How to Prove It was Hearing Loss Not Slowness?
I used to work for [college] until they laid me off after [xx] years of working for them. I was laid off because the [big boss] that I worked for decided that he didn't want anyone being paid out of the general fund...I only had an [degree] which the department help pay for my education.Other than hiring a lawyer, is there anything this man can do to get his job back?I went immediately to the human resources office to get help with finding another job on campus. I was told I had to apply for all the jobs just like anyone who wasn't employed by the university. They didn't extend any credit or help with being put up front for a job. I finally got [another job] in the [department]. and had to serve a probation period.
I was hired into the university as a [job title] and was promoted 2 times into the job I got laid off from. The job I was hired into was a [job title]. This means I was really over qualified for this job.
So, I worked in this job for [x months] and the supervisor was having some concerns about the way I was troubleshooting the [equipment]. Instead of hearing the [equipment], I felt them for vibrations, heat, etc. He didn't believe I could do this.
As time went on some of my co-workers decided that they didn't want to work with me. The reason was because they thought I might be a safety problem. I have the best safety record in the dept. I am very careful.
Anyways, the supervisor was looking for a way to get rid of me. He waited until my probation period was up and he called me into his office and told me that I was dismissed from my job. He handed me a form that indicated why I was being fired. It said I was too slow and that I didn't do my job correctly.
I had worked for this dept. years ago, and one of the administrators knew I had a hearing impairment and he didn't really want me to come back. I think he was the one who got me fired. My co-workers who were supportive of me told me that they thought it was unfair and said they would testify on my behalf regarding this issue.
I have filed a discrimination suit with the State Civil Rights Commission. However, the representative for my case said I had to prove that the dismissal was in fact due to my hearing, rather than what the supervisor gave as the reason for my dismissal.
Comments
I, too, suffer from a hearing loss. About 50-60% in both ears. It is very bothersome and many times frustrating for other people when I constantly say “What”. I cannot imagine being fired over it. That person should sue sue sue….I would not stand for it.
Having seen some Deaf people in similar situations, my first reaction would be: why go back there, even if you win your job back? It may be a happier situation and a better fit if you moved on elsewhere.
Sue, yes, because the next Deaf person to be working there will be treated better. Lawsuits that are successfully settled become written up and published in legal newsletters and employers’ business publications, so word gets around that discrimination on hearing status isn’t cool.
However, these cases are very difficult to win when the circumstances are vauge and the paperwork is deliberately PC. The people who prove your case are your coworkers and past supervisors. If they are supportive and agree that you were discriminated against, go for it.
I don’t believe the allegations of “slowness” would hold up, primarily because they would have to be very specific, e.g., how. where, when, etc. If you are provided with specifics I am certain you could respond in kind with legitimate explanations related to your hearing loss. Moreover, your employer is responsible for providing you with accommodations for your hearing loss. They should, I believe, have asked you if you required accommodations to perform your job more efficiently, in their eyes, before moving for dismissal, knowing you were a qualified handicapped employee. Try the National Association for the Deaf for legal referrals. Also, if you qualify, perhaps you can obtain services from Legal Aid.
I have been involved in two law suits because of my work-acquired deafness and it has become extremely expensive. I’m not saying it’s not worth it, but I would try to get free advice first, which, I believe, should be provided by the legal arm, if there is one, of the ADA.
I also work for a university. If it is a state university, most likely there is a union that this person can go through. Work records from both places on campus would be reviewed to show if documentation of poor work habits existed. If there is no documentation, then the person cannot be let go. I also believe there may be some discrimination when the university did not give priority in job hiring as is customary to existing employees. Try the union before spending money on a lawyer, but without documentation in the employee’s files, the university has no case in my opinion.
if they dismiss you for slowness.. they would have to prove that when it comes to legally trying to prove why they fired you. i agree.. its worth it for anyone who works in those depts after you who may be in any way disabled. also sounds like they didnt try to find out what your hearing loss is and how it would affect doing your job.