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

7. Are there any other instances when an employer may ask an employee with a hearing impairment about her condition?

Yes. An employer also may ask an employee about a hearing impairment when it has a reasonable belief that the employee will be unable to safely perform the essential functions of her job because of the hearing impairment. In addition, 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;[21] or

• to enable the employee to participate in a voluntary wellness program.[22]

Example 5: An employer maintains a leave policy requiring all employees who use sick leave for a medical appointment to submit a doctor's note upon returning to work. Mark, an employee, uses sick leave to attend an audiologist appointment to adjust his hearing aids. In accordance with its policy, the employer can require Mark to submit a doctor's note for his absence; however, it may not require the note to include any information beyond that which is needed to verify that Mark used his sick leave properly (such as, the degree of Mark's hearing loss, the strength of his hearing aids, or the results of the adjustment).

[21] An employer also may ask an employee for periodic updates on her condition if the employee has taken leave and has not provided an exact or fairly specific date of return or has requested leave in addition to that already granted.  Of course, an employer may call employees on extended leave to check on their progress or to express concern for their health without violating the ADA.