In this instance, the employer may not withdraw the job offer simply because it believes Lydia’s hearing impairment makes it impossible for her to work in a high-noise environment. According to the EEOC, an employer may only withdraw a job offer made to an individual with a disability if it can demonstrate that the applicant is unable to perform the essential functions of the position with or without a reasonable accommodation or would pose a direct threat.

If an employer becomes aware of an applicant's hearing impairment after offering the applicant a job and reasonably believes that the impairment may affect her ability to perform the job's essential functions (i.e., fundamental job duties) or to perform them safely, the EEOC states that an employer may ask the applicant for information to determine whether she can perform the essential functions of the position with or without a reasonable accommodation and whether she would pose a "direct threat" (i.e., a significant risk of harm to herself or others that cannot be reduced through reasonable accommodation). In this case, the employer should determine whether Lydia’s hearing impairment would result in a direct threat, and may obtain information that is medically related to her hearing impairment to make that determination.

Also note that the Americans with Disabilities Act Amendments Act of 2008 (ADAAA), which became effective on January 1, 2009, made several significant changes to the Americans with Disabilities Act (ADA), including changes to the definition of the term "disability." The changes are designed to make it easier for an individual seeking protection under the ADA to establish that he or she has a disability within the meaning of the ADA. The EEOC will be evaluating the impact of these changes on its enforcement guidelines and other publications addressing the ADA.

Source: EEOC Guidance, “Questions and Answers about Deafness and Hearing Impairments in the Workplace and the ADA,” reported the CCH Employment Practices Guide, New Developments ¶5212.