Being fired for hearing loss, is it discrimination?

I was diagnosed with sensoneural hearing loss about 5 years ago and just recently I am having a hard time at work. I am a nurse and it's getting harder for me to hear on the shift I am assigned. I was at work tonight and an IV pump was going off and I couldn't hear it so I was yelled at because I didn't respond, in all reality, I didn't hear it. I told the other nurse that I cant hear high pitch sounds in a hallway filled with chatter and people talking and she said snarlingly to get a hearing aid, I would love to do that if it would help but the type of hearing loss I have is permanent and no hearing aid will help. I am going to ask my supervisor to put me on the night shift when things are quiet and I can hear much better when there is no background noises, if they refuse or fire me, is it discrimination? I would think it is, especially when I am willing to work a different shift and I am fine with my hearing if there is no background noises? Any ideas or advice?

Kinsey

I think THINK it's discrimination. If you have a sensorineural hearing loss you need to find out if you fall under the ADA guidlines. I would check it out for sure. That is why things like IDEA and ADA were created. And it's not like they can ask you to get a Cochlear Implant or something as that is a major surgery and not even guaranteed to help significantly, also the amount of time of therapy you must go through to relearn to listen again would be about the same as not having a job.

MSAD

If your hearing loss prevents you from doing your job properly....I would think that hearing medical equipment go off is a major part of your job...then your employer would probably be with in their rights to let you go.

The liability to the hospital is huge. If you can't hear a piece of equipment go off and a patient dies or suffers permanent damage the hospital would be sued for millions.

Airline pilots are perfectly willing to fly planes but when their vision starts to fail.....they are no longer allowed to fly air planes and have to find something else to do. Next time you board a plane....do you want it to be flown by a pilot whose vision is fine as long as it's sunny out side? So his employer accommodated him (since he's still willing to fly planes) and schedules him to fly only on days the weather is projected to be sunny. Would you want to board this plan? I know I would not. Sure the weather man said it was supposed to be sunny...but unexpected storms happen. Not very safe. Your situation is no different.

It's probably time to consider leaving the hospital and finding a job in a doctors office or somewhere else where your hearing loss is not an issue. It does not sound like the hospital environment is the best place for your skills anymore.

Joe S

My guess would be no. I don't know those laws though. But here is how I see it:

You no longer have the ability to properly perform your tasks or be relied on as a nurse. Even working on a "quieter" shift might be an option because there could always be an instance where there is some background noise.

If you already screwed up by not hearing an IV pump, I think you are showing you can't properly perform your duties.

Judy

If the transfer to the other shift would really solve the problem, it would likely be considered a reasonable accommodation if a position is available on that shift, although not if they have to force someone else from that shift who doesn't want to switch. But in reality, even though night shift is a lot quieter, there's still noise in a hospital even at night, and a chance that a patient could be endangered by your not being able to hear - the hospital can't guarantee no background noise, even at night. So it doesn't sound like your request would legally have to be honored, You could try though, and see how it goes.

Good luck.

Aly "geordie-coach"

Are you in the UK?

If so you will be covered by the Disability Discrimination Act, which in a nutshell states that employers must make reasonable adjustments to accomodate your needs.

Generally employers would obtain a medical report to determine your situation and it may make recommendations as to adjustments which could be made.

A reasonable adjustment may be to place you in a department where you will not experience so much noise or in a role which is less customer facing.

for you colleague to be shouting at you is not just unproffessional it could discriminatory, check your dignity at work policy, you may wish to consider an informal grievance

good luck

mayor of Awesometown

Unfortunately it is not safe for you to perform your duties. Perhaps there is something you can do such as filing paperwork. It's not discrimination. I am very sorry but I am sure with lot's of experience you can move somewhere.

Captain Answer

I advise that you talk to your manager again about doing the night shift. But in all actuallity, if no spots are open for the night shift then they have the right to fire you. It woulndt be discrimination becuase your hearing loss affects your work, which in turn affects the well being of patients and such, which affects the hospitals reputation and income. Sorry, just try and talk to your manager about doing the night shift.

Sorry about your hearing, and Good Luck!

Gueswho!

lisalynn

I was fired today from a job I loved. I started 1/24/2011, I worked front desk and scheduled patients and appointments and answered phones. since I have been there the patient base for this chiropractor has increased 11%. (I was in sales for 15 years)His reason was because of my hearing loss his staff could not deal with it. He had told his staff after my first week to work with my disability and 2 of his employees became very disgruntle. The patients said they all missed my smile after 4 days I was gone after a car accident. Is this legal? I loved my job. I did over hear one employee say. it was me or her that had to go.

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