Workplace discrimination for persons with hearing loss: Before and after the 2008 ADA Amendments Act.

BACKGROUND: Individuals with hearing loss experience unique barriers to employment frequently documented in the areas of communication and education. The purpose of this article is to contribute to extend this inquiry to the uniqueness of workplace discrimination involving persons with hearing loss. OBJECTIVE: This study investigated differences in allegations of workplace discrimination filed by persons with hearing loss ("Hearing") compared to those filed by persons with other physical or neurological disabilities (General Disability, or "GENDIS") before and after the enactment of the 2008 Americans with Disabilities Act Amendments Act (2008 Amendments). METHODS: Using secondary data collected from the Equal Employment Opportunity Commission (EEOC) Integrated Mission System, we employ simple measures of proportion and odds ratios to describe differences between allegations derived from GENDIS and Hearing loss populations. These are population statistics, and not samples, of all allegations of discrimination reported to the EEOC through 2016. The comparisons involve Characteristics of the Charging Parties, Issues or discriminatory behaviors alleged, and closure statuses or Merit Rate of the EEOC's investigations - both before and after the 2008 Amendments. RESULTS: Following the 2008 Amendments, Charging Parties changed dramatically on age and gender status. Reasonable Accommodation, Hiring, Harassment, and employment Terms and Conditions showed unique features between groups and/or time periods. The "veracity" (confirmed truthfulness or merit) of the EEOC allegation (or Merit) rate also changed following the Amendments: higher for GENDIS; lower for Hearing. CONCLUSIONS: Possible rationale for these findings are offered, and new research questions are raised. Finally, implications for the cross-disability movement are presented.

O Poder Judiciário e o acesso ao Sistema de Frequência Modulada: uma análise sobre a efetivação das políticas públicas em saúde auditiva / The Judiciary and access to the Frequency Modulation System: an analysis of the effectiveness of public policies on hearing health

RESUMO Objetivo conhecer como se deu o processo de criação de políticas públicas em saúde auditiva no Brasil, bem como a influência do Poder Judiciário na concretização do acesso, pela pessoa com deficiência auditiva, ao Sistema de Frequência Modulada (Sistema FM) e para utilização em ambiente escolar. Métodos estudo qualitativo exploratório, por meio do qual foi realizado, inicialmente, um levantamento normativo nos sítios eletrônicos da Presidência da República, Câmara dos Deputados e Ministério da Saúde, visando identificar, no período compreendido entre outubro de 1988 e outubro de 2019, a existência de normas que versassem sobre a criação de políticas públicas em saúde auditiva. Foi realizado, em complemento, levantamento jurisprudencial nos sítios eletrônicos de Tribunais de Justiça, Tribunais Regionais Federais e Tribunais Superiores, visando identificar, no período compreendido entre janeiro de 2000 e outubro de 2019, a existência de decisões judiciais que versassem sobre acesso ao Sistema FM, via Sistema Único de Saúde (SUS). Resultados foi possível identificar dez instrumentos normativos que tratavam, especificamente, da criação de políticas públicas em saúde auditiva, além de seis decisões judiciais, cujos méritos consistiam, propriamente, no acesso ao Sistema FM, via SUS. Conclusão o Poder Judiciário tem papel fundamental na concretização do acesso ao Sistema FM pela pessoa com deficiência auditiva, uma vez que sua atuação suprime omissões dos outros Poderes e impede que políticas públicas já concebidas contemplem restrições contrárias à Constituição Federal.

ABSTRACT Purpose to know how the process of creating public policies on Hearing Health in Brazil, and the influence of the Judiciary Power for the access by the hearing impaired person and the use in the school environment, concerning the Frequency Modulation (FM) System. Methods an exploratory qualitative study through which a normative survey was initially carried out - on the websites of the Presidency, the Chamber of Deputies and the Ministry of Health - aiming to identify, from October 1988 to October 2019, the existence of norms dealing with the creation of public policies on Hearing Health. Also, a jurisprudential survey was carried out - on the websites of Courts of Justice, Federal Regional Courts, and Superior Court of Justice - to identify the existence of court decisions dealing with access to the FM System via the Unified Health System in the period from January 2000 to October 2019. Results We identified ten normative instruments that dealt specifically with the creation of public policies on Hearing Health, as well as six court decisions whose merits consisted of access to the FM System via the Unified Health System. Conclusion The Judiciary has a fundamental role in achieving access to the FM System for people with hearing impairment since its performance suppresses omissions provided by other Powers and prevents public policies already designed to contemplate restrictions contrary to the Federal Constitution.

