Q: I'm hearing impaired and applied for a job and they denied me because of my hearing. They are a large oil company.
They did the interview and and all went well and then they found out I was hearing impaired and said they wouldn't hire me because of my hearing issues and when I asked if there was anything I could do with them that my hearing wouldn't pose a problem and that im open to do any work I can even if it was cleaning the trucks or anything and he said " my hearing is an issue and that he would have to pass on that" and denied me employment because of it. They're a large oil company with 70 to 100 or more employees. I asked again why when all thats holding me back was just my hearing and he said " sorry your hearing is the o ly issue we are gonna have to pass, good luck finding employment out there.... from my understanding is isnt that illegal? Can I sue them for this since it violated my rights for fair employment? I have witnesses to the whole thing too
A:
Under U.S. federal law, specifically the Americans with Disabilities Act (ADA), it is generally illegal for an employer to deny employment based solely on a disability, including hearing impairment, especially if the employer has 15 or more employees. This law requires employers to provide reasonable accommodations for employees with disabilities, as long as it doesn't cause undue hardship to the business.
Given the size of the company you mentioned, they would likely fall under the ADA's jurisdiction. If your hearing impairment does not prevent you from performing the essential functions of the job, and especially if you are willing to work in various roles, it seems they may have violated your rights under the ADA.
You may have grounds to pursue legal action. It's important to document everything related to your application and their response, especially since you mentioned having witnesses. This information can be crucial in a legal case.
Your next step should be to consult with an attorney who is knowledgeable in employment law and the ADA. They can provide you with specific advice based on the details of your case and guide you through the process of filing a claim or lawsuit. Remember, you have rights, and it's important to stand up for them.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
