CalCLAD's Law Column

Published in the DCARA DeafLink

(CalCLAD/DCARA reserves all rights to publication of these articles. Reprinting of any material published herein is not allowed without the express permission of the author. If no author is listed, you must gain the permission of CalCLAD or DCARA. Credit for articles should go to the author, CalCLAD and DCARA.)

Welfare Changes, 1997

by Pamela C. Snedigar, Paralegal

Unless you’ve been hiding under a rock during the last year, it’s been hard not to notice that there has been a lot of changes in the way state and federal government look at welfare and welfare recipients. Last August, President Clinton signed the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. This law is intended to start the process of welfare reform in the United States.

Here are some of the basic points:

• If you’re not a U.S. citizen by next August, you will not be eligible for SSI benefits. Future immigrants will not be eligible for state or federal welfare benefits until 5 years after they come to the United States. Even then, immigrants must have someone to sponsor them and the sponsor’s income is considered during the application. Undocumented "illegal" immigrants cannot receive SSI or unemployment benefits.

• Immigrants will be eligible for emergency medical care, immunizations (public health assistance), emergency disaster relief, shelter (homeless), soup kitchens, crisis counseling. HUD housing will continue only for those immigrants already in it.

• As of last October, the federally funded welfare programs Aid to Families with Dependent Children (AFDC) and Job Opportunity and Basic Skills (JOBS) have been replaced by Temporary Assistance for Needy Families (TANF). TANF is designed to reduce dependency on welfare by promoting job preparation and work. Under this new program, each state will decide who is eligible, for what, and for how long. But no family may receive TANF for more than 5 years. Teen parents may only receive TANF if they live at home with adult supervision and go to high school or training. Adults who are ready to work must do so by the end of 2 years on welfare. Each state will decide who is ready to work.

• Each state will have its own TANF program but must follow the time limit and work requirement guidelines set by the federal government. California has not yet set up its new TANF program.

• Other than citizen status, there are no changes in SSI eligibility (based on disability) for adults. The standards for children, however, have been made stricter, and all children who receive SSI will have their eligibility reviewed.

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BILLS IN STATE LEGISLATURE WOULD IMPACT ON DEAF RIGHTS

By Ken Kresse, Legal Director

There are several bills in the California Senate and Assembly that could affect your civil rights, job or service accommodations, and access to pay telephones. Some of the bills are described here. If you support any of these bills, we encourage you to urge your State Senator or Assembly Member to do the same.

· Assembly Bill 3152 -- Public TTYs Assembly Member Diane Martinez is the author of this bill. The California Coalition of Agencies Serving the Deaf and Hard of Hearing is the sponsor of AB 3152. The bill would require the state to set up a program to install TTYs in selected public places. The TTYs would likely be attached to public pay telephones or be otherwise just as available for public use. There is a need for more TTYs in airports, bus and other transit stations, shopping malls, hospitals, community and senior centers, and government buildings.

· Senate Bill 2173 -- Accommodations Tax Credit Senator Rob Hurtt is the author of this bill, which is also sponsored by the Coalition. If enacted, SB 2173 will allow a small business an income tax credit of 50% for the first $250 the business spends to accommodate deaf or disabled employees, clients or customers. This would include remodeling, installing equipment like visual alarms or purchasing interpreter services. There is a 50% federal tax credit for the same type of expenses in excess of $250 (up to $10,250). The extra state tax credit would make it more affordable for small businesses to hire and serve deaf people.

· Senate Bill 1687 -- Civil Rights Senator Milton Marks, a long-time supporter of disability rights, is the author of this bill. It originally focused only on some minor changes in the laws relating to assistance dogs, which include signal or "hearing" dogs. At the request of the Coalition, Senator Marks agreed to add several other provisions to strengthen your access rights. These proposed changes in the law would (1) increase minimum damage awards to victims of disability discrimination from $750 to $1,000, allow victims to file discrimination complaints with the California Department of Fair Employment and Housing and would make violations of the federal Americans with Disabilities Act violations of state law. This last provision is important to secure your right to obtain full compensation for any discrimination you have suffered, since full compensation is not always allowed under the ADA.

· Senate Bill 1688 -- DEAF Trust Telephone Equipment This bill is also authored by Senator Marks. It would require all residential care homes for the elderly or disabled to inform new residents that they may be eligible for free equipment, such as TTYs or amplified telephones, from their telephone company as part of the DEAF Trust funded programs. The bill also would expand the list of medical professionals who are authorized to certify you as eligible for a free TTY or other equipment. For example, an audiologist is not now allowed to certify. Under SB 1688, an audiologist would be authorized to certify you as needing a TTY or other special telephone equipment. As of May 16th, all of these bills had passed at least one committee. All must still be approved by both full Senate and Assembly before they go to the governor for approval as late as August.

UPDATE:

do not send any letters of support or contact your legislators about these bills.

AB3152 passed and was signed into law.

SB2173 passed and was signed into law.

SB1687 passed and was signed into law.

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April/June 1998

RECENT ACCOMPLISHMENTS OF THE LAW CENTER

Here is a summary of some of our successful cases and legislative projects over the past three years:

CASES

· Settled two federal court suits, one against St. Helena Hospital and the other against Washington Hospital in Fremont for failing to provide qualified interpreters to deaf spouses of hearing patients.

· Obtained favorable Office of Civil Rights (OCR) decisions on complaints against three hospitals, ValleyCare Medical Center in Pleasanton, CPC Hospital in Walnut Creek and Eden Hospital in Castro Valley, for failing to provide interpreters for deaf patients and deaf spouses of hearing patients.

· Obtained favorable OCR decisions on complaints against the San Ramon Medical Group and the John Muir Health Network for refusals to provide interpreters for a deaf patient.

