| WHAT
IS THE ADA? The
Americans with Disabilities Act (ADA) is a law that prohibits discrimination
against people with disabilities, including deaf and hearing impaired
people. There are four sections in the law: employment, government,
public accommodations, and telecommunications. Each section of the
ADA lists services that should be provided for deaf individuals.
The ADA adds more protection for handicapped persons to the Rehabilitation
Act of 1973.
This
brochure includes some basic information on your rights under the
ADA as a deaf or hearing impaired person. There are five areas covered
in this brochure:
- Public
Accommodations, Stores, Businesses
- Medical
Treatment
- Employment
- State
and Local Government, Courts, Attorneys
- Telecommunications
In
each area, there are other rules that may apply to your situation.
MADHS can provide more information or answer your questions.
In
general, the ADA expects agencies, businesses, service providers,
and employers to remove barriers that prevent a deaf person from
participating. Some of the rules are being added gradually, so organizations
can have time to make the changes.
The
law does allow for some exceptions, when the changes that would
be needed would cost too much. If an agency or business cannot make
all the changes, the law says they must try to do as much as possible
to become accessible for deaf and hearing impaired persons.
The
law also says you need to tell agencies and businesses what you
need to communicate. Notes, interpreters, and telecommunication
devices for the deaf (TDDs) are all ways to communicate, but you
need to let providers know what you are comfortable using.
TELECOMMUNICATIONS
In
Michigan the phone company has already provided a way for you to
use the phone system with TDDs for local and long distance calls.
You will call a trained telephone relay representative who reads
what the TDD user types and types what the voice telephone user
speaks.
The
Michigan Relay Center (MRC) is open 24 hours a day. The representative
must say the exact words you type and must tell you exactly what
the other person has said. All telephone relay calls are confidential.
The representative can't tell anyone else what you have said. The
phone company cannot charge more for TDD calls.
STATE
AND LOCAL GOVERNMENT, COURTS, ATTORNEYS
State
and Local government includes a long list of agencies and services
in addition to government offices and courts. Some of these are
social service agencies, jails, police/fire, school systems, public
swimming pools, municipal golf courses, civic arenas, lottery bureaus,
or zoos. Deaf persons should be able to participate in these services.
Government
agencies may need to provide a qualified interpreter when requested
by the deaf consumer. It is your responsibility, as a consumer,
to ask for an interpreter before the appointment. You are not responsible
for the interpreter's bill. The agency must pay the fees. Assistive
listening devices may also be used when you request them and when
appropriate.
If
you need to go to court, you must call the court and ask for an
interpreter who is certified. The cost of the interpreter cannot
be added to any court costs. Family members and friends should not
act as interpreter for you. They will not be paid by the court.
You should also ask for a certified interpreter to work with you
and your lawyer.
A deaf
person should not be excused from jury duty just because they are
deaf. The court will provide an interpreter or assistive listening
device at no cost.
PUBLIC
ACCOMODATIONS
Stores,
Businesses, hotels, theaters, restaurants, retail stores, banks,
museums, parks, libraries, and private schools should all provide
auxiliary aids and services for communicating with deaf people.
Sometimes, written notes are enough to communicate information.
At other times, an assistive listening device, TDD, or an interpreter
is needed.
Public
accommodations or businesses like hotels must provide TDDs when
phones are available for the general public. At least one TDD should
be installed in shopping malls, hospital waiting rooms, stadiums,
convention centers, airports, or any building with more than four
pay telephones.
Movie
theaters do not have to provide captioned films, but other places
that present information on film or TV should either caption the
presentation or provide an interpreter. Aids for deaf and hearing
impaired should be provided for presentations at conventions or
performances at a hotel.
MEDICAL
TREATMENT
Hospitals
that receive money from the U.S. government must provide equal services
to deaf persons. Hospitals must be sure deaf persons can communicate
with doctors and nurses. As a deaf person, you should choose the
kind of communication you prefer: sign/oral interpreter, written
notes, lip reading, assistive listening devices, or a combination.
When
important communication is needed, the ADA says the hospital must
provide a qualified interpreter. Important communication includes
discussions about your sickness and what kinds of treatment are
needed or available. It also includes registering at the hospital
or anytime you are asked to fill out papers, providing medical information
or when you are discharged. If you cannot understand the interpreter
provided by the hospital, ask for a different interpreter. The hospital
cannot charge you for the interpreter. The hospital may not have
an interpreter on staff. If possible, try to make an appointment
so the hospital can arrange for an interpreter to be there.
