EEOC Releases New Resource on the ADA and Visual Disabilities

This week the U.S. Equal Employment Opportunity Commission (“EEOC”) released an updated technical assistance document, “Visual Disabilities in the Workplace and the Americans with Disabilities Act”, which explains how the American Disabilities Act (“ADA”) applies to employees and job applicants with visual disabilities. The EEOC addresses: (1) when an employer may ask an applicant or employee questions about a vision impairment; (2) what types of reasonable accommodations applicants or employees with visual disabilities may need; (3) how an employer should handle safety concerns about applicants and employees with visual disabilities; and (4) how an employer can ensure that no employee is harassed because of a visual disability.

In compliance with the ADA, employers may ask questions pertaining to an applicant’s ability to perform essential job functions, with or without reasonable accommodation. For example, employers may ask whether an applicant can read labels on packages that need to be stocked or whether an applicant can work the night shift. Employers may not, however, ask questions about medical conditions or require applicants to have medical examinations before making conditional job offers. Inquiring as to whether or not an applicant has a condition that affects the applicant’s vision or that may have caused a vision impairment are examples of questions that would violate the ADA.

Employees with visual impairments may require accommodations, such as assistive technology (including screen readers or optical character recognition [OCR] technology) and/or accessible materials (including braille or large print). Employers may utilize public and private resources, such as the Job Accommodation Network (JAN), to identity possible reasonable accommodations.

With respect to safety concerns, employers are expected to evaluate individuals with disability-related limitations based on their skills, knowledge, and experience. If an employer has a reasonable belief (based on objective evidence) that an individual’s visual disability may pose a safety issue, then it should follow the ADA “direct threat” analysis, which involves both assessing potential risks and discerning whether reasonable accommodations might reduce or eliminate these risks. Employers should not act on the basis of myths or stereotypes about vision impairments. An employer may exclude an individual with a vision impairment from a job for safety reasons only when the individual poses an actual direct threat.

Employers should make clear that they will not tolerate harassment based on disability or on any protected basis. This can be done through written policies, employee handbooks, staff meetings, and periodic training. The employer should emphasize that harassment is prohibited and that employees should promptly report such conduct to a manager. Employers should also conduct thorough investigations of any report of harassment, and take swift and appropriate corrective action.

For more information, consult the resource on the EEOC’s website. If you have any questions regarding compliance, please contact us.