Deaf and hard of hearing Oregon residents have rights in the workplace. If you are deaf, you have a disability, which means you have rights under state and federal law.
The law you are covered under depends on your employer. Section 501 of the Rehabilitation Act of 1973 protects federal workers by requiring the federal government to hire and promote disabled individuals, including those who are deaf. ns.
Employees working for state or local government agencies or privately owned companies are covered under Title I of the Americans with Disabilities Act (ADA). This law forbids employers from discriminating against employees with disabilities. However, the ADA only applies to employers with 15 or more employees.
Reasonable accommodations
Both laws require employers to provide reasonable accommodations to deaf employees. A reasonable accommodation is an adjustment or modification to a job or the workplace environment to allow a disabled individual to have an equal opportunity at employment.
Reasonable accommodation must be provided in each piece of the employment process. This includes the application and hiring process and the performance of the job itself. Disabled individuals must be able to enjoy the same benefits and privileges of employment as other employees.
Reasonable accommodations come in many forms. For deaf individuals, reasonable accommodation could include listening equipment, closed captioning devices, instant messaging systems or interpreters.
Your right to qualified interpreter
Additionally, employers must provide qualified interpreters when requested, not simply someone who knows sign language.
There is a difference between a person who knows sign language and a qualified interpreter. A qualified interpreter is someone who has completed an interpreting training program or received an interpretation certification from a qualifying agency.
As a deaf employee, you have a right to a qualified interpreter to ensure clear and accurate communication.
Forms of discrimination against deaf employees
There are many forms of discrimination deaf employees may experience. Common examples include an employer not hiring you because you are deaf, being fired because you are deaf, experiencing harassment because you are deaf or requesting and not receiving reasonable accommodation.
You have the right to file a complaint under the Equal Employment Opportunity Act (EEOC) if you work for a state or private employer and with your agency’s Equal Employment Opportunity (EEO) office if you are a federal employee.
Retaliation is discrimination
Filing a complaint could subject you to retaliation. This is another form of discrimination.
For example, you might file a complaint based on your employer’s failure to provide you with necessary equipment for you to perform your job. Your employer could respond to your complaint by demoting or firing you.
If you suspect this is done in retaliation for your complaint, your complaint can include claims for failing to provide you with reasonable accommodation and retaliation.
The complaint process
Filing a complaint must be done within a certain deadline. Once you file a complaint, an investigation begins. You might be required to participate in mediation with your employer to resolve the problem.
The complaint process can seem confusing, complicated and overwhelming. It is natural to feel intimidated and anxious over confronting your employer at a mediation or a hearing.
Remember that you have legal rights throughout the entire process, including the right to have legal counsel present.