· Obtained favorable action on a complaint to the California Department of Health Services for Highland Hospital’s failure to provide a qualified interpreter for a deaf patient undergoing surgery.

· Settled three monetary claims against the S.F. Municipal Railway (the MUNI) for interference with signal dog access.

· Settled a federal court suit against the Fremont Police Department for failing to provide an interpreter during an interview with a deaf crime victim.

· Settled a federal court suit against the California Department of Fair Employment and Housing (DFEH) for its failure to provide an interpreter during meetings between its staff and a deaf complainant, which resulted in the deaf person’s unknowing release of monetary claims against a health clinic that had also refused to provide interpreters for clinic visits.

· Obtained a favorable settlement by the U.S. Department of Housing and Urban Development (HUD) of a complaint against a homeowners association for its refusal to provide interpreters at association meetings deaf homeowners wanted to attend.

· Secured an agreement to provide professional interpreters for two deaf students during a two-year course at the California Culinary Academy.

· Settled an EEOC complaint against Federal Express over its refusal to permit a deaf employee to drive tugs or forklifts.

LEGISLATION

· Successfully proposed and lobbied a bill to place publicly available TTYs in existing buildings and facilities around the state.

· Successfully proposed and lobbied a bill to provide state tax credits in addition to federal tax credits available to small businesses for their costs to comply with the ADA, such as interpreter costs.

· Obtained amendments to state access laws to make a violation of the ADA a violation of state law, to raise the minimum statutory damages for a violation, and to clarify that complaints may be filed with the DFEH.

· Successfully proposed and lobbied a new state budget item for Medi-Cal reimbursement of interpreter costs paid by doctors and other small health care providers in providing health care to deaf patients on Medi-Cal.

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Oct.-Dec. 2000.

Know Your Rights: Captioned city council mtg cable programs

By Ken Kresse, Legal Director

Question:  My city recently began televising city council meetings on cable television.  When I attempted to watch one of the meetings, I found that it was not captioned.  Is my city obligated to make its television programming accessible to me?

Answer:  Yes.  Under Title II of the Americans With Disabilities Act (ADA), city or county governments that televise their meetings or produce other cable programming are obligated to close caption them.  The obligation is limited, however, to the extent that captioning would be an “undue administrative burden or expense”.  For example, real-time captioning of all its live programming could be too expensive for a small city or county.  Captioning is not an “all or nothing” requirement.  In other words, your local government is obligated to caption its programming to the extent it can afford to do so.  Captioning a program that is recorded and shown at a later date is not as expensive as captioning a live program.  If you are interested in watching your city’s cable TV programs, we suggest that you write a letter to your major asking when it will start captioning.  Ask your friends who also depend on captioning to write too.  If it becomes clear to you that the city is not going to caption its programming, you can file a complaint with the U.S. Department of Justice.  Check out its ADA web site at www.usdoj.gov/crt/ada/adahom1.htm

(“Know Your Rights” is intended as general information and not as legal advice or opinion.)

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Know Your Rights: Hearing Dog

By David LaDue, Staff Attorney

Question: I have a dog that is trained to alert me when the telephone rings or if someone comes to the front door. My dog is  very well behaved in public and I like to take her with me everywhere I go. She wears a vest that identifies her as a hearing dog and I carry her training certificate with me. Could I be  prevented from taking my dog into a restaurant or movie theatre with me?

Answer: Probably. The Americans with Disabilities Act (ADA) and California Civil Code section 54.2 gives an individual with a disability the right to be accompanied by a guide dog, signal dog, or service dog in places of public accommodation, such as a restaurant or movie theater. However, the dog must be especially trained for the purpose.

In this situation , your dog is trained to perform services in your home, not in public places like restaurants and theatres. If dogs are not allowed there, your dog might not be allowed either. Your dog is not working as a signal dog in that place. She is there as your canine companion. The law is not clear on this point and there are no court cases yet which have interpreted the laws to require a signal dog to have access to places of public accommodations in their “off duty” time.

It would be different if your dog was especially trained to provide a service for you in a public place. A guide dog for a blind or deaf/blind person, for example, is especially trained to perform services in public places.

If you went on a cruise ship or to a hotel, and took your dog with you to perform the same services (alerting you to telephones or people coming to the door), then the dog must be allowed to stay with you as an accommodation which helps you to have access to those businesses.

Question: I have a dog that is trained to alert me when the telephone rings or if someone comes to the front door. My dog is  very well behaved in public and I like to take her with me everywhere I go. She wears a vest that identifies her as a hearing dog and I carry her training certificate with me. Could I be  prevented from taking my dog into a restaurant or movie theatre with me?

Answer: Probably. The Americans with Disabilities Act (ADA) and California Civil Code section 54.2 gives an individual with a disability the right to be accompanied by a guide dog, signal dog, or service dog in places of public accommodation, such as a restaurant or movie theater. However, the dog must be especially trained for the purpose.

In this situation , your dog is trained to perform services in your home, not in public places like restaurants and theatres. If dogs are not allowed there, your dog might not be allowed either. Your dog is not working as a signal dog in that place. She is there as your canine companion. The law is not clear on this point and there are no court cases yet which have interpreted the laws to require a signal dog to have access to places of public accommodations in their “off duty” time.

It would be different if your dog was especially trained to provide a service for you in a public place. A guide dog for a blind or deaf/blind person, for example, is especially trained to perform services in public places.

If you went on a cruise ship or to a hotel, and took your dog with you to perform the same services (alerting you to telephones or people coming to the door), then the dog must be allowed to stay with you as an accommodation which helps you to have access to those businesses.

(Know Your Rights is intended as general information and not as legal advice or opinion) 

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The Five Most Commonly Asked Questions about Employee Rights

By David LaDue

Employment law is complicated because it involves a balance of the rights and duties of the employee and the employer. Answers are rarely simple, but some problems tend to come up repeatedly. This article is an attempt to help you find a starting point to deal with these issues.