Effective Deaf Access to Justice.

This article reports on findings from a qualitative study that explored the experiences of eight deaf participants in interacting with the justice system in Northern Ireland. The study was spurred by anecdotal evidence of challenges facing members of the Deaf community in obtaining access to solicitors. The UN Convention on the Rights of Persons with Disabilities, to which the United Kingdom is a State Party, requires providers of goods, facilities, and services, which include solicitors, to provide effective communication access to deaf people seeking their services on an equal basis with non-disabled people. The Disability Discrimination Act comes into play, requiring service providers like solicitors to make a "reasonable adjustment" in order to provide access to deaf clients. Eight participants provided narratives from which three thematic categories emerged: (a) Barriers to Access, (b) The Contested Meaning of "Reasonable Adjustment," and

Healthcare access for deaf patients - The legal and ethical perspectives.

Deaf patients are too often overlooked in our society despite requiring in-depth attention to their specific communication needs. If they are not able to communicate with healthcare professionals, they may be unable to access and receive appropriate care. Yet, medical providers who fail to address patients' linguistic difficulties breach their ethical and professional duties, and face potential malpractice lawsuits. This article aims to highlight the unequal access of medical care by deaf patients and the impact of language barriers. It also provides an overview of medical providers' ethical and legal duties to assist people with hearing disabilities and discusses the benefits of using professional interpreting services and offers recommendations to address the ethical and legal issues faced by medical professionals.

Forensic Evaluation of Deaf Individuals: Challenges and Strategies.

Forensic evaluation of deaf individuals presents unique challenges due to many examinees' fund of information deficits, potential for language deprivation, and examiners' frequent lack of creativity regarding communication methods. This article describes challenges most frequently encountered in competency to stand trial and criminal responsibility evaluations and offers strategies for overcoming them. The value of employing multiple communication methods, especially the use of illustrations, is emphasized. Suggestions also are offered regarding preparing evaluation reports and effectively communicating "key deaf fundamentals" to legal personnel. Encouragement is offered for qualified, sign-fluent professionals to engage in forensic work.

Deaf Workers in Restaurant, Retail, and Hospitality Sector Employment: Harnessing Research to Promote Advocacy.

A quarter-century after the passage of the Americans with Disabilities Act (ADA, 1990 ), workplace accommodation is still a struggle for deaf employees and their managers. Many challenges are the result of communication barriers that can be overcome through much needed-although often absent-advocacy and training. This article highlights the literature on the employment of deaf individuals in the United States service industries of food service, retail, and hospitality conducted from 2000 to 2016. Exploring dimensions of both hiring and active workplace accommodation, suggestions are made for how social work advocates can harness information and strengthen their approaches for educating managers and supporting workers.

Nurses with Undiagnosed Hearing Loss: Implications for Practice.

Hearing loss affects 36 million people in the United States of America, including 17% of the adult population. This suggests some nurses will have hearing losses that affect their communication skills and their ability to perform auscultation assessments, potentially compromising patient care and safety. In this article, the authors begin by reviewing the hearing process, describing various types of hearing loss, and discussing noise-induced hearing loss and noise levels in hospitals. Next, they consider the role of hearing in nursing practice, review resources for hearing-impaired nurses, identify the many costs associated with untreated hearing loss, and note nurses' responsibility for maintaining their hearing health. The authors conclude that nurses need to be aware of their risk for hearing loss and have their hearing screened every five years.

Some life lessons in the work place: personal narrative/case study.

Michael Schwartz, a lawyer deaf since birth, describes his journey as a professional for the last 32 years since his graduation from NYU School of Law in 1981. He offers a case study of his experiences with accommodations on the job as required by federal and state law. The study includes specific examples of what worked and what did not work for a deaf lawyer like him working at his craft. Schwartz wraps up with the lessons he learned over the last three decades as we moved from the model of non-compliance to that of compliance, even beyond compliance, with the mandates of law in the employment context.

[Knowledge of laws by students with hearing impairment: results from the GINKO-project]. / Gesetzeskenntnis bei Studierenden mit Hör-behinde-rung: Ergebnisse aus dem Projekt GINKO.

