Workplace Harassment

Harassment at the workplace is never acceptable. A workplace should be free from personal attacks. The hearing impaired is not immune to workplace harassment. Current estimates of individuals in the United States that are hearing impaired are at 31.5 million.

Harassment

Harassment, in general, is someone doing or saying something that make you feel uncomfortable. Harassment can be based on gender, race, disability, age, looks and other criteria. The hearing impaired can be made to feel uncomfortable in the workplace by various means. It can be the refusal of supervisor to provide interpreters, co-workers refusing to write notes, or hostility when trying to teach co-workers sign language. An attorney can best determine if a hearing impaired individual has been subjected to harassment.

Legal Rights

There are no federal laws specifically for harassment in the workplace. Rather, harassment at work is outlawed under the following Federal employment discrimination laws and regulations: Title VII of the Civil Right Act of 1964, Americans with Disabilities Act of 1990 (ADA) and Age Discrimination in Employment Act of 1967 (ADEA). Harassment of the hearing impaired is included under these laws and regulations. A person who is hearing impaired is considered to have a disability under ADA if the condition: 1) substantially limits a major life activity; 2) the condition did limit a past major life activity; or 3) an employer treated an individual as if the condition severely limited a person’s performance. The EEOC determines if there is reasonable cause to believe that discrimination did occur.

File a complaint with EEOC

Anyone affected by unwelcome discriminatory conduct can file a discrimination charge against a harasser directly through the U.S. Equal Employment Opportunity Commission (EEOC) or with the assistance of an attorney. The charge must be filed in person or by mail within 180 days of the alleged violation. EEOC then notifies the employer of the charge made by the hearing impaired employee and may request a response as well as information. Mediation by EEOC is sometimes done with the hearing impaired employee, his or her attorney and the employer.

In fact, filing a complaint through an attorney may be the best option because he can write it so that it is more compelling to EEOC’s legal staff. An attorney is better equipped to explain the violation in legal terms. If the issue is not resolved, EEOC may issue a “right to sue” which gives the party charging 90 days to have his or her attorney file a lawsuit. The attorney will advise his client every step of the legal proceedings.

Other Legal Options

There are other legal options for hearing impaired that are being subjected to harassment. If the harasser threatened the individual and the person feels that his or her safety, security or privacy has been jeopardized, there is recourse. Since most states have harassment laws, the hearing impaired, with the assistance of an attorney, can file a restraining order against the harasser. While it is not necessary to have an attorney to file for a restraining order, it is prudent so that the victim’s legal rights are being protected. An attorney also has experience in filling out the necessary forms so it may be a convenience for the victim to have his assistance.

Rights of Hearing Impaired Inmates

Inmates who are hearing impaired face considerable hurdles as far as their communication needs. It is difficult is normal situations for this segment of society to communication with others; it becomes even more problematic when in the restricted environment of a prison. This is due to a lack of knowledge of inmate rights and protocol by prison administration and prison attorneys when dealing with the hearing impaired. An attorney specializing in disability law may represent the state or the prison. This attorney can determine if the rights for inmates who are hearing impaired are being met. .

Guaranteed Rights

It is estimated that 30% to 40% of all inmates are hearing impaired. In addition, for 13% to 20% of that total, the hearing loss is significant. Hearing impaired inmates are guaranteed access rights under Section 504 of the Rehabilitation Act of 1973. Attorneys in disability law also know that Title II of Americans with Disabilities Act (ADA) also set forth these same rights in local and state facilities. The assistance of a legal representative of the state, such as an attorney, is sometimes required so that the inmate can receive the access that he is entitled to under these acts. A major quandary among prison officials and their attorneys is the funding of these services. While the services are mandated by ADA, the funding for this services are not provided for by the act.

Right to an Interpreter

The hearing impaired is allowed equal access as well as an interpreter. Inmates who are deaf are entitled to sign language interpreters for educational programs, religious activities, medical consultation, parole hearings, counseling and other services given at the prison. A disability attorney is able to ascertain that these rights are being met.

