Questions and Answers about Deafness and Hearing Impairments in the Workplace and the Americans with Disabilities Act

1. When does someone with a hearing impairment have a disability within the meaning of the ADA?      

As a result of changes made by the ADAAA, people who are deaf should easily be found to have a disability within the meaning of the first part of the ADA's definition of disability because they are substantially limited in the major life activity of hearing.[15] Individuals with a hearing impairment other than deafness will meet the first part of the ADA's definition of disability if they can show that they are substantially limited in hearing or another major life activity (e.g., the major bodily function of special sense organs).[16] A determination of disability must ignore the positive effects of any mitigating measure that is used. For example, a mitigating measure may include the use of a hearing aid or cochlear implant.[17]

Individuals with a history of a hearing impairment will be covered under the second part of the definition of disability if they have a record of an impairment that substantially limited a major life activity in the past.[18] Although this definition of disability does not apply frequently to individuals with hearing impairments, examples of when it might apply would include situations in which someone's hearing has been corrected surgically (not including surgery to put in a cochlear implant, a mitigating measure). Finally, an individual is covered under the third ("regarded as") prong of the definition of disability if an employer takes a prohibited action (for example, refuses to hire or terminates the individual) because of a hearing impairment or because the employer believes the individual has a hearing impairment, other than an impairment that lasts fewer than six months and is minor.

[14] National Association of the Deaf, The Difference between Deaf and Hard of Hearing, http://www.nad.org/site.