Facts | Ask | Action Item | Resources
ADA Restoration Act Updated 6-3-08 | Profile
–There are only about 200 speech-to-speech users in the United States? Why do you think this is? Let’s get a discussion going. I will post comments here if you email me at robin@4dwm.org. If you want your comments to be anonymous, tell me.
–That 2.6 million people 15 and older have some difficulty having their speech understood by others. Of this number, 610,000 were unable to have their speech understood at all.
And 2.7 million people 15 and older use a wheelchair. Another 9.1 million use an ambulatory aid such as a cane, crutches or walker.
Source: US Census Bureau
What do think about this amazing fact? To Discuss and/or react to this fact, post a comment, email robin@4dwm.org and I will post the discussion here.
– Anna Stubblefield talks about how the US eugenics movement produced distinctions between “pure” and “tainted” whites, which led to the sterilization of many white women classified as feebleminded. Click here to listen to this (after the news).
– About this article: ACCESS TO JUSTICE FOR PEOPLE WITH SEVERE COMMUNICATION IMPAIRMENT, by Joan Dwyer (Senior Member, Commonwealth Administrative Appeals Tribunal)
Abstract: People with a severe communication impairment, particularly those using facilitated communication, face difficulties in obtaining access to justice. Those difficulties are accentuated by the inexperience of courts and tribunals in conducting a hearing involving a person with a major communication impairment. The author explains the technique of facilitated communication and studies in detail all the Australian instances, and some international cases, where its use has been in issue before a court or tribunal. The article points to instances where a failure to disclose important relevant evidence or an inappropriate method of testing has led a court, tribunal or public office holder to find that a communication made by an individual using facilitation was not a valid communication. The author argues that those decisions were wrong and have deprived individuals of their basic rights. In contrast, the article considers one research project in Australia and two cases, one from the United States and the other from New Zealand, where the validity of communication first made with facilitation was supported by later corroborating evidence and was accepted by the courts. In conclusion the article suggests various measures to ensure that in Australia access to justice becomes a reality for persons with severe communication impairment.
Go to ACCESS TO JUSTICE FOR PEOPLE WITH SEVERE COMMUNICATION IMPAIRMENT
The following is not constitute legal advice. It is only one opinion on the issue.
Dear Radvocate:
I was just interviewed for a job and was probably the top candidate for the job. However, I was not hired. But this time, I have strong evidence that I was discriminated against due to my speech impairment. Any advice?
Signed,
Tired of SSDD
Dear Tired of SSDD:
Employment discrimination is still prevalent, and sometimes it is the reality for people with speech impairments. Most employment discrimination is never reported and employers never learn discrimination is illegal. Even with excellent evidence, it is still hard to prove discrimination. The good news is it is EASY to file a complaint (or what the government calls a “charge”) if you believe you have been discriminated against on the basis of your disability, as described by the Americans with Disabilities Act (ADA). The ADA only covers employers with fifteen or more employees, and you generally have to complain within 180 days of the discriminatory act (or within 300 days in some jurisdictions). The ADA for employment issues is enforced by the US Equal Employment Opportunity Commission (EEOC).
Where should you go to complain? It depends on where you live. Go to http://eeoc.gov/offices.html to find the closest office. You can also mail your complaint (after filling out an online pdf form at https://apps.eeoc.gov/eas/ ). The charge must include the complaining party’s name, address, and telephone number; the name, address, and telephone number of the respondent employer, employment agency, or union that is alleged to have discriminated and the number of employees (or union members), if known; a short description of the alleged violation (the event that caused the complaining party to believe that his or her rights were violated); and the date(s) of the alleged violation(s). Even if you can find an employment lawyer, you still need to file a charge with the EEOC or local affiliate. If you are able to find an attorney before you file, it may be better because some attorneys help their clients go through the process. But even if you have not yet found an attorney, you should not delay filing charges.
Filing a charge will trigger an investigation. What can you expect as a result? Filing a charge will not get you the job. The investigation may give you some evidence that you can use in a lawsuit. It is rare the EEOC takes a case for itself, but you can find your own attorney to file a lawsuit in court. At the very least the wrong-doer(s) will know that you feel discriminated against and may think about their actions next time.