1. Q: My boss is giving me a hard time at work. He/she is acting unreasonably and this is causing me a lot of stress, can I sue my boss and the company for harassment?

  
     A: It depends. Employers have a lot of leeway to run the business the way they want to do it, even if you disagree. Also an employer can impose discipline on employees if they believe, in good faith, it is appropriate, even if you believe it is without good cause or is excessive.  The boss can be insensitive, a jerk, or follow poor management practices, but the company cannot be sued, unless he/she is doing something illegal.
     
        However, if the reason for the discipline or poor treatment is because of your race, color, national origin, religion, sex, sexual orientation, or disability, etc., then the "harassment " could be illegal. You would have to prove that the reason the different treatment is occurring is because of unlawful discrimination or for some other illegal reason. Likewise, "sexual harassment" is a form of sex discrimination. It is illegal because it is unlawful discrimination, not just because it is "harassment".

2. Q: Do I have to work overtime if I don't want to?

      A: Probably. An employer, in the absence of a union agreement or employer policy to the contrary, can require you to work up to 72 hours in any workweek. If you refuse to do so, you may be terminated or otherwise disciplined.

        However, an employer's right to require the employees to work overtime has a price tag.  The employer may be required to pay you at a higher rate for overtime hours, unless your position is exempt from this requirement by state and federal law. Agreements by employees to give up overtime pay are usually not enforceable.

       
3. Q: I feel that my boss unfairly fired me.  Can I sue for wrongful termination?

    A: It depends. "Unfair" is not the same thing as "illegal". As noted above, employers have a lot of room, under the law, to discipline and terminate employees, even if the employee disagrees with what was done or how it was done. Without a union contract or other promise by the private sector employer to fire employees only for certain reasons or in a particular way, employees are considered to be "at-will". This means the employer can terminate their employment, (and they can quit) at any time and for any reason or no reason at all! Government employment is subject to civil service rules. Of course, as with "harassment", the firing cannot occur for an illegal reason, even if the employee has signed a statement saying that they are an "at-will" employee.

        This is a complicated question and the facts of each situation need to be reviewed by an attorney specializing in employment law. Many of these lawyers do not charge for the first contact to discuss your situation. It is important not to wait too long before contacting an attorney. You should act soon if you have any questions or a suspicion that the firing was wrongful.  If you wait too long, you may lose your legal right to challenge it, even if you have a good case!

4. Q: I just got fired. When Should I get my final paycheck?

    A: Immediately! California law says that an employee must be paid for all wages due and owing at the time of termination. If an employee quits without giving advance notice, wages must be paid within 72 hours. If an employee gives at least 72 hours notice in advance, then final wages are due at the time of resignation. The employer may have to pay a penalty to the employee if these rules are not followed and the employer does not have a good excuse.

       
5. Q: My former employer and I did not get along; is he allowed to give a bad reference about me to a future employer?


    A: Yes, by law they can, but they probably won't. California law permits a former employer, if asked by a potential employer, to give a good faith and honest statement as to the reason why a former employee was fired or quit. In reality, most employers don't do this. Many employers now make a practice of only giving out a confirmation of former employment.


This column is not intended to provide legal advice for every situation. Its purpose is to state general issues under California law and may not apply in other states. If you have specific questions, you should consult with an attorney.

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Know Your Rights: Employment Discrimination?

By David LaDue, Staff Attorney

Question:   I have worked at the local branch of ABC Corporation for three years. Every week we have department meetings. I have asked my supervisor to provide me with ASL interpreters at the meetings. She says they can’t afford interpreters. My co-workers make fun of me. My supervisor stares at me for no reason. I was passed over for promotion three times.

Recently, my personal parking space was converted into a truck-loading zone. I am fed up with this company and their refusal to accommodate me. Can I quit and sue the company for employment discrimination?

Answer:    Maybe. Don’t quit yet. Try to relax, talk to a lawyer, and think about it before you give your notice. Under California law, an employee who voluntarily quits can’t sue their former employer for wrongful termination, even if they were discriminated against, unless they can prove they really had no choice but to quit. This is called a “constructive termination”. 

The California Supreme Court has said there must be unusual and terrible conditions that are so bad so that a “reasonable person” in the same position, who really wanted to keep working would think that they had no other choice but to quit. The events that lead up to the resignation must be “aggravated”, or a “continuous pattern”. A single, minor, or occasional bad act is not enough.

In addition, says the California Supreme Court, you would have to show that the employer had actual knowledge the discrimination or harassment was happening and did nothing to stop it. This does not just mean knowledge by co-employees; it has to be known by an officer, director, or supervisor who has the authority to represent the employer.

So how could you improve your chances of showing a “constructive termination”? First, make sure you can document that you repeatedly requested an interpreter, and that you were denied effective accommodation. Under Title I of the ADA and California law, an employer who has at least 15 employees (for California Law, 5 employees), must offer reasonable accommodation. However, the employer does not necessarily need to provide the same accommodation requested by the employee, so long as the accommodation is effective. You need to explain that the “accommodation” they are offering you is not effective and tell them why in writing. That way, upper management can’t say they did not know why you rejected the accommodation they offered you.

If other employees, or even your supervisor, are harassing you, tell upper management about it. Put it in writing each time it happens! Even though your supervisor is involved, a judge may later decide that he is not high enough in management to represent the company. Make sure you give written notification as high up in management as possible.

Also, some of the things that you complained about might also have happened to a hearing person. You need to prove that the bad things that occurred; hazing, staring, denial of promotion, termination of your parking space, happened because of your deafness. There are many ways you might be able to do this. We will discus how to prove discrimination in a future column.

