Do I have an ADA case?

Question

My 32 year old son lives in Denver. He is profoundly deaf. He works for a printing company. He hired on as a driver. He's a great worker and his boss loves him. He has learned additional duties such as binding, etc.
Here's the thing. He has an AA in computer graphics from Rochester Institute of Technology. He has repeatedly asked his boss if he can do computer graphics. His boss tells him no, because he is deaf and he would need to communicate with the client. He doesn't even let him try.... just says no, because he's deaf.
Is that an ADA case?

Answer 1

Not sure; talk to the EEOC. But in the meantime: does your son read lips? Or how does he communicate with the boss who likes him so much? Why can he not do that with clients?

And from a lay-person's point of view, I'd guess you do have an ADA case.

Here is a place to start:

Answer 2

Potentially. If the company is large enough, the company can make changes to the job so that the company gets what it wants and your son can do the job. However, if the company is very small, it may be too big of a change for the company. On the other hand, if communicating with the client is a big part of the job, it might be that your son just can't do the job. It is a big enough issue to consult with an attorney or the state agency that deals with these issues. I would start with the state agency. In California, I believe that is EDD. In any case, you facts are good enough that it should be looked into.

Answer 3

I am more surprised that they let him drive rather than work on the computers. Not that deaf people cannot drive or drive well, it just seems to me it would be easier to operate a computer without hearing than a car...on everyone. There is really no reason that your son cannot be given an assistant to help him communicate and that very well may be something covered by ADA. Speak to a lawyer experienced in ADA cases and see what he/she says.

Answer 4

My first instinct would be to read the company regulations concerning that specific job and it's requirements. If it does not state that communicating with a client is mandatory then he should inform his boss of the findings. If he is still denied the chance to perform that specific job for that exact reason then have him get it in writing and speak with a lawyer who deals in discrimination suits and get advice. Sometimes there is no case because it is hard to prove unless it is in writing. Hope this helps!
Good luck to you and your son! :)

Answer 5

I agree with the first responder....but try this first.


have him approach his boss one more time ....and ask the boss to give him a 2 week trial....if it works out, then he has a job, if it does not then he agrees to go back to the previous position.

if the boss refuses this offer...i would go to what the first responder said.

good luck :)