Deaf and Hard of Hearing Fight to be Heard
The American Disabilities Act at 25
The American with Disabilities Act (ADA) was a groundbreaking piece of legislation passed in 1990 to establish a clear and comprehensive prohibition of discrimination on the basis of disability.
Like civil rights legislation before it (such as the Civil Rights Act of 1964), the ADA protects Americans with disabilities against discrimination as well as imposing accessibility requirements on public accommodations and in the workplace.
In 1999, the lawsuit Bates v. UPS was the first equal opportunity employment class action brought on behalf of Deaf and Hard of Hearing workers. Workers for UPS were discriminated against in the workplace, without proper communication channels to workplace information, safety measures, and opportunities for promotion. UPS paid $5.8 million to employees and implemented ADA-mandated compliance measures in UPS facilities nationwide.
Now, 17 years later after this landmark case, public and private entities continue to face criticism for refusing to comply with ADA standards. A growing movement of Deaf and Hard of Hearing activists has begun to fight back.
A Growing Deaf & Hard of Hearing Rights Movement
In a recent New York Times article (March 25, 2016), a group of New Yorkers have come together to fight the discrimination of public and private entities nationwide and in New York. The Times reports on a range of different instances of discrimination out of compliance of ADA mandates, such as a gym in Arizona that refused to provide sign-language interpretation for a potential gym member who was deaf. In another case, a deaf woman from Staten Island was arrested and denied the services of a sign-language interpreter while in custody. This particular case settled in her favor for $750,000, “the biggest payout of its kind” according to her lawyers at the Eisenberg & Baum Law Center for Deaf and Hard of Hearing.
In an interview with Eric Baum of the Law Center for Deaf and Hard of Hearing, he tells the Times, “What’s disturbing about all these lawsuits is that the ADA has been in effect for several decades” and that his firm “had litigated about 100 deaf discrimination cases, roughly half in the NY metropolitan area, many dealing with failure to provide interpreters.”
Perhaps the most shocking fact is that most violators of ADA’s federal legislation are public entities such as police departments, hospitals, schools, government agencies, and businesses. In the past five years, the Law Center as well as members of the Deaf and Hard of Hearing community have brought lawsuits against these entities in a strive toward changing these discriminatory practices.
Deaf and Hard of Hearing Services Required under the ADA
In the case of ADA legislation, knowledge is power. Here are a few services required of for deaf and hard of hearing people, according to the American Disabilities Act:
Telecommunications
You are entitled to telecommunication devices for the deaf (TDDs) as well as a service in which your phone conversations are transcribed so you may read them as you converse. Phone companies are not allowed to charge for the TDD service, nor are telephone representatives allowed to repeat your conversation.
State & Local Government Agencies
Government agencies must provide a qualified interpreter when requested by a person who is deaf or hard of hearing. Agencies include jails, police/fire departments, school systems, public swimming pools, zoos, and social service agencies. For jury duty, an interpreter or assistive listening device (ALD) will be provided.
Public Accommodations
The ADA requires spaces such as stores, businesses, hotels, theaters, restaurants, banks, museums, parks, libraries, and private schools to provide ALDs and services for communicating with deaf or hard of hearing people. At least one TDD phone must be installed in hotels, shopping malls, and the like. Movie theaters are required to provide ALDs.
Medical Treatment
Hospitals receive money from the US government to provide services to deaf and hard of hearing patients. Hospitals must provide a qualified interpreter for important conversations about care.
For more in-depth information, visit the ADA’s website.