(Know Your Rights is intended as general information and not as legal advice or opinion) 

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July-Sept 2001

Know Your Rights : Strobe Light for Smoke Detector in Apartment

By Ken Kresse, Legal Director

Question – I am moving into an apartment and I need a strobe light for the smoke detector.  I am also concerned about being warned if a fire breaks out in another part of the apartment building.  I would also like to have a light signaler so I can know if someone is at the front door to visit me.  Does the law require the landlord to purchase and install warning and signaling lights for my safety and convenience?

Answer – For private apartments, the law does not require the landlord to buy and install a visual smoke detector, fire alarm strobe or doorbell signaler in your apartment.  The law only requires the landlord to allow you to have these devices installed yourself.  The landlord can even require that the devices be removed and any damage left be repaired when you vacate the unit at the end of your tenancy.  For large apartment buildings that have building fire alarm systems, strobe lights are required in the hallways and other common areas if the building was constructed within the last nine years.  For some apartments, the law does require the landlord to pay for devices you need.  This would be true for public housing (local Housing Authority is the landlord).  For private apartments you rent using Section 8 rent subsidies, federal law requires the Housing Authority that administers the program to make its program readily accessible and usable for deaf.  If there are no apartments that are deaf accessible in the local Section 8 program, the local Housing Authority might be obligated to procure and install visual alarms and door bell signalers.

(Know Your Rights is intended as general information and not as legal advice or opinion) 

Know Your Rights: Homeowner Association Access Obligations

By Ken Kresse, Legal Director

Question:  I own and live in a condominium.  My homeowners association has business meetings each month and sponsors entertainment events several times a year.  From time to time, I would like to attend the meetings when I know that they will discuss a topic I am interested in.  I also would like to go to some of the events, like comedy night.  I would need an interpreter to be able to participate.  Is the association required to provide an interpreter for me?

Answer: Yes.  State and federal fair housing laws prohibit housing discrimination against individuals with disabilities.  These laws protect deaf condominium or homeowners against discrimination by their homeowner associations.  Associations typically control the common areas in condominium complexes or home developments.  The fair housing laws require homeowner associations to accommodate the needs of disabled individuals who visit or live in the condos or homes in their developments.  This may mean removing physical or communication barriers or making exceptions to their rules and policies.  If a deaf condo owner wants to attend a meeting of the association or to an event sponsored by the association and open to the members or public, the association has the obligation to make reasonable accommodations to insure equal access and an equal opportunity to participate.  Providing an interpreter from time to time throughout the year is just such a reasonable accommodation. The association would be allowed to raise its monthly dues required of all members to cover its costs to provide any interpreter services.

If you believe that your homeowner association is discriminating against you because of your deafness, you may file a complaint with your local federal Housing and Urban Development (HUD) office.  HUD has the authority to investigate and require discriminators to cease their illegal activity, by going to court on your behalf if necessary.  If you have questions about your rights as a deaf or hard-of-hearing condo or homeowner, please contact CalCLAD. 

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Oct - Nov 2001

Know Your Rights:  Is it true that California’s laws against discrimination are better than the Americans With Disabilities Act?  Why?

By Ken Kresse, Legal Director 

Question:  Is it true that California’s laws against discrimination are better than the Americans With Disabilities Act?  Why?

Answer:  California law is better than the ADA.  Why? Because it covers more businesses, it protects more people with disabilities, probably has more protections, and it has better remedies.

          More businesses covered.  The federal ADA law prohibits employment discrimination against deaf and other disabled workers and applicants.  It covers employers with 15 or more employees.  California law covers employers of only five or more employees.

          More people protected.  The ADA protects individuals whose physical disability “substantially limits” one or more “major life activities” such as hearing.  Under California law, a person is protected if his or her physical disability “affects” a body system and merely “limits” a major life activity.  In addition, the U.S. Supreme Court has ruled that “mitigation measures” must be considered in determining if a person has a protected disability.  For example, a hard-of-hearing person is protected under the ADA only if his or her hearing is substantially limited while using a hearing aid.  Under California law, that hard-of-hearing person will be protected as long as his or her hearing is limited even when not using a hearing aid.

          More protections?  California law expressly requires employers to participate in an interactive process with the employee to identify a reasonable accommodation.  Failing to do so will itself violate California law.  The ADA is not as clear, although some courts have held that under the ADA, employers are required to participate in interactive process.

          Better remedies.  For employment discrimination, back pay and benefits, front pay, compensatory and punitive damages and attorneys fees can be awarded by the courts as well as orders to hire, promote, accommodate, etc. under both California law and the ADA.  However, compensatory damages, such as for emotional distress, together with any punitive damages are limited under the ADA from  $50,000 to $300,000 depending on the size of the employer.  There are no such limits under California law.  Also, individuals may not sue private companies for money damages under the ADA for service discrimination or accessibility problems.  Under California law, suits for money damages are allowed, with a minimum of $1,000 awarded if there was any emotional distress and the possibility of an award of up to three times actual damages.       

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Jan-Mar 2002 Deaflink

Know Your Rights:  Is my doctor required to provide an interpreter for my appointment? 

By Ken Kresse, Legal Director

 

Question:  Is my doctor required to provide an interpreter for my appointment?

Answer:  If you are deaf and sign language is your primary mode of communication, the law requires your doctor to arrange and pay for an interpreter under some circumstances.

It is not always easy to know if the law will obligate your doctor to provide an interpreter.  The most important question to ask yourself is this, “Is an interpreter necessary for me to understand what my doctor tells me or for my doctor to understand me?”  The law requires your doctor to assure “effective communication” during your visit.  If your English skills are low, writing notes back and forth may not be good enough.  This is especially true if you are going to see your doctor for a serious problem, or possible surgery.  You are less likely to need an interpreter for follow up visits when the doctor just needs to see if you are getting better.  If you can write notes back and forth and you both understand the notes and enough time is allowed for all the needed communication, then the doctor is probably not required to get an interpreter.  Writing notes (or typing on a computer) makes conversation slow and the doctor may need to allow more time for your appointment.  The doctor is required to allow more time if it is needed because of writing notes.

