Imagine losing your job simply for trying to perform your work duties without unnecessary barriers. Hans Khols, a Deaf technician at Tesla’s Austin Gigafactory, says it happened after he asked for reasonable accommodation. Extreme heat in his work area damaged his hearing aids, making it impossible for him to hear. Kohls requested a transfer to a safer department, a simple, lawful request under the Americans with Disabilities Act of 1990. Instead, Tesla ended his employment without warning.

The consequences were devasting. Kohls and his pregnant wife lost health insurance, and the sudden termination caused severe emotional distress. What should have been routine accommodation turned into a life-changing setback. Now, Mr. Kohls is taking legal action against Tesla.

Why are Hearing Aids essential for Equity and Safety?
This story resonates deeply with me because as a Hard-of Hearing individual who relies on hearing aids, I understand how critical accommodations are. My name is Laniece Oliver, and I am the new Public Relations and Communications Associate at Center for Disability Rights. I was born and raised in Baltimore, MD and have relied on hearing aids throughout my life to communicate and stay connected with the “Hearing” world. Now because hearing aids are such a vital part of my daily life, I know the pain of how easily hearing aids are disregarded and why they matter so much to individuals in the Deaf and Hard-of-Hearing community. For Deaf and Hard-of-Hearing individuals, hearing aids are not just devices, they are a lifeline for us. They are not just for those that are Hard-of-Hearing, there are Deaf individuals that wear them as well to communicate, stay aware of their surroundings, and work safely. Without them, what most people would consider a normal environment can be isolating, confusing, and/or even dangerous for us.

Hearing aids are small electronic devices filled with a microphone, amplifier, speaker, and battery. Hearing aids are designed to enhance hearing and improve speech comprehension of individuals with hearing loss and they can be extremely sensitive to temperature. Extreme heat can damage any electronic device and hearing aids are not exempt. When exposed to prominent levels of heat, can cause batteries to drain quickly, Disturbs sound quality, moisture build up from sweating, or damage internal wiring. For someone who depends on hearing aids to perform everyday tasks, this can means losing access of communication altogether. Protecting this small device is crucial for individuals like us. Dr. Stacy Chambers from Bloomington- Normal Audiology, has said “Hearing aids are really designed for all-weather performance.” Although hearing aids are designed to manage a wide range of temperatures, the conditions at Tesla were far above the acceptable temperature.

The Legal Filling
According to court documents, Mr. Kohls who was a top tier employee that scored 95.7% in Tesla’s rigorous training program and has performed Equipment Technician duties successfully in multiple departments at Tesla’s Austin Gigafactory before being assigned to the Casting department. When interviewed by a member of the Casting department, Mr. Kohls’ hearing aids and disability were seen and acknowledged. Mr. Kohls was asked if he could work in a “hot environment,” Mr. Kohls responded affirmatively. Neither did the member or application show that Casting department’s extreme heat and humidity exceed far above standard industrial heat levels at approximately 1,220°F (about 660°C). Mr. Kohls could never have predicted that these conditions would cause malfunctions in his hearing aids. Mr. Kohls sent a reasonable accommodation request to HR, specifically requesting a transfer to a department with conditions that would not damage his hearing aids. In response to the accommodation request, Tesla requested Mr. Kohls to send medical documentation about his disability and limitations. An ADA specialist met with Mr. Kohls and informed him that Tesla could not to accommodate him and would end his employment citing “medical separation” and never explored any alternative options, prematurely ending the interactive process. Just nine days after his request was sent, he was terminated from his position.

Violation of ADA and Interactive Process
What makes this case even more troubling is that companies like Tesla often have ADA specialists and HR teams trained on compliance, yet the interactive process under ADA seemed to be dismissed and put on the back burner. Instead of exploring alternatives, Tesla simply cited “medical separation.” Why? There is a law designed to protect employees with disabilities and requires employers to collaborate with their employees to understand the limitations and find solutions. That law is the Americans with Disabilities Act of 1990 (ADA), and one of the core principles is the interactive process: a collaborative conversation between an employer and an employee with disability to identify and implement reasonable accommodations, to ensure employees can perform their jobs safely and effectively.

The interactive process under ADA involves a few key steps that employers must follow to ensure compliance and fairness.

• Recognize the accommodation request: The employee requests accommodation from their employer.
• Gather relevant information: The employer and employee go over the limitations caused by their disability and job performance. Medical documentation may also be requested to identify accommodation.
• Engage in a collaborative dialogue: Both will work together to identify potential reasonable accommodation. This can include work environment, schedule, job duties, or acquiring new equipment.
• Evaluate options and implement reasonable solutions: The employer chooses the best reasonable accommodation to implement.
• Monitor and review the accommodation: This process does not end after the implementation. The accommodation should be monitored or reviewed to ensure it is still effective for both the employee and employer.

Even when you take these steps into account, there are other things that are crucial as well. The entire process requires collaboration throughout with the employer responding promptly, avoiding unnecessary delays. Employers also need to take into consideration that the interactive process will be ongoing, and accommodation needs to be revisited if their employees’ medical condition or job duties change.

“Flexibility within a standard framework is critical,” said Denise Reed Lamoreaux, Director of Administration at Center for Disability Rights. “The end goal is an equitable experience for everyone. A successful determination is reached when there is open dialog amongst all participants including medical professionals, and an assurance that testing has been done to ensure prior to implementation. By engaging in a good faith interactive process, we can comply with legal requirements and foster an inclusive workplace.”

When there is a failure to engage in the interactive process, it violates the ADA. Mr. Kohls’s lawyer makes a great argument that Tesla violated ADA law by not accommodating his client. Mr. Kohls was very capable of doing his job well, as he had documented success in other departments like Vehicle Validation and Drive Unit.

The Hard Question
Tesla’s decision raises a hard question we all need to ask: Why would a company with global influence choose termination over simple accommodation? Although they have yet to release a statement on the matter, the decision to disregard not only human dignity but the core principles of the Americans with Disabilities Act (ADA) is appalling. Disabilities are often invisible, and outward appearances do not always tell the full story. Employers must recognize that access is not an option, it is a legal and frankly moral obligation. Global companies like Tesla need to commit to meaningful engagement in their interactive process to prevent situations like this from happening again.