Many of us have encountered different forms of disability discrimination in the workforce. Whether it was during the interviewing process, in the form of colleague harassment or being denied accommodations, disability discrimination still exists.

I had the priviledge of interviewing Mr. Ross Runkel, a Law Professor who specializes in employment discrimination.  I am sure you will find the interview very educational.

Pearl:  Ross, I understand you're in Employment Law, can you tell us about your background and your practice?

Ross:  I taught labor and employment law for 30 years at Willamette University. I'm also a labor arbitrator, and editor of an email employment law newsletter.

Pearl:  What state do you practice in?

Ross: I live and teach in Oregon and my arbitration practice takes me to many Western states.

Pearl:  Are the laws concerning employers and discrimination the same from state to state?

Ross:  No. There are great variations in such things as which employers are covered, who is "disabled," and what sort of accommodations are required.

Pearl: As you know, our membership are late deafened and hard of hearing individuals.  When interviewing, should you tell a prospective employer about your hearing loss and/or deafness during the initial interview? And why?

Ross:  There is no right answer to this, because it will depend on the job, the employer, the individual, and the degree of hearing loss. I personally think it is wise to bring the subject up at some point if hearing loss will have an impact on the ability to do the job, or if you plan to ask for an accommodation.

Pearl:  How would we know if we've been turned down for a job because of our disability?

Ross:  This is difficult. One way is if the employer hires someone else who is less qualified.

Pearl:  Proving that we've being discriminated against would be difficult since there are no witnesses to some of the things said during the interview.  Do you have any suggestions?

Ross: One suggestion is to take notes immediately after the interview. Write down the exact words that were said rather than your impression about what the interviewer meant or what the interviewer was thinking.

Pearl:  Does an employer have to provide a reasonable accommodation if requested by a disabled person? Are their guidelines as to what a company can see as reasonable accommodation or is that at the company’s discretion?

Ross:  Assuming the employer is covered by a disability statute such as the ADA, and the person is disabled as defined by the statute, then the employer must provide a reasonable accommodation. The idea of what is "reasonable" will vary in each case depending on the unique characteristics of the individual employee, the nature of the work and the resources of the employer. It is not totally at the company's discretion.

Pearl: How do you handle a supervisor who refuses to acknowledge that you need specific accommodations. ex: refusing to face you so that you can lipread or the supervisor refusing to repeat what they said when asked to repeat or rephrase?

Ross:  As with all rude behavior, begin by discussing it calmly with the supervisor. If necessary, then take it up with the supervisor's boss or the human resources department.

Pearl:  An employee requests CART as a reasonable accommodation for staff meetings but instead the department provides a sign language interpreter, although the employee does not sign.

Ross: This will depend on whether providing CART is so expensive that it will be considered an "undue hardship" for the employer.

Pearl: The employee signs but prefers CART at staff meetings.  The employer has easy access to interpreters and though the employee requests CART, the employer provides a sign language interpreter. Does the employee have a case to grieve?

Ross:  Probably not. The employer may be required to provide an accommodation that is reasonable, but is not required to provide the employee's first choice of an accommodation.

Pearl: Can an employer turn down Internet Relay as an accommodation for fear of client confidentiality being compromised, although relay is supposed to provide confidentiality as well?

Ross: Probably. There is no 100% guarantee of confidentiality any time humans and the internet are involved.

Pearl:  If a hearing impaired employee loses additional hearing while on the job and now needs a special telephone in order to continue to do their job, is the company responsible for the purchase of that telephone?  What recourse does a person have if the company refuses to purchase the equipment?

Ross: Generally, yes. If the company refuses, then the employee can file a charge with the EEOC and their local administrative agency, and ultimately go to court.

Pearl:  When an employee requests a reasonable accommodation and the employer has agreed to provide the accommodation, what is a reasonable amount of time to expect it to be in place?  and/or for the employee to ask when the equipment will be provided?

Ross:  It should be provided within a "reasonable" amount of time, which will vary according to its cost, availability, and other factors.

Pearl:  How can a hearing impaired/deaf person on the job deal with co-workers who make fun of hearing loss?

Ross: This is a form of harassment, which typically violates both the law and the employer's policies. Start by discussing it with the rude co-workers, and then follow the employer's policies regarding reporting this to a supervisor.

Pearl: Ross, I want to thank you for your time and for working toward helping people in employment discrimination suits.

Ross Runkel, is founder of LawMemo at www.lawmemo.com and is Professor of Law Emeritus at Willamette University College of Law. He has spent 35 years specializing in employment law, employment discrimination, labor law, and arbitration. 

Ross Runkel was the lead-off speaker at the Texas District & County Attorneys Association on Recent Trends in National Employment Law, May 16, 2007. 

Ross Runkel spoke at the State Bar of Texas Labor & Employment Law Section  October 7, 2006.