Legal Question in Disability Law in California
hearing impaired
I am not being accommodated with my hearing impairment. My work is forcing me to lip-read and not providing me with any means of understanding classes/training. I am being given notes the next day, but the notes are not complete and do not enable me the same training and information as my fellow co-workers. I do not know sign language and am requesting a transcriber to transcribe meetings/classes.
1 Answer from Attorneys
Re: hearing impaired
An ADA reasonable accommodation must be "effective" - meaning that it must be workable in allowing you to perform the essential function of your job. However, an employer can choose from several accommodations, as long as they all are effective.
If you can effectively lip read, then that would be an accommodation. If you can obtain all the information from reading someone's notes from training, then that would be a "reasonable" accommodation.
However, if neither of those accommodations allow you to have an equal opportunity like other non-disabled employees, then you should be provided with a transcriber as you are alluding to.
You should engage in an "interactive, flexible" reasonable accommodation process with your employer. You should be involved in the process to brainstorm and come up with accommodations that are effective and will provide you with equal access to training information.
Sometimes employers benefit from this process the most - in that they can only truly understand your needs if you explain to them your limitations and how some accommodation alternatives are good ideas, but may not be workable and effective for you.