Radvocate
Dear Radvocate:
I have a speech impairment, and I am applying for some jobs. Should I bring an interpreter with me to job interviews to make sure that I will be understood?Signed,
Eager To Work
Dear ETW:
It depends. If you expect to use an interpreter in the work setting, and if you are used to using an interpreter, then you certainly should. If you do, you should consider contacting the company’s human resources department, to formally request permission to bring your interpreter as “a reasonable accommodation.” (A reasonable accommodation is any kind of service, equipment, policy change, or anything else that allows you equal access to the job.) Since you will be bringing your own interpreter, at no cost to the company, they should approve your request for the accommodation. Or you may just want to surprise them and bring the interpreter with you. Either way, during the interview, the employer is allowed to ask you what reasonable accommodations you think you will need in order to do the job; so practice the answer to this question. They are NOT allowed to ask you about your disability or any medical questions. However, you can offer this information if you want to do so.
If you are not used to using an interpreter, using one during the interview would probably just be confusing for both you and the interviewer.
I always start off interviews by saying “I know I am hard to understand, but if you do not understand me, stop me and I will repeat. People tell me that after a little while, it gets easier to understand me.” Then I watch the interviewer’s body language and repeat my key points until I know I am understood.
There is no one approach that works for everyone. Find the approach that works for you, and keep practicing and adapting.
Good luck on your job search!
If you have a question for Radvocate, click here to send an email to Robin@4dwm.org.
ACTION ITEM: Tired of phones that don’t meet your needs?
Are you tired of phones and phone companies that do not meet your needs? Make a complaint to the FCC (Federal Communication Commission)!
Consumer Complaint Campaign: People with Disabilities Fed Up With Poorly Designed Phones
Over the past several months AAPD, and several other national disability organizations, have been assisting consumers with disabilities with their complaints about phones that are not accessible or usable. These complaints are from persons with vision loss, physical disabilities, hearing loss, and in several cases multiple disabilities. Several of the complaints involve aging boomers who expect the same usability they used to have when younger. Complaints range from lack of access to the information on the cell phone screen, such as not being able to navigate through the menus or being able to enter caller information from the keypad, lack of hearing aid compatibility, keypad buttons that are too small or keypads with no indicators, missing calls because the ring tone and vibrate function cannot be turned on simultaneously, customer service reps ignoring disability concerns, bills and product materials unavailable in alternate format, and other barriers to making and receiving calls like everyone else.
AAPD believes that most of these concerns are readily achievable and we remain puzzled why the services providers are not insisting on more usability from the device manufacturers, particularly as the product life cycle is short and many of our design needs help America ’s aging population. The Section 255 phone accessibility and usability law was passed in 1996. Yet, eleven years later, people with disabilities are putting up with clumsy workarounds and barriers to making and receiving phone calls that mean they are overpaying for their phone devices and services. It’s time to make sure the phone companies hear from you!
AAPD will continue to assist consumers with informal complaints involving cell and other phones. Please contact Jenifer Simpson, AAPD staffer, at aapdjenifer@aol.com if you have just such a concern. (Put “phone complaint” in the subject line for faster handling). Alternatively, you can file your complaint directly on the FCC website, using their online Form 2000 at https://esupport.fcc.gov/sform2000/formC!input.action. Be sure to press SUBMIT at bottom of form and wait for the FCC Acknowledgment Number, as that will be your official complaint number which you can use for any followup to the FCC.
More Information about this consumer campaign:
Source: AAPD
Speech-to-speech service phone numbers in the United States
http://www.fcc.gov/cgb/dro/sts.html
International Travel Opportunities for People with Disabilities
http://www.miusa.org/
Find Independent Living Centers in your Area
http://ncil.org/directory.html
List of Job Openings at Independent Living Centers Across the U.S.
http://ncil.org/job.html
Use to make relay (you type, someone else talks) phone calls online
http://www.i711.com/index.php?refid=myrelay
Quick and Simple Guide to Disability Laws in the United States
http://www.usdoj.gov/crt/ada/cguide.htm
Information on the International Convention on the Rights of People with Disabilities http://www.ipu.org/PDF/publications/disabilities-e.pdf (PDF Doc)