Access to Adequate Telecommunications Equipment

Hearing impaired inmates have the right to make telephone calls. A prison facility must provide a teletypewriter (TTY) or other effective telecommunications device. Additionally, the prison must allow adequate time for the hearing impaired to use the device. Many times prisons will have strict limits on telephone calls such as a limit of 15 minutes of phone usage. However, the facility may need to extend this time for a deaf or hard-of-hearing inmate using a TTY. An attorney specializing in disability law will be able to determine the issue of access and if it has been violated. Additionally equipment that may be provided, at the request of a disability attorney, can include any of the following items geared towards communication of a hearing impaired person: note takers, computer-aided transcription services, written materials, telephone handset amplifiers, assistive listening devices, assistive listening systems, telephone compatible with hearing aids, closed caption decoders, open and closed captioning and videotext displays.

Give exception access to some phone service

Most prisons do not allow inmates’ access to “800” or “711” telephone numbers to reach a relay service. The hearing impaired must access those numbers to reach the statewide TTY or other relay service. A disability attorney will advise that those numbers are among the services for the hearing impaired that are mandated by Title IV of the ADA.

Legal Service

In Florida alone, there are over 3 million people who are hearing impaired. The prevalence of hearing disorders among senior citizens is on the rise. The surprising fact is that this large segment of the population is not effectively served by attorneys. The problem of delayed representation is based on a misunderstanding of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973.

Classifications

It is important that an attorney understand the differing levels of hearing loss and the distinctions among the hearing impaired. The most common terms for an attorney to know are “deaf” or “hard of hearing”. An attorney should ask the client’s identifier if uncertain. This will aid the attorney in clarifying the accommodations or types of services needed. The factor that helps to determine the classification of a hearing impaired person is the amount of usable hearing that the individual has. Deaf people used American Sign Language (ASL) to communicate. An individual who is classified as hard of hearing is not deaf. He or she has suffered the loss of hearing that can be aided using hearing aids and speech reading. The majority of those hard of hearing do not know ASL.

ASL

The way that differing hearing impaired individuals communicate varies. Once an attorney understands the hearing classification, he can understand the communication method employed by the client. The attorney must ask which auxiliary aid or assistive device will be needed for effective communication. A client who is hearing impaired will appreciate a straightforward approach of dealing with the situation. The first type of communication used is American Sign Language; it is a manual and visual communication that is not English. ASL has it owns rules of grammar and syntax and is not a written language. An attorney should be cognizant that all legal documents will have to be reviewed in a deaf person’s second language, English. Second-language fluency will vary from person to person. The most effective way to communicate with a deaf person is with the assistance of a qualified and certified ASL interpreter.

Use of Hearing Aids

The hearing impaired that is identified as hard of hearing usually rely on different auxiliary means in order to compensate for hearing loss. A person who is hard of hearing can have different levels of hearing depending on the pitch and background noise level. For example, a person who has is hearing impaired may find it difficult to carry on a conversation at a loud restaurant. The loud background noise may be too distracting or intense. Lip-reading is one measure taken to fill in the gaps of what is being missed due to hearing loss. However, an attorney should realize that proficiency in speech reading can also be fluctuating. A hearing aid in one or both ears can improve the hearing dramatically of a person who is hearing impaired.

Special Modifications

An attorney must make special modifications when interacting with a hearing impaired or deaf client. As an attorney, he will know the importance of not treating a person who is hearing impaired differently due to a disability.

Rights of the Hearing Impaired at Doctor

Everyday occurrences such as going to the doctor’s office can become quite traumatic for a hearing impaired person. The inability to communicate symptoms to a medical professional can be overwhelming. There are many rights of the hearing impaired that must be addressed whether by the provider’s office or with the assistance of an attorney. The hearing impaired should be knowledgeable of their rights or seek the advice of an attorney to determine rights when seeking medical treatment.

