NAD Expresses Outrage at Discriminatory HR Practices

The National Association of the Deaf (NAD) sent a letter [2] to the Society for Human Resource Managers (SHRM) in response to discriminatory actions by human resource (HR) professionals on an ABC episode [3] “What Would You Do,” that aired on Friday, February 4th (the online version is not captioned and we urge ABC to ensure that this and all of its online programs are captioned in full). The episode followed two deaf women as they went into a Smart World Coffee location to apply for a job working in the kitchen. The managers told the women that they would not be hired because they were deaf. While the entire scenario was staged by actors, the reactions of three HR professionals who happened to witness the scenario were not.

These HR professionals witnessed the situation and advised the Smart World Coffee managers on how to discriminate against deaf and hard of hearing people without overtly violating the Americans with Disabilities Act (ADA). For example, one of the HR professionals explained to the manager that he should accept applications from everyone regardless of disability and that instead of telling deaf or hard of hearing applicants they would not be hired, advised that he should “just [not] call them back.”  Another HR/recruitment specialist told the manager to just write, “not a fit,” on the back of the applicant’s form, despite being qualified for the position. These repugnant actions of HR professionals are reflective of the pervasive employment discrimination experienced by deaf and hard of hearing individuals.

This conduct is a gross violation of the ADA. Title I of the ADA prohibits discrimination against any qualified individual with a disability on the basis of disability by any employer, employment agency, labor organization, or joint against individuals with disabilities.  42 U.S.C. § 12111(2); and 42 U.S.C. § 12112(a) and (b)(4).  Further, discrimination against a qualified individual with a disability on the basis of disability includes, among many others, “limiting, segregating, or classifying a job applicant or employee in a way that adversely affects the opportunities or status of such applicant or employee because of the disability of such applicant or employee[.]”  42 U.S.C. § 12112(b)(1).

The National Association of the Deaf (NAD) sent a letter to SHRM making them aware of this situation and encouraging training and awareness of anti-discrimination standards for the hiring and employing deaf and hard of hearing individuals among its members.

 “The discrimination that Americans witnessed on the ABC show, ‘What Would You Do,’ is illegal and is largely responsible for the high under- and un-employment rates among deaf and hard of hearing people,” said NAD President Bobbie Beth Scoggins. “SHRM carries an obligation to prevent the widespread practice of discrimination against deaf and hard of hearing people. We expect them to step up and do what is right.”