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My employer requires me to get an annual hearing test. The…

Customer Question
My employer requires me...

My employer requires me to get an annual hearing test. The test is conducted in a small trailer adapted to accommodate test 6 people at one time. I wear hearing aids. The experience is humiliating. Attention is drawn to my disability and after the test the results are announced for all to hear - "You failed". I told them I do not want to participate in the test because I already know I am hearing impaired, see my own doctor and it is a humiliating experience. I was informed that I could be disciplined if I do not participate in the test. This is my 3rd, embarrassing year doing this test.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Oregon, and My employer is a public employer; the Portland Police Department

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Union, full time for 19 years

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just that I am really angry at being threatened with discipline

Submitted: 11 months ago.Category: Employment Law
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Answered in 4 minutes by:
9/21/2017
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 11 months ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,632
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

Unfortunately, they can discipline you. In this instance, it can't be called discriminatory because everyone has to take the test, disabled or not. Now, you can certainly argue that their stating the test results in front of others is a violation of privacy. Then they would have to consider changing how the results are announced and I think that makes sense. You can state that the announcement of the results is a form of discrimination.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Customer reply replied 11 months ago
I don't suppose some form of ADA accommodation is appropriate which would allow me to submit the test results from my own audiologist? After all, they wouldn't make a blind man try to read an eye chart.
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 11 months ago

You could certainly make that request as a reasonable accommodation, but that's not really what a reasonable accommodation is.

RA has to do with your actual work itself and not other areas of the job administratively. You could make the request and then if they deny it, it feeds into your argument that having to have the results revealed in front of everyone is a form of harassment that they don't have to put you through.

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Employment Lawyer: Allen M., Esq., Employment Lawyer replied 11 months ago

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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