Right to Interpreter

A hearing impaired patient has the right to have the means for effective communication between themselves, their doctors and the staff at the doctor’s office. The Americans with Disabilities Act (ADA) guarantees the right of the hearing impaired to effective communication with providers. A provider should have an interpreter available for the hearing impaired when the provider is performing standard duties. This includes: obtaining the patient’s medical history, asking questions about the current ailment or injury, diagnosing the ailment, explaining tests and procedures, explaining prescribed medication dosage and usage, explaining follow-up treatment as well as education on prevention of the ailment. A provide who does not provide adequate translating service may face litigation filed by an attorney for the patient.

Undue Hardship for Providers

The cost of the interpreter for hearing impaired patients is considered business costs for the provider. However, the costs of auxiliary aids may exceed the physician’s fee for treating the patient. The ADA does not stipulate that the providing communication avenues for the hearing impaired that would result in financial burden for the provider. If a provider decided to hire an attorney to fight the cost of the interpretative services, he would be well-advised to consider if the costs are considered truly an undue hardship. A provider’s attorney would instruct him that factors that determine undue hardship is whether the expense is excessively costly, extensive, substantial or disruptive. The provider’s finances would be thoroughly reviewed to evaluate the financial resources of the provider. If the provider went ahead with litigation and ADA did not find in his favor, the provider could up paying attorney fees for the opposing side as well as his own attorney fees.

Right for prompt medical care

The hearing impaired has a right to prompt medical care. It should not be postponed due to the provider’s delay in contacting an interpreting service. Also, if the provider uses unqualified interpreters or defers to the patient’s family members who may be present at the time of the office appointment, he is breaching his duty. This breach of duty may be brought to the attention of an attorney who will advise the patient of his or her rights.

Right to Privacy

An attorney can explain to a hearing impaired individual their rights in regards to their medical records. Privacy is so important because the details of diagnoses, conditions and treatment may be intimate and potentially embarrassing. This duty of privacy, which can be explained by an attorney, extends to the employees of the doctor, contractors, agents and representatives. Any breach of this right to privacy is basis for a lawsuit to be filed on the victim’s behalf by an attorney

Rights of Hearing Impaired

Going to court for legal proceeding can make anyone feel uncomfortable unless you are an attorney. For the hearing impaired, court proceedings can lead to anxiety and fear. This is due to the stress of wondering how he or she will be to hear what is going on. Are there any interpreters on the site than are available to them? Legal proceedings involving the hearing impaired has many participants such as the judge, the attorney for each side, jury and so on. Another person that is present is an interpreter for the hearing impaired individual. The role of the interpreter is as important as the role of the attorney but with a major distinction of being completely neutral to the outcome of the proceedings.

Requirements of Qualified Interpreter

The legal system has many requirements, from an attorney’s standing with the bar association to the certification of an interpreter for the hearing impaired. An interpreter must be considered “qualified” in order to translate at legal proceedings; there are three options in order to be considered “qualified”. The first option is that the individual must have obtained specialized certification from either a state agency or commission serving the hearing impaired. The second option is that the interpreter must have obtained certification from the National Association of the Deaf (NAD) or the Registry of Interpreters for the Deaf (RID). The third option in order to be considered to be a “qualified” interpreter is that the interpreter can effectively facilitate communication between the hearing impaired and individuals in court who are not impaired such as the attorneys or the judge.

No Family Members Please

An additional prerequisite of the interpreter is that he or she must be a relative or friend of anyone involved in the proceeding. For example, the interpreter cannot be a niece of one of the attorneys involved in the case.

How to request an Interpreter?

The hearing impaired can request an interpreter, with the help of his or her attorney. Most court systems have a specific department in order to process the requests for interpreters. The attorney of the hearing impaired will most likely know how much notice needs to be given to this department in order to guarantee an interpreter for a specific court date. The necessary information in order to request an interpreter for the hearing impaired includes: names of the people in the case, case number and any other special needs present. The attorney can have someone on his staff make the request.

Additional Services may be available

In addition, the attorney for the hearing impaired individual scheduled in court can see if there are other services specifically geared towards the hearing impaired. Some of these services include real-time captioning, assistive listening devices, and relay. Real-time captioning involves a high-skilled captionist who enters steno shorthand into advanced software. The steno shorthand is then translated into readable English which is displayed on a computer screen, television screen, video or overhead projector.