What was said above is generally true when you are taking your child (hearing or deaf) to see the doctor.  A doctor may also be required to provide an interpreter if you are accompanying your hearing spouse or parent to the doctor.  This is true if you need to communicate directly with the doctor for the benefit of your child, spouse, parent or other family member.

The law does not require the doctor to spend so much money on interpreters that the costs will hurt the doctor’s business.  This should hardly ever be true.  In some situations, however, high costs might limit the doctor’s obligation.  For example, if you need to see a psychologist for many weekly visits, the interpreter expense may become so high that the costs would be difficult for the psychologist to pay.  If that is the case, both you and the psychologist should look at ways to reduce the interpreter costs (or perhaps get referred to a signing psychologist if there is one in the area).

Finally, if the doctor or other healthcare provider is not part of a large group or clinic, state and federal tax credits are available to reduce interpreter costs by 50%.  If you are on Medi-Cal, the state will pay up to $65 per visit.  Only doctors with less than 15 employees are eligible for this reimbursement.

(Know Your Rights is intended as general information and not as legal advice or opinion.)

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June-July 2002 Deaflink

Know Your Rights:  Traffic Ticket

By Ken Kresse, Legal Director

Question:  I recently got a speeding ticket and would like to attend traffic school to keep my auto insurance from going up.  Is the traffic school required to provide me with an interpreter? 

Answer:  When you get a traffic ticket, the law allows you to keep it off your record if you attend traffic violator school.  This will keep your auto insurance premiums from going up because of bad driving.  You have this option once every 18 months.  In other words, if you get two tickets within 18 months, you may only keep one of them off your record.  You have to pay the fine and an extra fee for the school.  If you choose this option, the DMV will send you a long list of classes from which to choose.  Some of these classes are run by fairly large businesses, which hold many classes all around the state.  Others are smaller.  Some classes are even conducted by local school districts or community colleges.  By looking over the list, you can identify these classes and also some of the larger schools.  The classes are typically held on Saturdays and last all day.  For a deaf person needing sign language interpreters, two interpreters would be needed.  The cost of two professional interpreters would be several hundred dollars.  

The law requires all of these schools to do what they can to accommodate you so that you can participate as a student.  Although there is a specific traffic school law in California that refers to the potential obligation  to provide sign language interpreters (Vehicle Code Section 11202(a)(8)), the law does not go beyond other, more general disability access laws like the Americans With Disabilities Act (ADA).  The ADA allows a school to choose another method of accommodating you if it is also effective.  For example, if you requested an interpreter but  computer aided real-time transcription (CART) would also work for you, the school would be allowed to provide CART instead of an interpreter.  The ADA also does not require a school to provide you with interpreters, CART or another accommodation if doing so would result in an “undue burden” on the school.  If the class is conducted by a relatively small business, providing interpreters might be considered too expensive and burdensome.  There are one or two schools that have provided signing teachers for specially scheduled deaf classes.  To increase your chances of getting an interpreter for traffic school, choose a class conducted by your local school district, community college, or at least one that appears to be run by a school that has many classes scheduled in different cities around the state.  Public schools and the larger private traffic violator schools are more knowledgeable about their legal obligations and are more likely to afford the  cost of interpreters.  Choose your class wisely so you can focus on keeping your insurance rates from rising and avoid being frustrated when you make your request for interpreters.  

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Know Your Rights: Court Access

By Ken Kresse, Executive Director (2003)

Question -- Will the court provide me with a sign language interpreter?

Answer -- All state courts are required to provide you with services and equipment necessary to allow you to participate in any court proceeding or family court services.  This includes fighting a traffic ticket or going to small claims court.

There are several state and federal laws that place this requirement on the courts.  The Americans With Disabilities Act (ADA) is the most well known of these laws.  In order to make sure you have communication access, these laws require the courts to provide you with a qualified sign language interpreter or other “auxiliary aid or service” that will allow “effective” communication.  California requires that the interpreter be certified for legal interpreting.  The ADA requires the court give “primary consideration” to your choice of accommodation.  You know what works for you.  However, the law does allow the court to chose another method if it is also effective.  For example, for some brief meetings with a court employee, you may prefer to have an interpreter but writing notes back and forth might also be effective.

For counseling, mediation or the courtroom, passing notes probably will not work.  It would take too long and would be frustrating for everyone involved; you will likely need an interpreter or real-time captioning services.  The law says that the court may not begin your case until the interpreter or other accommodation is in place and fully functioning.

Knowing your rights is the first step.  But that is not enough.  You cannot sit back and assume the court will provide you with the service or equipment you need.  If you do, you will be sorely disappointed.  Unfortunately, the courts are not yet that deaf friendly.  You or your lawyer will have to inform the court about your needs and what you require.   

Courts are formal places and there are rules and procedures for most anything that happens in them.  The courts have policies for requesting accommodations.  They also must follow California Court Rule 989.3, which directs that a form (MC 410) can be used for making a request.  Courts should provide you with information about their procedures and forms.  Some courts, such as the Alameda County Superior Court, include this information and the form on their Web sites.  The form, the rule and a list of certified interpreters are also available on the state Judicial Council Web site.

As far ahead of your court or counseling date as possible, inform the court clerk that you need an interpreter.  Depending on the court, you may not be required to fill out the form, but you need to be sure that the court clerk records your request.  Making your request in writing or filling out the form is the best way.  The rule says you should make your request at least 5 workdays in advance of the time you will need the interpreter or other accommodation.  Make your request even if there is less time than that.  The court should make an effort to accommodate you even on short notice. 

