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HEALTHCARE LAW
Sound Advice
OEEOC Releases New Guidance on Hearing Disabilities
By TREVOR BRICE, Esq.
n Jan. 24, the Equal Employment Op- or any disabilities or requiring an applicant to have a disability-related questions or require an employee portunity Commission (EEOC) released medical examination before a conditional job offer. to have a medical examination when the employer new guidance for employers on how and However, the limited exception to this general rule is knows about a particular employee’s medical condi-
when to accommodate applicants and employees with if an applicant has an obvious impairment or has vol- tion, has observed performance problems, and
hearing disabilities.
The guidance covers when an employer may ask an
applicant or employee questions about a hearing con-
untarily disclosed an impairment, and the employer reasonably believes that the applicant will require an accommodation to complete the application process
reasonably believes that the performance problems are related to a medical condition. However, the EEOC notes that employers should take precautions in this situation, as performance problems often are unrelated to a medical condition, and the problems should be handled in accordance with the employer’s existing policies regarding performance.
Regarding hearing conditions for current employ- ees, an employer also may ask an employee about
a hearing condition when it has a reasonable belief that the employee will be unable to safely perform the essential functions of the job because of it. Further, an employer may ask an employee about their hearing to the extent necessary to support the employee’s request for accommodations, to enable the employee to par- ticipate in a voluntary wellness program, or to verify the employee’s use of sick leave related to a hearing condition if the employer requires all employees to submit a doctor’s note to justify their use of sick leave.
Possible Accommodations and Safety-related Exclusions
The EEOC suggests several reasonable accom- modations that could be suggested or employed for hearing-disabled individuals. This non-exhaustive list includes a sign-language interpreter for use in in- terviews or during employment, assistive technology (including video relay or video remote interpreting services, hearing-aid-compatible telephone headsets, etc.), appropriate written memos and notes, note-tak- ing assistance, work-area adjustments (moving a desk
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“Employers should remember that there is no magic word for requesting a reasonable accommodation; an individual simply has to tell the employer that he or she needs an adjustment or change at work because of an impairment.”
dition and how it should treat voluntary disclosures
of a condition, what types of reasonable accommoda- tions applicants or employees with hearing disabilities may need, how an employer should handle safety con- cerns about applicants and employees with hearing disabilities, and how an employer can ensure that no employee is harassed because of a hearing disability or any other disability.
This guidance is an update to the original guidance that the EEOC released regarding accommodations for deafness and hearing disabilities in the workplace on May 7, 2014.
Questioning Employees and Ap- plicants on Hearing Disabilities
In general, before offering an individual a job, avoid asking the applicant about hearing disabilities
or to perform the job because of the condition.
If this is the case, the employer may ask if the ap- plicant will need an accommodation and what type.
However, as a best practice in the pre-offer stage,
it is prudent for an employer to stick to questions about the applicant’s ability to perform the posi- tion’s essential functions, with or without reasonable accommodation, such as whether the applicant can respond quickly to instructions in a noisy, fast-paced work environment.
After making a conditional job offer, an employer may ask questions about the applicant’s health (including questions about an applicant’s disability, including deafness and hearing disabilities) and may require a medical examination as long as all appli- cants for the same type of job are subjected to the same requirement.
For current employees, an employer may ask
Cooley Dickinson Launches New Brand Identity
NORTHAMPTON — Cooley Dickin- son Hospital has officially unveiled its new brand and visual identity, representing its enhanced collaboration with colleagues throughout the Mass General Brigham system.
The hospital began installing exterior signage with the name (Mass General Brigham – Cooley Dickinson) and new logo on its main campus last month; installation was completed last week.
“The signs on our building and through our hospital campus visually reinforce that Cooley Dickinson is part of Mass General Brigham, a world-class healthcare system
with patients at its center,” Cooley Dickin- son President and CEO Lynnette Watkins said. “Mass General Brigham is commit- ted to delivering local expertise to Pioneer Valley residents. When we combine our resources and talents, we provide a power- ful impact for patients and the communi- ties we serve.”
Some of the services Mass General Brigham brings to the community include medical oncology, radiation oncology, and genetic counseling services through the Mass General Cancer Center; evaluation clinics for liver and kidney transplanta- tion; and maternal fetal medicine services.
“These are services that are not typically found at community hospitals,” she said. “We are so fortunate to collaborate with Mass General Brigham to make these and other services available to our commu- nity.”
At the same time, Watkins noted, Cooley Dickinson has a 137-year history in its community. “Our unique culture and our talented providers and staff
make us who we are. And the generous philanthropy we receive from local busi- nesses and individuals remains here to support projects like the renovation of our Childbirth Center and the expansion of
our Emergency Department.”
In 2013, Cooley Dickinson Hospital
announced its affiliation with Massachu- setts General Hospital and what was then Partners HealthCare. This year marks the 10-year anniversary of that collaboration. The Mass General Brigham brand was launched in 2019, leveraging the strengths of its founding hospitals.
Over the next several months and years, Cooley Dickinson will continue to gradu- ally transition the new brand identity to its community clinics and medical offices, employee ID badges, and more.
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