Updated Guidance for Visual Disability in NJ Workplaces

In a progressive move to foster inclusive workplaces, the U.S. Equal Employment Opportunity Commission (EEOC) issued updated guidance on July 26, 2023. The updated guidance for visual disability in NJ workplaces under the Americans with Disabilities Act (ADA) specifically addresses the needs and rights of job applicants and employees with visual disabilities in New Jersey. It covers a variety of topics, including permissible employer inquiries about vision impairment, reasonable accommodations, safety concerns, and prevention of harassment due to visual disability.

Understanding Vision Impairments under the ADA

Employers must navigate the sensitive terrain of addressing vision impairments in current employees with care and legal compliance. The EEOC's guidance empowers employers to make inquiries or require medical examinations only when there's a reasonable belief, based on objective evidence, that an employee’s vision impairment affects their ability to perform essential job functions or poses a direct workplace threat. Such evidence may include observable performance issues that can atttribute to the employee’s known vision impairment, or other symptoms indicative of a vision issue, such as difficulty focusing visually or reliable reports from family or coworkers.

Employer Inquiries: Before and After Employment Offers

- Before Employment Offer: Employers cannot ask applicants about vision impairments prior to a conditional job offer. There will be no questions about medical procedures, medications, or current conditions affecting vision. However, queries about the ability to perform essential job functions are allowed.

- After Employment Offer: Post-offer, employers may inquire about the applicant’s vision impairment, including specific visual limitations and needed accommodations. Employers cannot withdraw an offer based on vision impairment if the individual can perform essential job functions, with or without accommodation. If a safety risk is of suspect, an individual assessment can be conducted

Addressing Current Employee Vision Impairments

Employers must navigate the sensitive terrain of addressing vision impairments in current employees with care and legal compliance. This updated guidance for visual disability in NJ workplaces empowers employers to make inquiries or require medical examinations only when there's a reasonable belief. This must be based on objective evidence that an employee’s vision impairment affects their ability to perform essential job functions or poses a direct workplace threat. Such evidence may include observable performance issues that can attribute to the employee’s known vision impairment, or other symptoms indicative of a vision issue. An example of this would be difficulty focusing visually or reliable reports from family or coworkers.

Confidentiality and Privacy

Employers must maintain confidentiality regarding any medical information about an employee's vision impairment. Disclosure is permitted only to supervisors for accommodation purposes, first aid and safety personnel, compliance investigators, or for workers’ compensation and insurance claims. Importantly, information about an employee receiving an ADA accommodation should not be disclosed to coworkers.

Reasonable Accommodations: A Wide Spectrum

The EEOC's updated guidance for visual disability in NJ workplaces includes a comprehensive list of potential reasonable accommodations:

- Technological Aids: Screen readers, optical character recognition technology, smartphone apps with accessibility features, prescription safety goggles, and color identification technology.

- Policy Adjustments: Modifications in workplace etiquette, dress code, use of guide dogs, work schedule, remote work, and reassignment to a vacant position.

- Environmental Changes: Ambient light adjustments, installation of audible or tactile signs, and warning surfaces.

- Sighted Assistance: Virtual assistance, qualified readers, sighted guides, worksite visits by technology professionals, and braille labelers.

- Employers must also ensure access to workplace facilities, information, and participation in employer-sponsored activities.

David H. Kaplan Attorney at Law 

The EEOC's updated guidance in July 2023 marks a pivotal step towards ensuring that New Jersey workplaces are accommodating and inclusive for individuals with visual disabilities. Employers should actively implement these guidelines to create a supportive work environment. This proactive approach not only aligns with legal compliance but also promotes a culture of inclusivity and respect, vital for the modern workplace. For further assistance in understanding and applying these guidelines, employers can seek guidance from legal experts like David H. Kaplan Attorney at Law, whose expertise in employment law can help ensure compliance and foster an inclusive workplace culture. David Kaplan provides a free initial case consultation and is truly passionate about crafting strong, successful claims. For more information about Kaplan’s legal successes, areas of expertise, or to book your free consultation visit his website.