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.

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.