Military Service

A military attorney is charged with claims by hearing impaired individuals when the hearing loss is caused by actions encountered while serving on active duty. Since hearing impaired individuals are covered under the stipulations for military disability pensions, it is common for such items as hearing aids to be covered under veterans’ benefits. Usually qualifications for disability pensions take months or years to be granted and the services of an attorney may be required in order to be approved for benefits. In addition to disability pension, hearing loss and other service-related conditions can be treated medically at Veterans’ Administration medical facilities.

Noise Causing a Hearing Impaired Condition

There is no question but that the noise in battlefield situations can be louder than the 90 decibels limit, so exposure to long periods of artillery sounds at close range can affect the hearing. Soldiers who fire weapons can become hearing impaired due to the noise. Other loud sounds related to military operations include the noise of motorized vehicles such as military transport. While the services of an attorney are typically not needed, since the military command recognizes the danger, if medical treatment is not granted, the individual should seek the help of an attorney.

Hearing Impaired Conditions Due to Injury

Obviously a hearing impaired condition can arise in the military service when an explosive device is detonated too near to the soldier. Not only hearing loss, but loss of limbs or vision can happen in this instance. Because the military legal system is different from the civilian courts, probably no attorney services will be required to represent the injured soldier. Typically, medical services for military personnel are provided through military facilities, unlike the situation in a civilian injury where the injured party may have to retain an attorney to fight for his or her medical needs in court.

Veterans Administration Benefits for the Hearing Impaired

Partial or complete disability benefits may be paid to those who are hearing impaired due to military service related accidents or injuries. The injured veteran will not need attorney
services to represent him or her in most instances. The claims for disability are handled within the military hierarchy or the Veterans Administration. In addition to financial disability benefits, service personnel receive treatment for all types of ailments at military hospitals and clinics at little or no cost. A military attorney is the advocate for cases where legal representation is needed by the veteran.

Rehabilitation Assistance for the Hearing Impaired

An attorney is available to help veterans who are hearing impaired when they are seeking rehabilitative services or vocational training following military service. The goal by the team including an attorney, social work counselor and veteran’s representative is to return a veteran to profitable and fulfilling employment following military service, whether or not an injury has occurred during the service fulfillment. Rehabilitative assistance may include counseling, hearing aids, educational or vocational training, medical care and even housing benefits and psychological intervention if needed. The loss of hearing in adult life is a traumatic experience at best, but one that can be overcome with determination and assistance.

Environmental Hazards

Some of the same issues in the general environment and in the work environment can cause individuals to become hearing impaired. Loud noises, solvents, sudden or shrill noises disease and injuries to the head are all potential contributors to the hearing impaired individual. Legal remedies to loss of hearing can be difficult to prove. The services of an attorney specializing in such cases are recommended. An attorney can help to determine is a complaint can be proven and if the settlement is likely to be worth the cost of fighting for a positive judgment. Even if a complainant wins the case, it is not always possible to collect the judgment from the defendant.

Hearing Impaired Individuals Caused by Disease

There are several diseases that can cause a person to become hearing impaired. For example, meningitis is related to hearing loss. In fact, any disease that creates a high fever in an individual can cause hearing loss. Recurrent ear infections can cause a degree of hearing loss. A direct need for an attorney in this type of hearing loss would be unusual, although an attorney
could be helpful in making certain the deafness does not lead to discrimination. Health insurance may be available to help the individual with medical costs related to hearing loss due to disease.

Difficulty in Gaining an Education by the Hearing Impaired

Regardless of the cause for the individual to be hearing impaired, a quality education may be difficult to attain. Hearing parents may be frustrated and confused about the options open for a non-hearing child. It is particularly important for children where deafness occurs from birth to age four to have early educational intervention. If parents choose to mainstream the child, it sometimes requires adjustments in the classroom that are not easy for the school district. An attorney may be required in order to force compliance with ADA and other legislative stipulations. Fortunately, an attorney knows that discrimination due to disability is prohibited.

