IS MY HEARING LOSS A "DISABILITY"?

Anyone who knows someone, or has a hearing loss, knows that their hearing loss is very difficult to live with. But does hearing loss qualify as a "dissability"? I found this article to be very interesting!

"Numerous state and federal laws have been passed which seek to minimize the effects of disability bias and give people with disabilities equal opportunities. People with hearing loss have the right under these laws to be free from discrimination in employment, public accommodations, transportation, education, and communication. This article surveys rights under state and federal disability laws, especially the rights of employees with hearing impairments, and provides links to references and other resources.


"IS MY HEARING LOSS A "DISABILITY"?

"Your rights under disability laws depend on whether your hearing loss is considered a legal "disability." Various laws use different definitions of disability, but the most common legal definition is the one used by the Americans with Disabilities Act (ADA). A hearing impairment is considered a disability under the ADA if:

"1) it substantially limits a major life activity; Example: Hearing is a major life activity.

"2) it substantially limited a major life activity in the past; Example: Your hearing used to be substantially impaired but is now improved due to surgery or an assistive device.

"3) you are regarded (or treated) as if your hearing impairment was substantially limiting.

"Example: You use an assistive device that improves your hearing so that you are no longer substantially limited in a major life activity, but you are nonetheless treated differently because your employer believes you to be substantially limited.


"This determination is made on a case-by-case basis. It's important to note that if you use "mitigating devices", such as hearing aids, cochlear implants, or other equipment that improves your ability to hear, these must be considered in determining whether you have a disability under the ADA. However, strategies that compensate for hearing loss, such as lip-reading or sign language, are not considered mitigating measures. This may change if the proposed ADA Restoration Act (HR3195) is passed. Then mitigating situations may not be considered. It is important that people with disabilities lobby for this or a similar restoration of the original intent of the ADA. State and local laws and other federal laws may use a different definition of disability, but the ADA's definition is helpful to identify the factors necessary to determine if you are considered to have a disability under the law."


~ Article written by Sam Diehl, J.D. - Attorney, Gray Plant Mooty, Minneapolis, MN

View this article in it's originality and entirety @ http://www.betterhearing.org/hearing_solutions/legal_rights.cfm


If you think you have a hearing loss, or know someone who does, give me a call @ (877) HEAR-CLR for a FREE HEARING TEST, and lets get you/them fixed up (most times within 24 hours)!