You
may not always need an interpreter at a hospital. In many routine
situations, such as having your temperature and/or blood pressure
taken, taking medication, or ordering meals, written communication
can be used. If you need to stay in the hospital and have a television
in your room, the hospital must provide a decoding device for closed
caption viewing. The hospital must also provide you with a TDD.
Classes
given to the general public must also be open for deaf persons to
attend. When you register for the class, let the hospital know you
are deaf and tell them you need an interpreter, so an interpreter
will be available for the class.
Private
practice doctors are also required to follow the ADA laws. Communication
is just as important at the doctor's office as it is at the hospital.
Ask for an interpreter or assistive listening device. The doctor's
office should provide this at no charge.
EMPLOYMENT
The
ADA says employers cannot discriminate in the job application process,
hiring, firing, salary/pay, promotion, or any other benefit of being
an employee. This means a qualified interpreter should be available
for a job interview. If a verbal test is part of the job application
process, the employer should provide an appropriate written test
for a deaf applicant.
The
deaf person should be able to do the most important parts of the
job without assistance. Employers should change a job whenever possible
to allow a deaf or hearing impaired person the opportunity to do
the job. If answering the phone is one small part of the job and
you can do the other parts of the job by yourself, your employer
should assign the phone duties to someone else.
The
ADA covers employers with more than 25 employees. After July 26,
1994 the ADA will cover employers with 15 or more employees.
FILING
COMPLAINTS
If
you have been discriminated against by your employer, file complaints
with the U.S. Equal Employment Opportunity Commission within 180
days. (202) 663-4900 (Voice); (800) 800-3302 (TDD)
You
can also call the Michigan Department of Labor. (517) 373-0378 (V/TDD)
If
you have been denied services you should receive, file complaints
with the Civil Rights Division, U.S. Department of Justice. (202)
514-0301 (Voice); (202) 514-0381 (TDD)
If
you are not sure about a complaint, call MADHS for information.
(800) YOUR-EAR (V/TDD)
This
document provided courtesty MADHS
What
can MADHS do to help?
MADHS works across the state as an advocate for deaf, hearing impaired,
and speech impaired persons. We provide information to any business
or organization that works with, or provides services for the deaf
and hearing impaired. MADHS also provides services, information,
and referrals to families and individuals who need special assistance.
We
can provide:
- loaner
telephone and telecommunications equipment including Telecommunication
Devices for the Deaf (TDDs), Closed Captioning Decoders, or FM
Loop Systems
- TDDs
for qualifying persons
- interpreter
services, including statewide interpreter referral
- seminars
and workshops for deaf and hearing impaired persons
- information
and training for individuals and busi nesses working with deaf
and hearing impaired persons
We
are here to assist you. Call or write:
Michigan
Association for Deaf, Hearing, and Speech Services
724 Abbott Road
East Lansing, Michigan 48823
USA
(517)
377-1646 V -(800) YOUR EAR V/TDD
(517) 337-1649 TDD-FAX (517) 337-4060
AN
ADA TEST FOR YOU
Have
pen and paper ready.
Source:
From the New York Times Sunday August, 7, 1994, Business Section,
p.F19.
Proper
or Improper questions?
- 1.
Can you perform the functions of this job with or without reasonable
accommodation?
- 2.
Do you have AIDS? Do you have asthma?
- 3.
How did you become disabled?
- 4.
Do you have a cold? Have you ever tried Tylenol for fever? How
did you break your leg?
- 5.
Have you ever filed for workers' compensation? Have you ever been
injured on the job?
- 6.
How often did you use illegal drugs in the past?
- 7.
Can you meet the attendance requirements of this job? How many
days did you take leave last year?
- 8.
Do you illegally use drugs? Have you used illegal drugs in the
last two years?
- 9.
Have you ever been addicted to drugs?
- 10.
How much alcohol do you drink each week? Have you ever been treated
for alcohol problems?
- 11.
Have you ever been treated for mental health problems?
- 12.
Do you drink alcohol?
- 13.
How much do you weigh? How tall are you? Do you regularly eat
three meals a day?
- 14.
Have you ever taken AZT? What prescription drugs are you currently
taking?
Proper
questions employers may ask:
1,4,7,8,12,13
Improper
questions employers may not ask and are illegal:
2,3,5,6,9,10,11,14
Any
complains? Call or write to Peggy Mastroianni, Director of the Equal
Opportunity Employment Commission's ADA Policy Division.
(Contributed
by Michael Yared 52yared@cua.edu
at 10 Aug 1994)
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