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  1. #1
    Join Date
    May 2008
    Posts
    2

    Default Hearing Aids And Walkie Issues

    My question involves labor and employment law for the state of: CA. I worked for a large company. I worked in the backroom pulling and backstocking merchandise. I have a hearing problem that requires me to use hearing aids. One of our jobs was to respond to requests made over a walkie. I never answered these requests because I could not hear the numbers. I just let my co-workers answer the walkie. I just got my review and my raise was cut in half because I did not use the walkie. I explained to them why and they said to bad. I told them they need to fix this or I was walking. They did not so I quit. Do I have a case against them? Is this something I should look into or chalk it up to a bad day? Thank You

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Hearing Aids And Walkie Issues

    Multiple courts have ruled that an employer is not responsible for accomodating a disability that they have not been made aware of or had an accomodation requested. So they have no liability for anything prior to your review.

    It is unclear whether they have any liability for anything afterwards. We cannot tell from what you have posted whether you actually requested an accomodation, whether or not one was possible (letting other employees do all the work is NOT considered a reasonable accomodation) or whether you gave them enough time to come up with one.

  3. #3
    Join Date
    May 2008
    Posts
    2

    Default Re: Hearing Aids And Walkie Issues

    I have worked for this company for 6 years. I was hired wearing my hearing aids. I never worked alone. There was always other employees in the backroom with me so they just answered the walkie requests and I would then help pulling the items off the shelf. It has never been an issue. I truly believe the company is trying to lose the long term employees so they can hire new ones at a lower wage. This is a large retail company. My last 5 reviews have been very good and always got a very good raise. Thank You

  4. #4
    Join Date
    Dec 2005
    Posts
    200

    Default Re: Hearing Aids And Walkie Issues

    Were you ever given permission not to answer the "walkie" because of your hearing aids? Was your employer (supervisor, manager, etc.) aware that you didn't answer the "walkie" because of your hearing aids? If your answer is yes to either question, your employer is going to have a difficult time defending its decision to cut your raise.

    If you've not been responding for all these years, why do you think it has now become a problem?

    If your hearing problem makes you a qualified disabled individual under the federal ADA, and you can't hear and understand communications over the "walkie," request that your employer provide you with a reasonable accommodation. There may be some device that will allow you to hear through the "walkie" or your employer can let you continue to do what you have been doing. It's going to be hard for your employer to argue now that continuing the practice would be an undue hardship. Apparently, obtaining the numbers via the "walkie" is not an essential duty of the job and allowing another employee to receive the information and give it to you, is an appropriate reasonable accommodation under the ADA.

    For more information and assistance, you can contact EEOC or DFEH. DFEH may be preferable. It's my understanding that CA's disability discrimination act is more liberal than the federal ADA.

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