Ventura County Charged with Discrimination Lawsuit after Refusing to Hire a Deaf Worker

September 3, 2009

Ventura County, California - The US Justice Department on Thursday filed a discrimination lawsuit against Ventura County for refusing to hire a qualified worker because of her disability.

The deaf applicant, whom the officials did not name, was applying for a children’s social service program. During the initial interview, she was given high ratings; however, the second time she was interviewed, a different staff asked her questions which are not job-related and focused on her disability. She was not hired.

Under the Americans with Disability Act (ADA), employers are prohibited to discriminate applicants and workers based on disability; they are also prohibited to make hiring decisions, task assignment, and other aspects of employment which are based on the employees’ disabilities.

ADA also requires employers to provide their disabled employers with “reasonable accommodations” such as wheelchair ramps, handrails, and other similar fixtures that will allow them to move around the vicinity, assignment to less physically demanding job, and schedule adjustment.

However, this law does not require employers to provide accommodations which may cause “undue” hardship to their business that will affect its production and the quality of services and goods.