EEOC Issues New Guidance on Visual Disabilities in the Workplace

On July 26, 2023, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued new guidance on how the Americans with Disabilities Act (“ADA”) applies to job applicants and employees with vision impairments.

More specifically, the new EEOC guidance addresses the following topics:

• When an employer may ask an applicant or employee questions regarding their vision impairment and how an employer should treat such voluntary disclosures;
• What type of reasonable accommodation an applicant or employee with a visual impairment may need;
• How an employer should handle safety concerns concerning an applicant or employee with a visual impairment; and
• How an employer can ensure that no employee is harassed because of a visual impairment.

The recommended guidance follows the EEOC’s recent publication that contains a series of question-and-answers that address particular disabilities. The guidance is an excellent resource for employers in providing examples of common situations that may arise with employees and applicants with visual disabilities. For example, the newest release provides a non-exhaustive list of possible vision related accommodations, such as: assistance technology (such as text-to-speech software); accessible materials (such as braille or large print); modification of workplace/employer policies or procedures; testing; ambient adjustments (such as brighter office lights); or sight assistance or services (such as a qualified reader).

The EEOC guidelines are very complex and employers should consult with an attorney that is familiar with EEOC compliance guidelines.

About Us Oberman Law Firm represents clients in a wide range of practice areas, including private equity, M&A, healthcare, corporate transactions, intellectual property, data privacy and security, regulatory compliance and governance, cross-border transactions, labor and employment, construction law, litigation, private clients’ services, corporate restructuring, and white-collar and governmental disputes.

As a firm, we offer the highest quality legal advice coupled with extraordinary and tailored service to deliver exceptional results to our clients. Our philosophy is to invest deeply in the brightest legal talent and build dynamic teams that operate at the pinnacle of respective practice areas. We believe in empowering our attorneys, encouraging entrepreneurialism, operating ethically and with integrity, and collaborating to bring the very best to every client engagement. These principles have guided us in building extraordinary and successful long-term partnerships with our clients.