Understanding the Legal Definition of Deafness: What Percentage of Hearing Loss Qualifies?

Understanding the legal definition of deafness can be a complex task, as it varies from one jurisdiction to another and is often based on a percentage of hearing loss. The question “What percentage of hearing loss is considered legally deaf?” is a common one, and the answer can have significant implications for individuals who are hard of hearing. This article will delve into the legal definitions of deafness, the percentage of hearing loss that qualifies, and the implications of these definitions.

Legal Definition of Deafness

The legal definition of deafness varies by country and even by state within countries. In general, however, legal deafness is often defined as a significant and permanent loss of hearing in both ears. This is typically measured using a pure tone average (PTA), which calculates the average hearing loss at different frequencies.

Percentage of Hearing Loss That Qualifies

In the United States, the Americans with Disabilities Act (ADA) does not specify a particular percentage of hearing loss to qualify as legally deaf. Instead, it defines a person with a disability as someone who has a physical or mental impairment that substantially limits one or more major life activities, including hearing.

However, for practical purposes, many entities consider a person to be deaf if they have a hearing loss of 90 decibels or more in the better ear, which is roughly equivalent to 90% hearing loss. This is not a legal definition, but it is often used in educational and clinical settings.

Implications of the Legal Definition

The legal definition of deafness can have significant implications for individuals who are hard of hearing. It can affect their eligibility for certain benefits and protections under the law, such as reasonable accommodations in the workplace or at school under the ADA.

It can also affect their access to certain services and resources, such as sign language interpreters or assistive listening devices. Therefore, understanding the legal definition of deafness and the percentage of hearing loss that qualifies is crucial for individuals who are hard of hearing and their advocates.

Conclusion

While the legal definition of deafness and the percentage of hearing loss that qualifies can be complex and vary by jurisdiction, it is generally based on a significant and permanent loss of hearing. Understanding this definition and its implications can help individuals who are hard of hearing to advocate for their rights and access the services and resources they need.