The Americans with Disabilities Act (ADA) of 1990 is a US labor law that prohibits unjustified discrimination based on disability. It affords similar protections against discrimination to Americans with disabilities as the Civil Rights Act of 1964, which made discrimination based on race, religion, sex, national origin, and other characteristics illegal. The ADA also requires covered employers to provide reasonable accommodations to employees with disabilities and imposes accessibility requirements on public accommodations.
Title 1 of the ADA limits an employer’s ability to ask questions related to hearing and other disabilities and to conduct medical examinations at three stages: pre-offer, post-offer, and during employment.
The ADA does not require applicants to disclose that they have or had a hearing impairment or another disability unless they will need a reasonable accommodation for the application process or if he will need a reasonable accommodation to perform the job.
When an applicant discloses after receiving a conditional job offer that she has or had a hearing impairment an employer may ask the applicant additional questions and send the applicant for a follow-up hearing or medical examination. The employer also may ask the applicant to submit documentation fro, her doctor answering questions specifically designed to assess her ability to perform the job’s functions safely.
An employer may ask an employee about her hearing impairment to the extent the information is necessary:
To support the employee’s request for a reasonable accommodation needed because of her hearing impairment
To verify the employee’s use of sick leave related to her hearing impairment if the employer requires all employees to submit a doctor’s note to justify their use of sick leave.
To enable the employee to participate in a voluntary wellness program.
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