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

1 Lawyer Answer
James L. Arrasmith
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  • Civil Rights Lawyer
  • Sacramento, CA

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.

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