Dive Brief:
- Pearson Education will pay $150,000 to settle claims that it failed to accommodate visually impaired employees in part by requiring use of benefits, leave and training platforms that were not fully accessible, the U.S. Equal Employment Opportunity Commission announced in an Aug. 21 press release.
- EEOC filed a lawsuit against Pearson in 2025, alleging violations of the Americans with Disabilities Act. Per the complaint, vendor-provided platforms were incompatible with screen-reading software and exhibited other technical issues. This effectively meant that affected employees lacked equitable access to training and information on par with their non-visually impaired counterparts, EEOC claimed.
- According to a consent decree between the parties, Pearson agreed to implement measures such as engaging a web accessibility consultant and sending a notice to third-party vendors instructing them to make modifications and improvements to their platforms.
Dive Insight:
The ADA stipulates that employers must provide reasonable accommodations that make it possible for employees with disabilities to enjoy equal terms, conditions, benefits and privileges of employment. EEOC has said in guidance that this list includes items like training.
One of the examples highlighted by the agency involves a blind employee who asks that a training course’s materials be made available in Braille. The company contracted to provide the training has an obligation under the ADA to offer auxiliary aids and services, EEOC wrote, but the employer is required to provide the employee with reasonable accommodation regardless of the contracted company’s failure to fulfill its ADA obligations.
In its guidance, the commission said employers and third parties may consider designating in relevant contracts which side is responsible for providing necessary accommodations so as to avoid confusion and ensure compliance.
“When an employer uses online systems for benefits, leave or training, accessibility cannot be an afterthought,” Kimberly Cruz, EEOC regional attorney, said in the press release. “Technology that shuts out employees with disabilities deprives them of equal opportunity both to succeed in the workplace and to access the benefits they have earned.”
Compatibility or accessibility issues may arise where employees attempt to use screen-reading technologies to operate employers’ proprietary software, according to the Job Accommodation Network. JAN noted that a computer technician who is familiar with screen readers may be able to write scripts that allow communication with a screen reader. An employer also might consider contacting the manufacturer of the software to determine whether a similar issue has been encountered in the past, or if the manufacturer has such scripts on hand, JAN said.
EEOC has filed similar lawsuits on behalf of visually impaired plaintiffs who sought accommodation in the form of a screen reader. One Florida employer agreed to pay $250,000 to settle such claims last year, in which EEOC claimed that the company did not take reasonable steps to accommodate a blind employee it had hired for a customer service role.