Grocer settles EEOC charges that it denied Deaf applicants interpreters

Dive Brief:

Sprouts Farmers Market will pay $280,000 to settle charges that it denied Deaf applicants reasonable accommodations during the application process, the U.S. Equal Employment Opportunity Commission announced Oct. 15.
EEOC alleged that the store failed to make arrangements to bring in American Sign Language interpreters, as requested by the applicants when they were told to interview for available positions. Store managers did not respond to applicants when they followed up about the interpreters.
The agency said the grocer's payout will go to three Deaf applicants.

Dive Insight:

The Americans with Disabilities Act — one of the federal anti-discrimination laws the EEOC enforces — requires employers to provide reasonable accommodations to employees and applicants with disabilities. Deaf and hard-of-hearing individuals are included in this group, the agency says.

It's common for Deaf and hard-of-hearing people to request an interpreter to assist in communication during interviews. Once the request has been made, the onus is employers to consider the accommodation. It's worth noting that an interpreter is not the only accommodation that can assist deaf and hard-of-hearing individuals. In guidance, the EEOC named a number of assistive technologies that can be helpful, including video relay services, telephone headsets and assistive computer software.

EEOC offers employers several other instructions pertaining to interviewing Deaf or hard-of-hearing individuals. It specifies that employers may not ask applicants whether they have or had a hearing impairment prior to making job offers; employers may not ask applicants about any obvious hearing impairment.

The agency highlights one exception: "If an applicant has an obvious impairment or has voluntarily disclosed the existence of a hearing impairment and the employer reasonably believes that he will require an accommodation to perform the job because of the impairment, the employer may ask whether the applicant will need an accommodation and what type."

Employers may also want to note the ADA requires them to provide employees with disabilities equal opportunities to participate in employer-sponsored activities, such as training. If an employer provides an interpreter during an applicant's interview, it may need to bring in another for the individual's onboarding process, for example.