Due to safety guidelines, you are probably conducting all interviews over the phone or via video conferencing. Fair enough.
What do you do if you have a hearing-impaired candidate who says that neither of those options works for her?
This is the type of situation that comes up from time to time, and people aren’t prepared for it. Sometimes, a recruiter may just make the decision not to move forward without thinking of the legal consequences–and that’s a problem.
Yesterday, employment attorney Stuart Silverman shared the story of Dorit Richardson on LinkedIn. Richardson declined a phone interview with Guidewire Software, due to her hearing loss, and the company countered with a video interview with a sign language interpreter. That seems like a pretty good accommodation, except Richardson doesn’t know sign language and uses cochlear implants and, again, requested an in-person interview.
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Guidewire Software deserved to get sued. They ghosted her? Had they simply engaged, in good faith, in the interactive process — even if they didn’t grant the exact accommodation requested, but an otherwise effective one — they would have satisfied their legal duty to Ms. Richardson.
And how about those with hearing impairment who read lips?
Mandatory COVID masking is yet another slap in the face to the hearing impaired who do not know Sign Language.
So, take off the mask to do an interview and you break the (COVID) law, but leave the mask on and you break EEOC law…
Lose Lose situation for HR…
I think most “mask mandates” have an exemption for the hearing impaired (and those communicating with them) who read lips.
A mask isn’t recommended if you’re social-distancing; that is, staying at least 6 feet apart. And, of course, a ZOOM interview wouldn’t involve masks at all. That being said, what is “the (COVID) law”?