pursue legal action against the company. Feel free to contact me if serious about doing so.

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Answered on 11/06/06, 8:07 pm


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