by Today, on the thirty-third anniversary of the Americans with Disabilities Act (ADA) becoming law, the Equal Employment Opportunity Commission (EEOC) published a new guidance document, “Visual Disabilities in the Workplace and the Americans with Disabilities Act.” It details employer obligations to job applicants and employees with visual disabilities under the ADA.
The U.S. Centers for Disease Control and Prevention reported in 2022 that approximately 18.4% of all U.S. adults are blind or have at least some difficulty seeing, even with corrective lenses. The EEOC points out that under the ADA, these individuals should not be denied employment opportunities based on stereotypes or incorrect assumptions about what jobs they can do or that they may cause safety hazards. The technical guidance document is intended to help employers comply with ADA requirements.
Using many examples, the guidance addresses major areas of employer concern including:
- When an employer may ask an applicant or employee questions about visual impairment and how an employer should treat voluntary disclosures;
- What types of reasonable accommodations applicants or employees with visual disabilities may need;
- How an employer should handle safety concerns about applicants and employees with visual disabilities; and
- How an employer can ensure that no employee is harassed because of a visual disability.
Available technologies to effectively accommodate visually impaired individuals are highlighted, including many free and low-cost options. The EEOC also lists what employer policies, testing, or training may need to be modified to accommodate applicants and employees with visual impairments.
The document also cautions employers about using artificial intelligence (AI) and algorithms to make employment decisions impacting individuals with visual disabilities. The agency notes that employers have an obligation to consider reasonable accommodations for applicants or employees with visual disabilities in connection with the use of algorithms or artificial intelligence to support decision-making when accommodation requests are made.
The technical assistance guidance can be found on the EEOC website at https://www.eeoc.gov/laws/guidance/visual-disabilities-workplace-and-americans-disabilities-act.