Legislation for people with disabilities has also changed due to other changes in the law, especially due to the recent ratification of the UN Convention on the Rights of Persons with Disabilities. These laws, in particular the UN Convention on the Rights of Persons with Disabilities, with its inclusion of the right to equitable and universal access to education for people with disabilities and their implementation, are of central importance for students who are impaired. As part of the GINKO (the legislative effect laws have on the professional integration of those who are hard of hearing, people who have gone deaf and those who are deaf through communication and organization; promotion: BMAS) project, the following questions were also brought up for discussion and were investigated: to what extent hearing-impaired students are aware of legislation that benefits them, whether these laws will be implemented, and what factors have an impact on this legal knowledge or its implementation. Overall, 4,825 handicapped individuals with hearing impairments - including n=166 students - took part in the survey. The results of the evaluation of the group of hearing-impaired students indicate that many of them are not informed about laws important to them. It was also found that the knowledge of a law cannot be equated with its implementation. This survey also resulted in a resolve for the future, to demand information about legal options be reinforced, and to adjust this information to fit the needs of specific target groups, e.g. this information could be disseminated through sign language films. On the other hand, these results also apply to higher education, for these institutions to create learning conditions where existing regulatory design options for students with disabilities are implemented, thereby affording students an equal opportunity to participate in higher education.

Young deafblind adults in action: becoming self-determined change agents through advocacy.

Six young deafblind adults took a 1-week course on civic engagement and advocacy, which provided the focus for a participatory action research study with a collective case study design. They selected advocacy topics, were briefed on these policy issues, and were paired with experienced mentors for meetings with legislators in Washington, DC. Eight themes were identified from constant comparative and in vivo analysis of classroom discussion notes, interviews, and journals: (a) defining advocacy and advocate, (b) rights and equality, (c) expectations, (d) role of education in change, (e) deafblind expertise, (f) characteristics of effective change agents, (g) advocacy is teamwork, (h) future advocacy. In the classroom, the participants learned about policy issues, communication considerations, and leadership, then applied this knowledge in the legislative arena. Through the advocacy process, they learned to apply their personal strengths as advocates and experienced the importance of teamwork in advocacy.

[Deaf communities: patients or citizens?]. / Comunidades sordas: ¿pacientes o ciudadanas?

The concept of disability is related to discrimination and social exclusion; that is, this issue is a socio-political question whose effects go well beyond the health of the individual. The social and human rights based model of disability points the way to fresh opportunities for action to promote the wellbeing and health of the seventy million Deaf people living in the world today. The key factors in preventing discrimination against the Deaf are recognition of their specific cultural and linguistic identity (including sign languages and Deaf culture), bilingual education, the availability of professional sign language interpreting, and access to information and communication. The present article aims to encourage greater understanding of the significance of adopting this new perspective on disability, its congruence with current national and international legislation on the rights of persons with disabilities in general and of Deaf persons in particular, and its implications in the policies and praxis due to be implemented in Spain over the next few years on enhancing the health of the Deaf community through significant examples of good practice. Examples of good practice for distinct Deaf communities include collaboration between these communities and the health sector, health training for sign language users, the inclusion of the language and culture of Deaf persons in training programs for healthcare professionals, training of Deaf specialists as future health researchers and workers, and health care services that are more accessible via different sign languages.

The horror of being deaf and in prison.

Being Deaf and in prison is a horror. The main fear of prison inmates, whether Deaf or hearing, is that they will be raped, killed, or subjected to other forms of violence. Such fears are based in reality. The recent overcrowding of jails and prisons has increased these problems significantly. A major reason for this situation is the blatant violation of the Americans With Disabilities Act by most jails and prisons in the United States. This includes the failure to provide interpreting services for necessary activities and facilities such as religious services, educational programs, vocational training, faith-based prisons, and mental health treatment for addiction. The author discusses other problems faced by inmates who are Deaf and offers suggestions for correcting injustices faced by those who are Deaf in American jails and prisons.

Road safety and deaf people: the role of the police.

The ability to travel safely and independently is very important for participation in many aspects of modern life and the police have an important role in maintaining safety on the roads. Although people with hearing impairments form a significant percentage of the population in the United Kingdom (estimated at 1 in 7 by the Royal National Institute of Deaf People), there has been little research on how the police ensure the road safety of deaf and hearing impaired people. This article discusses an investigation into existing police practice in providing support and training to police officers on interacting with deaf people in situations that could have an effect on road safety. It makes recommendations for improving existing practice.