Boss threatened job due to hearing impairment

Well, if you were not sure if you are going to be rejected by your company so you thought you could lie on the resume hoping that you don't need accommodations like training. Many disability people had tried to fill out the information and there are times there are discrimination against them for employment. They hate to be rejected. That is understandable.

It is hard to find a d/Deaf friendly company that are willing to hire you and you would get special accommodations that you need for training. You have hearing loss that you can never be a hearing person because you might miss something that you can not hear. As for the phone, it is not that easy to listen on the phone if you have mild hearing loss especially with the hearing aid(s). Most companies want you on the phone but if you have hearing loss, then that would be a problem.

Good luck at this job or find another job that have d/Deaf friendly company that you can work without discrimination.

I am curious what kind of work you to?
 
Calvin said:
This is why you should never lie in your application.
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So the OP does not have a case against their boss. I was told years ago that companies got a tax break for hiring people with a disability , I am not sure if this is true or not.
 
The OP stated "no" to disability... if the OP sues the employer, she will lose because the applicant stated "no" to disability. I just looked at the OP's introduction thread, sounds like she is late deafened so that could be why she is not understanding whether she has disability or not. Maybe she can sit down with the employer and evaluate the situation, hopefully if the boss is nice enough to understand her situation and work it out to keep her job on good terms.

The employer needs to know so they can prepare to accommodate the needs when they hire someone to perform job functions. It takes time to hire interpreter when needed, training to communicate with person with disabilities, any such accommodations the employers can give.

whatdidyousay! said:
So the OP does not have a case against their boss. I was told years ago that companies got a tax break for hiring people with a disability , I am not sure if this is true or not.
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Calvin said:
The OP stated "no" to disability... if the OP sues the employer, she will lose because the applicant stated "no" to disability. I just looked at the OP's introduction thread, sounds like she is late deafened so that could be why she is not understanding whether she has disability or not. Maybe she can sit down with the employer and evaluate the situation, hopefully if the boss is nice enough to understand her situation and work it out to keep her job on good terms.

The employer needs to know so they can prepare to accommodate the needs when they hire someone to perform job functions. It takes time to hire interpreter when needed, training to communicate with person with disabilities, any such accommodations the employers can give.
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That sound like great advice hopefully the OP will take it. I bet you could be right about her not understanding how to answer the 'disability ' part.
My boss knew I was hoh from my 'accent' . :giggle:
 
A Nihilist said:
Legally they have the right to fire you because you "lied" on your resume about your disability.

And what Swedeafa said, it's not worth it trying to get uncooperative employers to work with you.
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I didn't lie on my resume'. People often don't advertise their disabilities on their resume'. They ASK on the application.
 
MMcC said:
May I ask what type of work you do? The reason I ask is that your employer's concerns may have to do with a perceived liability exposure. If your hearing has nothing to do with your job, then you should be fine if you can set your clients/customers at ease. I also wonder what your employer meant by having your hearing "fixed" so that you could properly train. If you can hear with your aids in, then your hearing is fixed. With that in mind, you could also argue that with hearing aids you do not consider yourself to be disabled, therefore you did not answer untruthfully on your job application.

Is there a Deaf Community Center where you live? You might see if they can set up a consultation with an attorney that handles ADA employment issues.

If you like this job, it may be worth fighting to keep it. Still, it is always a good idea to keep your eyes open for something better.
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I work in the IT department of hospitals supporting the software used by the business office (billing). The lady told me she had NO DOUBT I could do the job but it appeared I had MISSED some things said. I've been wearing hearing aids for over five years now and this is the first time I've had this happen.

She just let me go today.
 
Swedeafa said:
Going to the paper is not a good idea since Danimart has no way to prove what the boss said. He/she will simply say it's an misunderstanding, or perhaps even that he/she never said anything like that at all. The boss will claim that Danimart lied about having a disability and have the job application to prove it. Maybe the boss will use going to the paper as a sign of being illoyal and use that as an excuse for letting Danimart go. It's not fair, but proving discrimination or work place bullying is not easy to do.
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Why do you keep insisting I lied? According to what my recruiter sent:

"According to the ADA, you don't need to disclose it unless you need a reasonable accommodation to be made."

I didn't as I have hearing aids. They aren't perfect but no one else has ever had a problem with me before.
 
seb said:
Either get an attorney or contact the local paper, there is probably a reporter that would love to do a story on how your boss want's you to "fix" your hearing.
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She let me go today. She told me that I was still "on the bench". This is where you still get paid until they find something else. But you are only "on the bench" for so long. If they can't find anything right away they let you go.

She told me,"Your insurance kicks in on August 1. I suggest you take the opportunity to see a doctor and get your hearing fixed."
 
Calvin said:
Never lie on the application/resume. Disability doesn't necessarily mean physical handicap. Deaf, Blind, Intellectual also falls into disability category and need to insert yes so the boss is aware and to follow ADA law. You may have a case if the employer discriminates you because of your hearing status but since you mentioned "NO" on the application, you won't have a case against them.

Always be honest on your application and it is good idea to update your resume on every job you have, (Company, hired and end date) The employer who interview may inquire you about your other job(s).

Politely explain your boss that it is misunderstanding about the disability part on the application. You may be on a limb if the boss would accept your explanation or not. Unfortunately, it may be difficult to get the boss to accept it as the employer does not like dishonest people.
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This is from the email my recruiter sent me:

The ADA does not require applicants to disclose that they have or had a hearing impairment or another disability unless they will need a reasonable accommodation for the application process (for example, a sign language interpreter). Some individuals with a hearing impairment, however, choose to disclose or discuss their condition to dispel myths about hearing loss or to ensure that employers do not assume that the impairment means the person is unable to do the job.

