Can I Be Fired Because I Am Deaf or Hard of Hearing?
Under California and federal law, employees who are deaf or hard of hearing have strong legal protections against discrimination. Employers are required to provide reasonable accommodations to help ensure equal access in the workplace. If you have been treated unfairly or terminated due to your hearing condition, it may constitute unlawful discrimination.
This guide outlines your rights under the law, common examples of workplace accommodations, warning signs of discrimination, and what legal steps you can take if your employer acts unlawfully.
Protections Under FEHA and ADA
Two major laws protect workers in California who are deaf or hard of hearing:
- Fair Employment and Housing Act (FEHA): A California state law that prohibits disability discrimination in employment. FEHA applies to employers with five or more employees.
- Americans with Disabilities Act (ADA): A federal law that prohibits discrimination against individuals with disabilities in all areas of public life, including employment. The ADA applies to employers with 15 or more employees.
Both laws classify hearing impairments as a disability when they substantially limit a major life activity such as communication or hearing. Employers covered under these laws must provide reasonable accommodations unless doing so would impose an undue hardship.
Being deaf or hard of hearing cannot be a lawful reason for termination. If your employer fired you because of your hearing condition, this may be a clear violation of your legal rights.
Examples of Reasonable Accommodations
Employers are legally obligated to engage in the interactive process to identify and provide accommodations that enable an employee with a hearing impairment to perform their job. Below are examples of common accommodations:
| Type of Accommodation | Description |
|---|---|
| Sign Language Interpreters | Providing professional interpreters during meetings, interviews, or training sessions. |
| Captioned Telephones | Special phones that display real-time captions of what the caller is saying. |
| Video Relay Services (VRS) | Allowing deaf employees to use VRS to communicate by phone using an interpreter. |
| Assistive Listening Devices | Providing amplification systems to help the employee hear better in meetings or presentations. |
| Written Communication | Substituting audio communication with emails, text messages, or written memos. |
| Real-Time Captioning (CART) | Use of a captioner to transcribe live speech into text during meetings or conferences. |
Employers must consider each person’s unique communication needs and cannot simply refuse to accommodate on cost alone without showing that the burden would be significant.
Signs of Discriminatory Treatment
It can sometimes be unclear whether an employer’s actions amount to discrimination. The following signs may indicate discriminatory treatment against an employee who is deaf or hard of hearing:
- Denying requests for reasonable accommodations without valid justification
- Scheduling meetings or trainings without interpreters or accessible communication methods
- Making derogatory comments about hearing aids or communication methods
- Disciplining or demoting you for issues related to your hearing impairment
- Failing to engage in an interactive process to find appropriate accommodations
- Terminating your employment after you disclose your hearing condition or request accommodations
These actions may violate both state and federal laws, and you may have the right to challenge them.
Legal Steps If You’re Fired
If you have been fired due to your hearing disability, it is important to act promptly. California has time limits (statutes of limitations) for bringing wrongful termination and discrimination claims. Here are the legal steps you should consider:
- Document Everything: Keep records of conversations, emails, written requests for accommodations, and termination notices.
- File a Complaint: You may file a complaint with the California Civil Rights Department (CRD, formerly DFEH) or the federal Equal Employment Opportunity Commission (EEOC).
- Initiate a Lawsuit: After filing with the appropriate agency and receiving a Notice of Right to Sue, you may proceed with a civil lawsuit in court for damages including lost wages, emotional distress, and legal fees.
Pursuing a claim can help you recover compensation and hold the employer accountable for violating your rights.
How a Lawyer Can Support Your Case
Hiring a lawyer with experience in disability discrimination can make a significant difference in the outcome of your case. An attorney can help you by:
- Evaluating whether discrimination occurred under FEHA or the ADA
- Filing administrative complaints with CRD or EEOC on time
- Communicating with your employer on your behalf
- Negotiating a settlement or taking your case to court
- Securing lost wages, emotional distress compensation, and reinstatement if appropriate
At Miracle Mile Law Group, we represent workers across California who have suffered from disability-based discrimination, including employees who are deaf or hard of hearing. If you believe your termination was unlawful, contact our team today for a confidential consultation. Learn more about your rights at our disability discrimination page.
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