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Accommodating applicants who need interpreters for interviews

April 2023 employment law letter
Authors: 
Anthony Caldera, Steptoe & Johnson PLLC

Q: Are we required to provide American Sign Language (ASL) or English-language interpreters for candidates in job interviews? If so, who pays?

Yes, the Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations to people with disabilities, even for job interviews.

When applicants identify themselves as deaf or hard of hearing and request an accommodation, employers should comply and ask applicants’ preferred method of communication because they may prefer an interpreter, text-based communication, or assistive technology.

If an applicant hasn’t requested an accommodation but the employer reasonably believes the applicant may need assistance based on previous interactions, the employer may ask whether any accommodation is needed in the interview process. If the answer is “yes,” it may ask about the nature of the accommodation. Employers shouldn’t assume, however, that applicants need an accommodation or are incapable of interviewing without assistance just because they’re deaf or hard of hearing. When in doubt, seek legal guidance.

If applicants need an accommodation and more than one meets their needs, the employer may choosethe accommodation that is less costly or easier to provide.Also, employers are responsible for paying for the accommodation unless there’s an undue hardship, meaning the accommodation would be significantly difficult or expensive when considering factors such as an employer’s size, financial resources, and the nature and structure of its operation.

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