Hearing Impaired Symptoms Related to Aging

Many individuals suffer some degree of hearing loss due to aging. Haring impaired conditions that are age related require fitting and training on the operation of hearing aids. Environmental causes for loss f hearing due to age can sometimes be contested through the services of an attorney, but this is not assured. The attorney would be required to show a direct cause and effect relationship between the hearing loss and the environmental factors that caused the damage.

Entertainment Related Hearing Impaired Individuals

Entertainment through music and sound is a big part of the lives of people today. Parents for several generations have warned youngsters that the sounds of loud music were could have disastrous effects on the hearing of children. Haring impaired individuals may be able to trace hearing loss back to music that is too loud, but it’s easy to ignore the dangers of decibel levels over 90 when one is enjoying the sensations of a rock concert. The services of an attorney are unneeded when the individual places their hearing in conditions that are known to be harmful. Entertainment-related accidents may be another matter. The attorney that is selected can help to determine if there are grounds for legal action.

Occupational Hazards

An accident on the job or other occupational hazards is a common cause for a person to become hearing impaired. An attorney specializing in occupational safety and health issues is typically consulted when there are difficulties with a claim. Almost all U.S locations are covered under occupational safety and health laws. Job related hearing impaired conditions are primarily due to the level or pitch of noise in the workplace. The condition may also result from a fall or other injury while completing the requirements of the job. Disputes over coverage under the laws can be discussed with an attorney, preferably one who specializes in occupational safety law.

Hearing Impaired Condition Due to Noise Levels

Two types of noise problems can cause an individual to become hearing impaired on the job. The first noise problem is that of how loud the sound is. The sounds of jet engines, a jackhammer, even bells, whistles or sirens louder than 90 decibels can cause hearing loss. An attorney

specializing in occupational-related claims can help to determine the approach that should be taken about collecting for such a condition. In spite of legal clarification over the years, liability law is constantly changing. However, an attorney knows that an employee has the right for working conditions that are safe and healthy.

Hearing Impaired Condition Caused by a Metals or Solvents

Occupational conditions causing individuals to become hearing impaired result in hundreds of thousands of dollars annually in attorney-involved claims. A significant percentage of miners report perceived hearing loss. Other occupations that work with solvents are believed to have a higher rate of hearing loss than the general public. An attorney can work with the employer or with employees in preventing the danger of hearing loss, but typically such controls are identified and implemented with risk assessment techniques.

Hearing Impaired Condition Due to Noise Pitch

Not only can the loudness of the sounds on the job, but the pitch of the sound cause a worker to become hearing impaired. An attorney will tell you that a shrill noise of short duration can be just as painful, perhaps even more painful as a loud bass sound. Usually it will require more than one exposure to the sound to create permanent damage, but once the sound comprehension is lost, the damage is not repairable. An expert attorney may be required to show jurors or compensation judges the extent of the cost involved when hearing is compromised.

Hearing Impaired Condition Due to a Slip or Fall

A slip or fall on the job that causes a person to become hearing impaired is a less likely occurrence than some of the other compensatory accidents. This is due to the fact that at least two negative factors must come into play at the same time for hearing loss to occur. An attorney

will confirm that not only must a fall by the employee occur, but there must be a secondary effect of a blow or bump to the head in an area that affects the hearing of the individual. Retaining an attorney to explore any aspects of job safety, including hearing loss makes good sense, particularly if the employer is reluctant to act.

Injuries

A few conditions where an infant is hearing impaired due to injuries or errors during the pregnancy or delivery have been identified. Although the majority of cases of a child being hearing impaired is traced back to congenital causes, about 45% of deafness are the result of accidents, injuries or illnesses during pregnancy or the birth process. An attorney who specializes in malpractice may be helpful in determining whether or the parents have a claim against the doctor or medical facility. A claim for financial compensation may make the difference between proper education and medical care for the child, so parents should not be reluctant to discuss the details with an attorney.

Hearing Impaired Condition Due to Maternal Illness

A hearing impaired child may be the result of the mother’s illness during pregnancy. Certain diseases in the mother are known to be the cause of the infant’s deafness. It is for this reason that women who are contemplating starting a family should be certain to have immunizations up to date. Since most people in the West are vaccinated as children, the likelihood of contracting one of the diseases related to hearing loss is less likely. In instances of deafness due to illness of the mother, there is less likelihood for the services of an attorney to be helpful. However, an attorney should be contacted if unusual causes for the maternal illness are present.

