Know Your Rights

Cited Resources:
National Association of the Deaf: www.NAD.org
Americans with Disabilities Act: www.ADA.gov

 Individuals with disabilities, including deaf or hard of hearing individuals, are frequently subject to injustice.  Therefore, deaf and hard of hearing people must learn to be effective self-advocates.  Why is self-advocacy important when laws such as the Americans with Disabilities Act (ADA) and the Rehabilitation Act of 1973 were passed precisely to safeguard the rights of people with disabilities?  Not everyone obeys the law!  A deaf or hard of hearing person may be turned down when requesting a qualified sign language interpreter, CART services, or an assistive listening system from a college, a doctor’s office, or an employer.  It is important to be familiar with your rights under disability laws so you can explain the law, get help when necessary, and get the services you need.

  • Explain that you need a qualified interpreter, specify the type of interpreter, and provide information on where to find interpreter services. 
  • Make your request for reasonable accommodation as early as possible.  It often takes time to find a qualified interpreter, or other auxiliary aids or services.
  • If you have problems obtaining an accommodation, get as much information as you can in writing.  This documentation or proof can be very helpful if you have to file a complaint later.  Keep a simple record of the people you talked to, what occurred, and when it happened.
  • Do not assume that the place you are dealing with is familiar with its legal obligations or with people who are deaf or hard of hearing.  Sometimes discrimination is a result of their lack of knowledge.  Explain your legal rights and provide them with the necessary resources to educate themselves such as www.ADA.gov.
  • The best self-advocates are courteous and tactful. Tact involves choosing your battles wisely, educating, and persuading.  Be consistent and confident when self-advocating.
  • You may choose to compromise. However, compromise does not mean you should settle for less than you deserve.  You should not accept accommodations that do not work for you.  When you have done everything that is within your power, and there is nothing more you can do to obtain your rights to reasonable accommodation, it may be time to file a complaint or see a lawyer!

 

A successful self-advocate is informed – take the time to learn your rights.  The Internet is a valuable source of information. Learn more about your Employment Rights at the NAD and the EEOC websites.  The Web sites of government agencies such as the U.S. Department of Justice, the Equal Employment Opportunity Commission, and the U.S. Department of Education provide a wealth of information on the legal rights of individuals with disabilities.  Many states have one or more disability law centers that may be able to provide you with information.  The NAD website at www.nad.org has information on civil rights laws, such as the ADA, the Rehabilitation Act, Individual with Disabilities Education Act (IDEA), and more.  You may also contact the NAD Law and Advocacy Center to inquire about particular legal rights.


1.) To file a written complaint with the U.S. Department of Justice. Such a complaint should be a letter that contains the following information: (a) your name and address; (b) a statement that you have a hearing impairment and need a sign language interpreter to communicate effectively with others; (c) the name and address of the health care professional; (d) an explanation of what you did to try to get the professional to provide an interpreter; (e) an explanation of what you were going to discuss with the doctor (such as risks of surgery, risks and benefits of medications, etc.); (f) a statement that the professional refused to provide an interpreter; (g) the date on which the professional refused to provide the interpreter; (h) any other information that you believe would be helpful in understanding your complaint; (i) a statement that the professional violated the Americans With Disabilities Act; and (j) a request that the Department of Justice investigate your complaint. Although neither the ADA nor the regulations of the Department of Justice contain a deadline for filing a complaint, you should do so as soon as possible.

The letter should be sent to the following address:
U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue NW
Washington, DC. 20530

 

(2) File a written complaint with the Office for Civil Rights of the U.S. Department of Health and Human Services. This Office enforces a federal law called the Rehabilitation Act. Section 504 of that law prohibits recipients of federal financial assistance from discriminating on the basis of disability. Since many health care professionals receive federal financial assistance in the form of Medicare or Medicaid reimbursement, they are prohibited by Section 504 from discriminating on the basis of disability. There is a deadline for filing a complaint with the Office for Civil Rights of the U.S. Department of Health and Human Services. The complaint must be filed "not later than 180 days from the date of the alleged discrimination, unless the time for filing is extended by the responsible Department official or his designee." (Emphasis added.)

 

To file such a complaint, you can download a "Discrimination Complaint Form" from the Office for Civil Rights website at http://www.hhs.gov/ocr/civilrights/complaints/discrimhowtofile.pdf or click here now: "Discrimination Complaint Form"

(3) File a lawsuit against the health care professional. To file a lawsuit, you should contact an attorney. The deadline for filing a lawsuit claiming violations of the ADA and/or the Rehabilitation Act may be as short as one year or may be two years. Because the law is unclear on the deadline, the safest course of action is to file the lawsuit within one year of the doctor's refusal to provide an interpreter.

 

Here is some useful information we have come across:
ADA-How to File Your Discrimination Complaint with the U.S. Department of Justice:
http://www.hhs.gov/ocr/office/file/index.html

ADA-How to File a Discrimination Complaint with the Office for Civil Rights:
http://www.hhs.gov/ocr/discrimhowtofile.html

U.S. Department of Education Office for Civil Rights
http://www.ed.gov/about/offices/list/ocr/know.html

Doctor liable for not providing sign language interpreter
http://www.ama-assn.org/amednews/2009/01/05/prca0105.htm


The Clearinghouse on Disability Information Line serves as an information and referral source connecting people with disabilities and advocates of people with disabilities to the resources they need that will assist with their issues. Areas included but not limited are: Accessibility, ADA, Assistive Technology, Basic Needs, Benefits, Community Resources, Education, Employment, Health Care, Housing, Service Animals, State and Local Government Issues, Telecommunications, and Transportation. For more information or to speak to a disability specialist please call 1-877-ADA-4YOU or 1-877-232-4968.


www.advocacycenter.org The Advocacy Center for Persons with Disabilities, Inc., is a non-profit organization providing Protection and Advocacy services in the State of Florida.


www.DisabilityInfo.gov The federal government's one-stop Web site for people with disabilities, their families, employers, veterans and service members, workforce professionals and many others.


ADA Information Line: For general ADA information, answers to specific technical questions, free ADA materials, or information about filing a complaint, call: 800 - 514 - 0301 (Voice) 800 - 514 - 0383 (TTY) www.ada.gov
Deaf & Hard of Hearing Services of FL, Inc. www.deafhhsfla.org
Deaf & Hearing Connection of Tampa Bay www.dhctb.org