To increase your chances of success:

•  Familiarize yourself with the laws and rules. (Title II of the ADA, California Evidence Code Section 754, California Civil Code Section 54.8, Court Rule 989.3)  The more you know about the laws, the more confident you will feel and the more likely your needs will be met.

 

• Know which device or service is best for you.   Is it a sign language interpreter, an assistive listening device, or computer-assisted real-time captioning (CART)?   If you need an interpreter, what kind? ASL or PSE?  Do you also need a deaf or “intermediary” interpreter?  If it is CART, the captioner or transcriber should not be the same person as the court reporter.  CART and court reporting are similar but are not the same.  A court reporter only records the formal part of a court proceeding.  A CART provider captions everything, including mention of noises or other audible events, so you can fully participate. 

 

• During a meeting or in the courtroom, if you are having difficulty understanding, even with an interpreter or other accommodation, inform your lawyer, the counselor or the court immediately.  If the problem cannot be fixed right then, you should consider asking that the meeting or court proceeding be rescheduled for a later date. 

 

• Attitude is extremely important.  Although it is easy to become frustrated, it is important for you to be patient and cooperative.  You need to be firm about meeting your needs but also understand that the judge has the authority to control what happens in the courtroom.

If you are aware of your needs, have basic knowledge of the court’s responsibilities and procedures, and are patient and persistent, you can be a good advocate for yourself.

CalCLAD together with its Deaf Women’s Legal Project partners, Law Center for Families and Deaf Women Against Violence, are working with our local courts in Alameda, Santa Clara, Contra Costa and San Francisco counties to help make them more responsive to your needs.  Let us know if you experience any problems. 

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Know Your Rights:  Adult School Access

By Ken Kresse, Executive Director (2003)

Question:     I have registered for an accounting course offered by an adult school here in California.  The course consists of several hours of classes every weekday for six months.   I am deaf and I need a sign language interpreter for these classes.  Is the adult school required by law to provide one for me?

Answer:        Adult schools are typically part of a public school district.  Like all other schools in California, public or private, adult schools must follow anti-discrimination laws, including those protecting deaf and disabled people.  There are several state and federal laws that prohibit schools from discriminating against the deaf.  The obligations are similar for all these laws.  Public adult schools must comply with no less than four of these because public school districts receive both state and federal money to operate.  Having a school covered by more than one law gives the victim of discrimination more choices for filing a formal complaint.  The laws require a school to provide deaf and disabled students with an equal opportunity to benefit from its courses of study.  If an accommodation, such as an interpreter, is necessary to provide that opportunity, then the school must provide it unless to do so would be an “undue burden.”  What is an undue burden depends on each situation.  One factor is how big the school is and whether it has the funds or can get the funds to pay for an interpreter.  For an adult school, the resources of the entire public school district should be considered.  Many school districts employ sign language interpreters.  This may also be a potential resource for the adult school.   The school must make a good faith effort to arrange interpreters.  Even if the school does not have the funds to pay for all the interpreter services needed, the law still requires the school to provide interpreters or other effective accommodations to the extent the school can obtain the funds to do so.

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Know Your Rights: Employment Discrimination

By: Jennifer Pesek, Staff Attorney (2003)

Q.  I think that my employer discriminated against me and I want to complain.  Who do I complain to and are there any deadlines?

A.  If you think that you have been discriminated against in your job, there are many different government agencies that will take your complaint.  Different agencies handle different kinds of complaints.

1.         EEOC:  The Employment Equal Opportunity Commission (EEOC) is a Federal agency that handles complaints of any employee who believes that their employer has discriminated against because they are disabled.  (The EEOC also handles many other types of discrimination complaints as well).  If you wish to file a complaint with the EEOC you must file within 300 days of the day that the discrimination took place.  (Normally the deadline is 180 days, but California laws give us extra time to file).  For information on how to file this complaint call 1-800-669-6820 (TTY).  Or go to http://www.eeoc.gov/.

2.         OCR:  The Office of Civil Rights (OCR) is a Federal agency that has the responsibility to make sure that all people have equal access to government services and programs.  If you work for an employer that receives Federal funding, (such as a school or university), you are protected by a law called the Rehabilitation Act of 1973, Section 504.  This law says that no employer receiving Federal funding may discriminate against an employee because they are disabled.  If your employer receives Federal funding and you feel that you have been discriminated against, you may file an OCR complaint.  However, you must file your complaint within 180 days of the day that the discrimination took place.  For information on how to file this complaint, call 1-800-537-7697 (TTY).  Or go to http://www.hhs.gov/ocr/index.html.

3.         OFCC:  The Office of Federal Contract Compliance (OFCC) is a Federal agency.  If your employer receives a contract from the Federal government then you are protected by a law called the Rehabilitation Act of 1973, Section 503.  This law says that no business that receives a contract from the Federal government can discriminate against an employee because they are disabled.  If your employer has a contract with the Federal government and you feel that you have been discriminated against, you may file a complaint with the OFCC.  Complaints must be filed within 300 days of the day that the discrimination took place.  For more information on how to file this complaint, call 1-877-889-5627 (TTY).  Or go to http://www.dol.gov/esa/ofcp_org.htm.

Q.  What if my employer has discriminated against me many times, do I have to file a complaint for each time?

A.  It depends.  There U.S. Supreme Court just decided a case on this subject.  The Supreme Court held that for EEOC complaints there must be a complaint filed for each act of discrimination, with the 300 day time limit applying to each complaint.  The only exception to this rule is if you are claiming that your employer created a “hostile environment” for you.  However, this is a very specific legal claim and you should check with a lawyer to see if you can successfully make this claim.

Remember that besides the ways listed above, you can always file a private lawsuit against your employer.

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Discriminate against me = Lawsuit?

By: Jennifer Pesek, Staff Attorney (2003)

Question:  I’m being discriminated against and I need to stand up for my rights.  The best thing for me to do is to start a lawsuit, right?

