Technological developments that can assist employees who are deaf or hard of hearing are “as dynamic an area as any that’s being touched on by AI,” according to Robert Hinckley Jr., an attorney with Buchalter in Denver, Los Angeles, and Orange County, Calif. “We’re in infancy with a lot of this technology.”
The advancements have “a lot of really groundbreaking potential,” but also some potential pitfalls, Hinckley said. Here’s what HR professionals should know about evolving best practices for accommodating employees who are deaf or hard of hearing.
Accommodations Options Grow
Some accommodation principles are established and provide a foundation for HR professionals responding to new technology.
Laws such as the Americans with Disabilities Act, the Rehabilitation Act of 1973, and myriad state-level fair employment statutes have long required that covered employers provide reasonable accommodations for qualified job candidates and employees with disabilities.
Common reasonable accommodations for workers who are hard of hearing are instant messaging, visual alerts for audible alarms and messages, and modifications to reduce ambient noise levels, according to the National Association of the Deaf.
Assistive listening systems and real-time captioning systems also can be useful. But in the past, technological limitations meant that speech-to-text transcription was “pretty limited,” according to Shireen Meshkati, assistant general counsel and human resources consultant at Engage PEO in Los Angeles.
Granted, some situations may, despite technological advances, require an interpreter. That said, older speech-to-text products “didn’t have this real-time captioning element we’re seeing now,” she added.
Today, software tools — many of which are powered by AI — can provide live speech-to-text captioning. In addition, AI-assisted hearing aids also can be used during business meetings or conferences, digital or live.
New technology “can even do sensory translation, like capturing the tone of the words being spoken,” Hinckley said.
Involve Workers in Accommodation Process
So, how do employees and employers start the “interactive process” to identify a reasonable accommodation, including possibly AI-powered software? While an employee might initiate it, if the worker has not requested a modification but the need for one is self-apparent, the employer should ask, “how can I help you?”
After an accommodation has been selected, for technology providing captioning in the workplace, “it’s incredibly important to have employees work to test these in controlled settings,” Meshkati explained. “Is it accurate? Is it capturing everything we need it to?”
At this point, an employer may have multiple options, Hinckley said. The process of doing due diligence internally to figure out which products are best suited for your employees sometimes takes time and effort, he noted.
After AI tools have been purchased, schedule 30- and 60-day check-ins to evaluate their performance and let employees know they can come to their manager or HR sooner, Meshkati suggested.
Ask users basic questions like, “Do you feel more included? Are meetings easier to follow? Do you feel like communication has improved?” she recommended.
Avoid Legal Risks
While some new technologies help significantly, Hinckley cautioned that employers should adopt processes that limit legal risks.
AI can create hallucinations. When made by captioning programs, these errors can create gaps in conversations, disadvantage workers who are hard of hearing, and increase the chance of litigation. That’s why employers should work carefully to vet vendors and their offerings, Hinckley said.
Taylor Telford is a freelance writer in Washington, D.C.
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