Can you hear me now? Employer can't ban employees from using hearing aids

Most employers know that the Americans with Disabilities Act (ADA) and the New York State Human Rights Law (NYSHRL) require them to provide reasonable accommodations that enable disabled employees to perform the essential functions of their jobs. But what about an inflexible ban on the use of certain medical or supportive devices based on safety concerns? The Appellate Division, First Department, recently found that an employer's long-standing ban on court officers' use of hearing aids violated the NYSHRL.

Background

Jakub R. Zaic, a per diem court interpreter for New York's Office of Court Administration (OCA), passed the written test for a court officer trainee position and was conditionally hired for the job. However, the OCA later removed him from the position based on its long-standing ban on court officers' use of hearing aids on the job and its prohibition on applicants using hearing aids during the audiometric test to medically qualify for the position.

Zaic filed a disability discrimination complaint with the New York State Human Rights Division (NYSHRD). The NYSHRD found that the OCA had discriminated against Zaic and ordered it to cease and desist from subjecting applicants to blanket exclusions from the court officer trainee job based on their hearing loss or use of hearing aids, pay a $30,000 civil fine and penalty, and pay Zaic $5,000 in compensatory damages. The OCA challenged the NYSHRD's findings in court, and the case was transferred to the First Department.

Beware of blanket bans