Answer:  Not always.  This month’s know your rights article explores the good and the bad of lawsuits and what you should expect.  What are the alternatives to a lawsuit?  And when might the alternatives be better?

A lawsuit does many things.  A judge can give a direct order to force a business or an agency to change its practices.  A judge can fine the business or agency money for breaking the law.  Or a judge can award the victim some money for their suffering or discrimination.  However, not all of these things happen in every lawsuit.  Even if you win a lawsuit, the judge may not award you money.  Or the judge may only award you enough money to pay your lawyer.

Sometimes a lawsuit can get you money.  On the other hand, it can cost you a lot of anxiety, time and money.  A lawsuit is a risk and sometimes can take years before it is finished.  You need to consult someone about the pros and cons and decide if it is worth it for you.

But what are the alternatives?  If a lawsuit can be costly, what else would cost less but still get the job done?  Well, it depends on what your goals are.  If your goal is to make the business or agency stop discriminating against you or other deaf people, there are many ways to accomplish that goal.

There are state and Federal government agencies that are set up to enforce discrimination laws.  The U.S. Departments of Justice, Health and Human Services, and Equal Employment Opportunity Commission, as well as the California Department of Fair Employment and Housing are just a few of these agencies.  Each of these agencies will investigate complaints of discrimination.  Each agency focuses on a different kind of discrimination complaint, and each enforces the law in a different way.  Some agencies can file a lawsuit for you, some can request fines against a business that discriminates, and most agencies can negotiate settlements, trying to get a business or government service to stop discriminating.

Why are these alternatives sometimes better than a lawsuit?  A lawsuit can be a very effective tool when there is a large amount of money at stake or where many people have been hurt or discriminated against.  Many times, however, discrimination is an everyday occurrence.  It does not involve a large amount of money.  But that doesn’t make it any less important.  That is why our government has many ways of stopping discrimination that do not involve large lawsuits. 

Complaints through government agencies and small claims courts are low-cost tools that can be fast and effective ways to enforce the law and stop discrimination.  The next time you stand up for your rights, remember to consider all of the tools at your disposal.  Consult with a legal professional and decide which tool is the best one to get the job done.

      

Know Your Rights: Interations With Police Officers

By Jennifer Pesek, Staff Attorney (2004)

 

Q.        The other day I was walking down the street and a policeman waved to me and wanted to ask me a question.  He did not want to arrest me, it was nothing bad like that, it was just a question.  But it made me wonder, what are my rights with the police?

 

A.        You have many different rights with the police, sheriffs, and CHP.  People who have done nothing wrong can still have interactions with the police.  For example, a police officer could ask you about a crime you saw or may know something about.  A police officer may stop your car as part of a random check to see if you are driving after drinking alcohol.  So it is always good to know what your rights are.  There are two kinds of rights.  One is your general legal right; everybody has these rights, both hearing and deaf.  The second kind of legal rights we will call your ADA rights.  Deaf and hard-of-hearing people have a legal right to communication help with the police (such as interpreters, captioning, or written notes).  Let’s look at some of your rights in specific situations.

 

Q.        A policeman stops me on the street and wants to ask me a question.  He asks to see my driver’s license or other ID; do I have to show it to him?

 

A.        Yes.  A new decision by the United States Supreme Court has said that police are allowed to ask to see an ID, even if they are not arresting you, and even if you have done nothing wrong.

 

Q.        A policeman comes to my house and wants to know information about a friend of mine, do I have to answer his questions?

 

A.        No.  There is no law that requires you to answer questions when the police ask them.  You can always refuse to answer questions.

 

Q.        I have seen on TV that the police are supposed to “read my rights”.  If they came to my house to ask me questions do they need to “read my rights”?

 

A.        No.  When you see a policeman on TV “reading rights”, the person on TV is being taken into custody.  What is “custody”?  When the police suspect that a person has done something wrong, they can force that person to come down to the station to ask him questions, or the police can arrest him.  Either way, he is being taken into police “custody”.  The police are required to tell people their rights in custody.  These are also called the Miranda Rights.  The Miranda Rights say that you can always refuse to answer questions.  If you want a lawyer, you can have one.  If you can’t afford to pay for a lawyer, they will get one for you for free (either a Public Defender or an appointed private lawyer).  If you do answer any questions, they can use your answers against you in court.  But if the police just come to your house and ask you some questions, you are not in custody.  They will not read your rights and you don’t have the right for them to provide a lawyer for you.  But, as always, you still do not have to answer any questions.

 

Q.        What if the police come to my house and I agree to answer questions.  What about an interpreter?  Using ASL is much easier for me.

 

A.        The police must accommodate your needs so they can communicate effectively with you.  If you are willing to answer their questions but you know that an interpreter will be much easier for you than writing back and forth, you should ask for one.  Unless the situation is urgent and their questions cannot wait for an interpreter to be present, the police should provide an interpreter for you.  You might make an appointment to go to the police station and have them provide an interpreter there or they may come back to your house with an interpreter. 

 

Q.        What if the police stop me when I am driving?  Do I have to talk to them or give them my driver’s license?

 

A.        The law says that you must show the police your driver’s license and your car registration when they ask you for these.  But you do not have to answer any questions if you don’t want to.

 

Q.        You are telling me that I do not have to answer any questions the police ask me, but I don’t want the police to think I may have broken the law or be mad at me.  How do I refuse and not get into trouble?  What if the police insist?

 

A.        You should always try to be polite and not get angry or get an “attitude” yourself.  You should say or simply write, “I do not want to answer any questions.”  If a police officer continues to ask or argues with you, you should ask him to leave (if your at home or work), or say, “am I free to leave?”  If you are not in custody, the law says the officer must allow you to go.  Always ask first.  You want to know if you are free to go, then you can shut your door or walk away.  Do not simply shut the door or run away, because doing that will give the police a reason to arrest you – you are acting like you have done something wrong.  Do not walk away until you have an answer from the police that you are free to go.

