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Civil Justice Center


Hearing Impairment Discrimination Claim


By Cletus Ernster

A Houston, Texas based home decor retail company has been sued by attorneys with the U. S. Equal Employment Opportunity Commission (”EEOC”) for allegedly violating federal law by discriminating against hearing impaired applicants at its Austin store, according to a September 25, 2009 EEOC Press Release at http://www.eeoc.gov/press/9-25-09h.html .  As stated in the EEOC Press Release, attorneys charge in the disability discrimination lawsuit that the Houston company failed to hire two applicants for stocker positions in its Austin store based upon their deafness.  The EEOC contends that simply eliminating deaf job applicants from consideration, without even attempting an accommodation, is unfair and unlawful.  In this regard, refusing to hire a qualfied individual because of his or her disability violates the Americans With Disabilities Act (”ADA”).  An EEOC San Antonio Field Office trial attorney was quoted in the Press Release, saying that the EEOC is committed to preventing disability discrimination in the workplace.  Another EEOC San Antonio Field Office trial attorney added that “An employer must make reasonable accommodation to the known physical limitations of a qualified applicant with a disability unless it can show that the accommodation would cause an undue hardship.” 

The EEOC is a federal agency which enforces federal laws prohibiting employment discrimination, including disability discrimination against deaf or hearing impaired employees and job applicants.  Further information about the EEOC is available in the agency’s website at www.eeoc.gov

Whether employment related disability discrimination against the deaf or hearing impaired occurs in Austin, Houston, San Antonio or elsewhere, deaf or hearing impaired victims of employment discrimination may contact the EEOC and an attorney to determine if a disability discrimination lawsuit is ultimately appropriate under the particular circumstances and facts of the potential discrimination claim.

Link to Article: Hearing Impairment Discrimination Claim

Posted in: Disability Discrimination

 

 

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