Comprehensive Study Guide: Legal Rights of Deaf and Hard of Hearing People

Communication with Deaf and Hard of Hearing People

• Demographics and Diversity: More than $48,000,000$ Americans identify as deaf or hard of hearing. Generalization is difficult due to varying hearing levels, communication methods, and age of onset.
• Common Communication Styles:
  • American Sign Language (ASL): A linguistically independent language from English with its own handshapes, movements, and grammar.
  • Signed English Systems: Examples include Signing Exact English (SEE) and Conceptually Accurate Signed English (CASE).
  • Spoken English: Some use speechreading (lipreading) or Cued Speech (handshapes representing English sounds) to communicate orally.
• Communication Barriers:
  • Speechreading Limitations: Only about $26\%$ of speech is typically understood under optimum conditions; many comprehend less than $5\%$. Ambiguity arises because sounds like $t, d, z, s, n$ look identical on the lips.
  • Note Writing: Often tedious and time-consuming. It may lack detail. Literacy levels among deaf individuals vary, mirroring the general population.
  • Environmental Factors: Lighting, glare, and background noise/movement significantly impact communication effectiveness.
• Auxiliary Aids and Services:
  • Sign Language Interpreters: Professionals who translate between English and signed languages. For legal purposes, a "qualified interpreter" must interpret "effectively, accurately, and impartially."
  • Certified Deaf Interpreters (CDI): Deaf professionals used when a client has limited language skills or uses a non-standard ASL dialect.
  • Video Remote Interpreting (VRI): Off-site interpreting via high-speed internet. Not recommended for weak connections, patients in pain, or complex multi-party communications.
  • Captioning: Includes Communication Access Real-time Translation (CART), C-Print, closed captioning, and open captioning.
  • Assistive Listening Systems: Includes Induction Loop, FM Broadcast (utilizing specific FCC-designated frequencies), and Infrared Light technology.

The Americans with Disabilities Act (ADA) of 1990

• Purpose: Landmark civil rights law extending equal access protections to employment, state/local government, public accommodations, and telecommunications.
• Definition of Disability:
  • A physical/mental impairment substantially limiting at least one major life activity.
  • A record of such impairment.
  • Being "regarded as" having such an impairment.
• ADA Amendments Act (ADAAA) of 2008: Explicitly rejected Supreme Court rulings (e.g., Sutton v. United Airlines) that considered mitigating measures like hearing aids. Post-2008, the determination of disability is made without considering the ameliorative effects of hearing aids or cochlear implants.
• Title I: Employment:
  • Covers employers with $15$ or more employees.
  • Requires "Reasonable Accommodations" unless they cause "Undue Hardship" (significant difficulty or expense).
• Title II: State and Local Government:
  • Applies to all "public entities" (schools, police, courts, etc.).
  • Mandates "Effective Communication" and Requires agencies to give "primary consideration" to the aid requested by the individual.
• Title III: Public Accommodations:
  • Covers private businesses (hotels, theaters, doctors' offices, etc.).
  • Prohibits surcharges for the cost of auxiliary aids.
  • Includes provisions for movie theaters, website accessibility, and stadiums.
• Title IV: Telecommunications:
  • Requires nationwide relay services and closed captioning for federally funded public service announcements.

The Rehabilitation Act of 1973

• Section 501: Prohibits discrimination in federal government employment.
• Section 503: Requires federal contractors (with contracts exceeding $10,000$) to take affirmative action to hire/promote people with disabilities.
• Section 504: Prohibits discrimination in any program receiving federal financial assistance.
  • Individual Rights: Grants the right to participate in and benefit from programs in a manner equal to and as effective as others.
  • Program Accessibility: Requires that services be functionally equivalent (e.g., providing an interpreter for a city meeting).
• Section 508: Mandates that federal agencies make electronic and information technology accessible to employees and the public.

Education Rights

• Individuals with Disabilities Education Act (IDEA):
  • Part C: Serves infants and toddlers (birth to age $2$) via the Individualized Family Service Plan (IFSP).
  • Part B: Serves children ages $3$ to $21$. Entitles students to a Free Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE).
  • Individualized Education Program (IEP): A written plan assessing disability, establishing goals, and listing required services.
• Deaf Child’s Bill of Rights (DCBR): State-level laws emphasizing direct communication, access to deaf adult role models, and linguistic development.

Health Care and Social Services

• Effective Communication in Hospitals: Federal law requires providers to prepare in advance to offer auxiliary aids. Use of family/friends as interpreters is generally prohibited because they lack professional vocabulary and impartiality.
• Mental Health: Specialized care is required to avoid misdiagnosis (e.g., mislabeling deafness as mental retardation). Landmark cases like Wyatt v. Stickney established a constitutional right to treatment rather than just custodial care.

Telecommunication and Video Media

• Relay Services: Enable deaf people to interact with voice telephone users. Types include TTY Relay, Video Relay Service (VRS), and Internet Protocol (IP) Relay.
• Television Decoder Circuitry Act of 1990: Required all televisions with screens $13$ inches or larger to have built-in caption decoder chips.
• 21st Century Communications and Video Accessibility Act (CVAA) of 2010: Expanded access to modern technologies, including IP-delivered video (streaming) that previously aired on TV with captions.
• Emergency Alerts: All broadcasters and cable operators must make local emergency information (weather flashes, disasters) visually accessible via captions or scrolls.