Sometimes, the decision to disclose depends on whether an individual will need a reasonable accommodation to perform the job (for example, specialized equipment, removal of a marginal function, or another type of job restructuring). A person with a hearing impairment, however, may request an accommodation after becoming an employee even if she did not do so when applying for the job or after receiving the job offer.
 
DeafDucky said:
I'm not sure where on a resume one should be putting what their disability is. It is a no-no to be putting any kind of personal information on the resume itself.
Definitely update the resume- I've even updated it while still working- tweaking it (pain in the butt part comes when you should or are advised to tailor the resume to the job you are applying for).

As for actual job applications I do state(or try to) my disability IF THEY ASK FOR that information. The EEO thingie all employers are required to do (what is your race, are you a vet, do you have a disability) is a voluntary one, a separate process and has nothing to do with the job application/hiring process. I have actually filled those in both ways- disclosing as well as "do not wish to answer/disclose" - I think all of the questions have that option now.

So I don't see how the hell it is lying if I don't have anywhere on my resume that screams I am deaf (other than where I went to college).
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I have ALWAYS disclosed before. My hearing aids aren't perfect. But I've never had an employer say anything before. This is all new.
 
Calvin said:
This is why you should never lie in your application.
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I wasn't asking the employer to accommodate me. How could they? I already HAVE hearing aids. What else could they do? I haven't learned sign language yet so they can't provide an interpreter.
 
Bebonang said:
Well, if you were not sure if you are going to be rejected by your company so you thought you could lie on the resume hoping that you don't need accommodations like training. Many disability people had tried to fill out the information and there are times there are discrimination against them for employment. They hate to be rejected. That is understandable.

It is hard to find a d/Deaf friendly company that are willing to hire you and you would get special accommodations that you need for training. You have hearing loss that you can never be a hearing person because you might miss something that you can not hear. As for the phone, it is not that easy to listen on the phone if you have mild hearing loss especially with the hearing aid(s). Most companies want you on the phone but if you have hearing loss, then that would be a problem.

Good luck at this job or find another job that have d/Deaf friendly company that you can work without discrimination.

I am curious what kind of work you to?
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I am a healthcare consultant. I specialize in supporting the Revenue Cycle (scheduling through bill drop). I specialize in Meditech support. And thank you for your post.
 
whatdidyousay! said:
That sound like great advice hopefully the OP will take it. I bet you could be right about her not understanding how to answer the 'disability ' part.
My boss knew I was hoh from my 'accent' . :giggle:
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OP = Original Post? I asked the recruiter how I should answer and she sent me the info stating I did not have to say as long as I did not need accommodation. I have the email to prove it too.
 
I still think it is worth speaking with an employment attorney. She should be made to prove that the client complained or expressed concerns. It also sounds like you weren't given the opportunity to address her/their concerns. I'm sorry you were let go. That really sucks. Don't let it stop you from immediately looking for other work.
 
danimart62 said:
I work in the IT department of hospitals supporting the software used by the business office (billing). The lady told me she had NO DOUBT I could do the job but it appeared I had MISSED some things said. I've been wearing hearing aids for over five years now and this is the first time I've had this happen.

She just let me go today.
Click to expand...

Just try go to EEOC and see if they willing to intervene your workplace for violation of ADA.

There is problem - if you say "yes" to disability so employers won't hire you because they don't want to deal with employees with disabilities.

Only 17% of American with disabilities are employed.

http://www.huffingtonpost.com/entry...-fighting-that-stat_55b27ceee4b0224d883223f4?

Also, don't feel guilty about lying on job application - that's more of misunderstanding and explain to EEOC that you didn't understand about application.
 
danimart62 said:
OP = Original Post? I asked the recruiter how I should answer and she sent me the info stating I did not have to say as long as I did not need accommodation. I have the email to prove it too.
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Yes, OP = Original Post.
 
Swedeafa said:
Going to the paper is not a good idea since Danimart has no way to prove what the boss said. He/she will simply say it's an misunderstanding, or perhaps even that he/she never said anything like that at all. The boss will claim that Danimart lied about having a disability and have the job application to prove it. Maybe the boss will use going to the paper as a sign of being illoyal and use that as an excuse for letting Danimart go. It's not fair, but proving discrimination or work place bullying is not easy to do.
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That's true. She could always say, "Well, she misunderstood me. You know she can't hear. How could she say I said that when she can't hear?"
 
Foxrac said:
Just try go to EEOC and see if they willing to intervene your workplace for violation of ADA.

There is problem - if you say "yes" to disability so employers won't hire you because they don't want to deal with employees with disabilities.

Only 17% of American with disabilities are employed.

http://www.huffingtonpost.com/entry...-fighting-that-stat_55b27ceee4b0224d883223f4?

Also, don't feel guilty about lying on job application - that's more of misunderstanding and explain to EEOC that you didn't understand about application.
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Thank you.
 
DeafDucky said:
yep... as far as I know putting your disability, age, marital status, hobbies/interests is no longer encouraged for resumes.

That last line in your example about references probably shouldn't be there either- I haven't put that on my resume in over 20 years lol as sometimes potential employers don't ask for them; if they do call former employers they are only allowed to ask for verification of employment (that you did work there) and dates of employment verification... I think that's it not sure if there is a third thing or not.
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Exactly! No where on your resume should it say "Hearing Impaired" or "Deaf person seeking employment". As I understand it, they are not even supposed to ask you if you have kids unless you bring it up.
 
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