EEOC issues guidance on visual disabilities under the ADA

Guide dogs, assistive technology such as text-to-speech software, and braille or large print are among the reasonable accommodations employees with visual impairments may need, the U.S. Equal Employment Opportunity Commission said in guidance on complying with the Americans with Disabilities Act issued Wednesday.

The guidance says the ADA does not require applicants to disclose they have any type of vision impairment or disability unless they are seeking a reasonable accommodation to assist with some aspect of the application process, such as a larger font or braille on the written application.

Employers cannot generally ask questions about obvious vision impairment. However, if an employer “reasonably believes” the applicant will need accommodation to perform the job, it may ask if one is needed, and if so, what type.

The example provided by the guidance is an applicant who uses a white cane to navigate when entering a room for a job interview.

The guidance says employers can ask certain questions during the “post-offer period,” when an applicant discloses a visual disability after receiving a conditional job offer, but before starting work.

These include how long the applicant has had the vision impairment; what, if any, vision the applicant has; the applicant’s specific visual limitations and what reasonable accommodations may be needed to perform the job.

About 18.4% of all U.S. adults have at least some difficulty with vision, even when wearing corrective lenses, the EEOC said, citing 2022 data from the U.S. Centers for Disease Control and Prevention.