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The landscape of work is changing, but that doesn’t mean the Americans With Disabilities Act (ADA) can be thrown out when it comes to accommodating disabilities. The EEOC settled a lawsuit with San Diego based Cloudbeds over terminating a well-qualified candidate who is deaf. Cloudbeds will pay the aggrieved employee $150,000 and follow up with training for managers and human resources. In addition, Cloudbeds will provide equal employment opportunities and accommodations for the deaf and hard of hearing applicants.
Remote work doesn’t justify failing to accommodate under the ADA
In 2022, Peter St. John applied to work at a Cloudbeds in a remote position for which he was qualified for. Cloudbeds, a hospitality management software system that offers remote positions around the world, moved his candidacy to the interview stage. St. John asked for an accommodation because he uses American Sign Language (ASL) to communicate. Cloudbeds would not accommodate St. John. They terminated his candidacy, believing that verbal communication and hearing were job requirements for the remote position. The EEOC alleges that these activities violated the ADA. Under the ADA, employers are prohibited from discriminating against qualified applicants due to a disability.
Lawsuit filed and settled
After attempting to reach a pre-litigation settlement with Cloudbeds, the EEOC filed a lawsuit in the U.S. District Court for the District of Massachusetts. EEOC Regional Attorney Jeffrey Burstein says, “The protections of the ADA apply with equal force to in-person and remote workplaces and their hiring processes.” This lawsuit is a reminder to offer equal employment opportunities, regardless of where your team will be working.
Cloudbeds already updated its website to include terminology to be more accommodating toward deaf and hard of hearing applicants. The Society for Human Resources Management (SHRM) offers guidance on accommodating deaf and hard of hearing workers under the ADA. There are many new technologies that help those with hearing disabilities be safe and perform a job that might have been previously more difficult. Know what constitutes reasonable accommodations and what you, as an employer, can legally ask disabled applicants to find a solution.
