Accommodating Employees with Visual Disabilities under the ADA

The Americans with Disabilities Act (ADA) has stood as a cornerstone of employment compliance for over three decades, safeguarding the rights of individuals with disabilities in the workplace and beyond. In response to the evolving landscape, the U.S. Equal Employment Opportunity Commission (EEOC) recently updated its guidance regarding job candidates and employees with visual disabilities. This fresh guidance underscores the importance of staying up-to-date with ADA compliance in today's rapidly changing world, especially with the integration of artificial intelligence (AI) in the workplace.

Disclosure of Visual Disabilities: 

One key aspect clarified by the EEOC is how employers should handle voluntary disclosures of visual disabilities. The ADA does not mandate applicants to reveal their visual disabilities unless they require reasonable accommodations during the application process. Moreover, once hired, employees can request accommodations at any time.

Types of Reasonable Accommodations: 

The updated guidance emphasizes the broad spectrum of changes that can qualify as reasonable accommodations for individuals with visual disabilities. These may include:

• Braille or Large-Print Materials: Providing materials in Braille or larger fonts.
• Guide Dogs: Allowing the use of guide dogs in the workplace.
• Ambient Adjustments: Creating well-lit work areas to enhance visibility.

Leveraging New Technologies: 

Today's technology offers a wealth of options for accommodating job candidates and employees with visual impairments. Some examples cited by the EEOC include:

• Text-to-Speech Software: Assisting individuals by converting text into speech.
• Optical Character Recognition (OCR) Technology: Converting printed documents into screen-readable electronic formats.
• Accessibility Apps: Smartphone and tablet apps with built-in accessibility features.

Employers seeking guidance on job accommodations and disability employment issues are encouraged to explore the federal government's Job Accommodation Network, which offers expert and confidential assistance.

AI and Compliance:

As AI increasingly permeates the workplace, the guidance highlights a critical issue – how AI and algorithm-based decision-making tools could inadvertently lead to ADA violations. Such technologies might unintentionally exclude individuals with disabilities during the application process or while on the job.

Employers should address two primary responsibilities:

1. Technology Transparency: Employers must provide information about how the technology evaluates applicants or employees, ensuring transparency and fairness.
2. Accommodation Instructions: Clear instructions for requesting reasonable accommodations, such as alternative testing formats, should be readily available to ensure fair assessments without undue hardship.

Mitigating Legal Risks: 

Inadvertently violating the ADA can result in unexpected and substantial legal costs, as well as harm to your employer brand. Collaborate with legal experts to assess and mitigate your risk. Our firm can assist in quantifying and analyzing the costs of accommodation measures.

ADA compliance is not just a legal requirement; it's a commitment to workplace inclusivity. Staying informed about the latest updates, technologies, and legal responsibilities ensures that your organization provides equal opportunities to all, fosters a diverse and inclusive workplace, and avoids potential legal pitfalls.

For the full text of the guidance, click here.