8/02/23: EEOC Releases Updated Guidance on the ADA & Visual Disabilities
August 2, 2023
On July 26th, the U.S. Equal Employment Opportunity Commission (EEOC) issued an updated technical assistance document regarding the Americans with Disabilities Act (ADA) and visual disabilities. The guidance addresses how employers should handle voluntary disclosures regarding an applicant’s or an employee’s vision, as well as how to address safety concerns. The guidance also provides insight into the types of accommodations workers with visual impairments may need, including the availability of new free and low-cost technologies.
What Is a Visual Disability?
Under the ADA, a disability is defined as “a physical or mental impairment that substantially limits one or more of the major life activities.” This can include a variety of vision-related conditions, including blindness, low vision, limited visual fields, photosensitivity, color vision deficiencies, and night blindness.
Do I Need to Provide a Workplace Accommodation for a Visual Impairment?
Maybe. An employer must provide reasonable accommodations to individuals with disabilities, including those with visual impairments, except where the accommodation would cause an undue hardship on the employer.
Where an employee simply uses glasses or contact lenses to treat a visual impairment, no workplace accommodation may be needed because the visual impairment may not substantially limit a major life activity under the circumstances. However, in other circumstances, employers may need to explore offering one or more other accommodations which might be considered reasonable under the circumstances. This could include, for example, lighting adjustments to the employee work area, the use of a guide dog, or a screen reader.
Medical Inquiries
The ADA restricts when an employer can ask questions related to a disability. As reiterated in the EEOC’s newly released guidance, an employer cannot ask questions related to a visual disability before making a conditional job offer, nor may they ask the applicant to have a medical examination. An employer is, however, permitted to ask an applicant about their ability to perform job functions with or without reasonable accommodation, such as whether they can read labels on packages that need to be stocked.
After a job offer, if an applicant has disclosed that they have a visual impairment, an employer may ask follow-up questions such as what specific visual limitations the applicant experiences. A job offer can be contingent on the employee’s responses or passing a medical exam, but the employer must conduct follow-up questions in a non-discriminatory manner and with confidentiality in mind.
During employment, an employer is permitted to ask disability-related questions and/or require an employee to have a medical examination when the employer has a reasonable belief, based on objective evidence, that an employee’s ability to perform essential job functions will be impaired by a medical condition, or that an employee will pose a direct threat at work due to a medical condition, among other circumstances.
Compliance with the ADA can be challenging. Employers should seek advice from counsel if they have questions regarding applicants or employees with disabilities.
Click to access a PDF of this E-Alert.
For questions about ADA compliance or any other employment matters, contact the Barran Liebman team at 503-228-0500.