It is common knowledge that discrimination has no place in today’s workplace. And most employers know by now that there are questions that shouldn’t be asked in an interview. But does the law protect a deaf applicant before the interview even commences? Yes. In fact, the Equal Employment Opportunity Commission recently secured a jury verdict of $1,675,000 against a major distribution company for violating the Americans with Disabilities Act based on its refusal to interview a qualified deaf applicant.
For context, a candidate who was deaf applied for two entry-level positions for which she was fully qualified. The company’s human resources department contacted her and left a voicemail shortly after she had submitted her application. When the applicant returned the call she utilized Telecommunications Relay Service, which is a phone service that enables those who have difficulty hearing or speaking to make calls to standard voice telephone users through the assistance of operators who facilitate such calls. Once the company received the call via TRS, they not only failed to return the applicant’s call, they rejected her application in record time and subsequently filled the role with non-deaf applicants.
The EEOC later filed a lawsuit against the company and ultimately won a $1,675,000 judgement against it for denying the applicant the opportunity to compete for the position by depriving her of the opportunity to interview. The EEOC’s recent win is another reminder that the law not only requires an even playing field for employees but also for applicants with disabilities. And one way to ensure the playing field is even for both applicants with disabilities — and to avoid a $1,675,000 lesson — begins in an employer’s human resources department. Listed below are five ways an employer can train its hiring personnel to ensure compliance.
First, have documented processes for recruiting, interviewing and hiring. These processes should be reviewed, annually at a minimum, to ensure that they are inclusive of and accessible for disabled and other marginalized applicants.
Second, start with the job post itself and make sure the requirements listed are true requirements and not unnecessary barriers. Additionally, ensure job descriptions are current, accurate in the description of job duties and required qualification, and include the essential functions of the job. Requiring a bachelor’s degree, for instance, when candidates with a high school diploma could perform in the role successfully could have a disproportionate impact on the eligibility of certain groups. Use this same microscope to inspect how candidates are sourced and interviewed.
Third, regularly train human resources staff, managers and other hiring personnel not only on the processes but also on best practices for inclusion and recognizing and eradicating bias. Training human resources staff on the recruiting processes is key to ensuring all applicants are reviewed for the same, objective requirements and that employment decisions are made equitably, whether it is advancing or declining the candidate. Training on recognizing bias, even unconscious bias, further ensures that your processes are nondiscriminatory and accessible. When an employer dedicates time and resources to this type of training, everyone inside the organization understands that being an equal opportunity employer is a priority and creates a culture of acceptance and inclusion.
Fourth, have a standardized screening and interview process and one that is based on objective job-related criteria, which reduces inconsistencies. For example, some good practices include standardizing the method and timing of informing applicants of their status, ensuring the interview questions are the same/similar for the applicants and assigning the same weight to questions.
Finally, train your staff that a one-size-fits-all approach is insufficient. For example, a qualified applicant who is hearing impaired may require an accommodation at the onset (e.g., additional interview time, interpreter, or access to TRS) of the process, which another similarly abled applicant may not request.
While a full review of processes and impactful training sounds like a big ask for companies, it’s not for nothing. According to a recent study, companies that implemented disability-inclusive practices over the five-year time span experienced 1.6 times more revenue and 2.6 times more net income. Those companies are also 25 percent more likely to outperform on productivity compared to their industry peers. It is undisputed that allowing equal employment opportunities for individuals who are differently abled has a positive impact not only on the candidates themselves but fosters diversity, growth and increased knowledge in the workplace. As such, resources spent on the front end to create compliant employment handbooks, inclusive workspaces and the training of key personnel are all methods to ensure an employer’s success.
Alen Samuel is an associate at Dallas-based Platt Richmond, where she focuses her practice on employment and intellectual property law.
With over 13 years of experience in legal administration and human resources, Jenny Crutcher serves as the head of firm administration at Platt Richmond. She has experience in supporting a range of organizations from a large, international corporate law firm to a startup personal injury practice that tripled in size during her tenure. While at Platt Richmond, she has leveraged her SHRM-SCP certification to create an internal culture that aligns with the firm’s values and missions.