Hearing Impaired Condition Caused by Premature Birth

Premature birth is another major cause of a child being hearing impaired. In this instance, hearing loss may be accompanied by one or more other disabilities related to the child’s stage of development at birth. Legal issues can be addressed by an attorney qualified to deal with such cases. The costs of caring for and educating such a child can be devastating to the family. The advice of an attorney may be required to sort out both physical and financial issues.

Hearing Impaired Condition Due to a Birth Injury

Some birth injuries can cause a child to be hearing impaired, but the diagnosis of deafness may not be made for weeks or even months following birth. Deafness due to a birth injury such as improper use of forceps is uncommon. The usual manifestation of a birth injury is epilepsy, muscle control or nerve damage. The services of an attorney should be sought as soon as there is reason to believe that a child may have suffered a birth injury. The attorney can help the parents plan ahead for eventualities in the care and treatment of the child.

Hearing Impaired Condition Caused by Medication

The advice of an attorney may be needed if the individual becomes hearing impaired due to the effects of certain types of medication. The medications involved that are known to cause hearing problems are for serious illnesses such as tuberculosis, malaria and cancer. For the woman who may be pregnant, any drug prescription should be discussed with the medical professional. In that case of antibiotics taken before the pregnancy is realized, there may be no claim available. Again, the advice of an attorney should be sought for specific guidance.

Americans with Disabilities

Those who are hearing impaired form the largest group of Americans covered under the Americans with Disabilities Act (ADA). At least 24 million people are hearing impaired, of whom three million are school age children. It is important to realize that the ADA is complaint-driven; it doesn’t happen without positive action on the part of the deaf individual or the attorney representing his or her interests. Those with impairment of their ability to hear have the right to have assistive equipment made available when they are in places such as hospitals, schools, courtrooms and public meeting rooms. An attorney may help to ensure compliance for the provisions of the ADA and other applicable legislation.

Hearing Impaired in the Justice System

Under the Americans with Disabilities Act, those who are hearing impaired have the right to have assistive listening devices in courtrooms, or any other public assembly site where there are permanently installed sound systems or where there is permanent seating for more than 50 people. If necessary, those who are hearing impaired have the right to have an interpreter to explain rights, or to coordinate information with the attorney. When a deaf person is involved in the justice system, it is important to have an attorney who understands the rights of the deaf under the ADA.

Provisions of the Americans with Disabilities Act for Hospitals

Emergency room care, services for inpatients and outpatients, educational classes, gift shops, surgery and clinics are all covered under the Americans with Disabilities Act for hearing impaired individuals. According to attorney-provided specifics, information that doesn’t require lengthy interactive communication such as a gift shop purchase or inquiry about a patient’s room number can be accomplished through hand signals or written notes. Information sheets prepared for the hearing impaired can be useful for the general public as well. In most other instances, such as explaining or discussing symptoms, treatment options or group therapy sessions, the attorney retained for the medical facility has indicated that a qualified interpreter must be provided.

Hearing Impaired in Places of Assembly

Although much has been written to explain the rights of hearing impaired under the ADA, the services of an attorney may be required in order to make certain the building or organization is in compliance. An attorney who works with the deaf or who specializes in the specifications of the ADA can make certain there is compliance so that the organization with a large public meeting-place prevents issues from arising, rather than trying to explain after the incident has occurred. Generally, any place of assembly that has fixed seating for 50 people or more must provide assistive devises.

Hearing Impaired on the Job

The focus of questions during an employment interview for a hearing impaired person must focus on whether the individual would be able to perform the duties of the job with or without special accommodation. Employers can’t ask how bad the hearing loss is, for example. The prospective employer is not required to hire an otherwise qualified person as a receptionist in a busy location. An attorney who specializes in this type of law would be able to advise the employer about general questions that might be considered as discriminatory. The attorney can also review a list of specific questions for appropriateness.