 

Knowing your rights helps make sure that there are no misunderstandings with the police.

 

Know Your Rights: "Self-Advocacy"

By Anthony Papalia, Paralegal (2004)

 

Question:  I understand that the Law Center has given presentations on “Self-Advocacy.”  I am not sure exactly what “Self-Advocacy” means, can you explain it to me?

 

Answer: Self-Advocacy means that you are standing up for your rights.  It means you become your own advocate and take action to get what you need or want or to stop others from doing something you don't like.  Our focus is to give some training on how deaf and hard-of-hearing people can be more effective self-advocates to get the accommodations they need to communicate, to confront illegal discrimination that may occur against them at their job, in getting services or even during recreational activities.  Our state and federal laws give you certain rights to access and to be free from discrimination.  To protect yourself, you need to know your basic rights and be able to advocate for them.  If you don't know your rights or don't advocate for yourself, you will lose your rights.  Self-Advocacy has its limits too.  You need to know when to when to stop and when to seek out others to advocate with or for you.

 Here are some Self-Advocacy tips:

 

1. Know the facts about the discrimination.  Exactly why and how were you discriminated against?  Are there co-workers, friends or other people who saw or knew what happened?  Are there any papers, letters, written notes, TTY tapes or e-mails that show what happened and what was said or communicated?
2. What do you want to see happen?  How do you want the situation corrected?  Make sure you know WHAT you want, WHEN you need it, and HOW you are going to go about getting it.
3. Know WHO the discriminator is.  Is it an individual, organization, business, or a governement agency?  What is the name and position of the person who discriminated against you?  Who has the power to correct that person’s mistake?
4. Be sure to keep a copy of all important papers related to the problem and a record of all the conversations between you and the discriminator.  Include dates, times, places and contact information about the people involved.
5. Know your basic legal rights. EDUCATE yourself.  You don't need to go to law school; you don't need to know the fine points of the law.  But there are some some basic rights you have as a deaf or hard-of-hearing person, and you should know them.  You need to have a good idea about what obligations that person or business has toward you as a deaf or hard-of-hearing person.  Finally, you should know what YOUR RESPONSIBILITIES are in protecting your right to access and to be free from discrimination.
6. Know some basic information about how, when and where to make a formal complaint. 
7. Be smart, curteous and professional.  You can be firm but don’t make threats.  Also, be HONEST.  You can make reasonable assumptions about facts, but don't guess and NEVER lie about the facts.
8. Be FLEXIBLE.  Know when to NEGOTIATE and be aware of what COMPROMISE or ALTERNATIVE you might be willing to accept. When it is appropriate, you be the teacher.  Many times, people are IGNORANT of their obligations and simply need to be informed.  Be willing to give information to the individual or business can obtain equipment or services that you need or where they can get information that will confirm what you say.
9. You need to know WHEN and WHERE to get information and other help.  You need to be willing to contact a lawyer or advocate or the government agency that will accept and try to resolve your complaint.  Contact the California Center for Law and the Deaf if you need further help.  We are here to serve you.  Visit our Website at www.deaflaw.org.  It has information about your legal rights. 
10. Don't wait to stop the discrimination against you.  Those who sit on their rights LOSE them.  If you allow someone to discriminate against you, remember they are likely to discriminate again, either against you or another deaf or hard-of-hearing person.  So don't just sit there, go to it!  
 

Know Your Rights: Bills, Bills, Bills . . . Legislation that will Impact Deaf and HoH

By Ken Kresse, Exectutive Director (2004)

 

The Law Center has been busy over the last several months working to protect your interests in Sacramento.  Here is a list of several bills that would impact services or rights of deaf and hard-of-hearing Californians.

 

• AB 1981 (Assemblymembers Wolk and Bates)  This bill would make clear that consumers participating in California’s Deaf and Disabled Telecommunications Program would have the option, in lieu of landline telephone equipment, to choose a mobile telephone or text-only device with accessibility features comparable to equipment already being distributed.  On April 14th, this bill was placed on suspense due to the cost impact on the DDTP and is now dead for this year.

 

• AB 2912 (Assemblymember Goldberg)  This bill would require all sign language interpreters be certified by RID, NAD, ACCI or equivalent January 2009. There would be exemptions for elementary and secondary school interpreters and court interpreters because other laws already require that they be certified, as well as limited exemptions for trainees and out-of-state certified interpreters.  Expressly intended not to interfere with consumer choice.  On May 5th, this bill was placed on suspense due to the cost impact on the state university systems and is dead for this year.

 

• AB 1707 (Assembly Judiciary Committee)  This bill would raise minimum statutory damages a court will award for access/discrimination violations by private business or governmental agencies from $1,000 to $4,000.  There would be a partial exemption for small businesses.  This bill has passed the Assembly and is now in the Senate Judiciary Committee.

 

• AB 2171 (Assemblymember Benoit)  This bill extend the CBEST (state teachers exam) exemption for a Teaching Credential to prelingually deaf social workers who counsel deaf students.  Prelingually deaf teachers and counselors are already exempted.   This bill has passed the Assembly and on June 2nd, passed out of the Senate Education Committee and into Appropriations.

 

 

• AB 2394 (Assemblymember Dutra)  This bill would 1) extend the new (AB 1017 [2003]) sign language proficiency requirements for teachers at CSD to teachers of deaf kids in local school districts and county departments of education, and 2) require teachers at CSD to be paid salaries comparable to the local school district.  On May 5th, this bill was placed on suspense due to the cost impact on the state and is now dead for this year. 

 

• SB 1158 (Senator Scott)  This bill would require health plans to cover cost of hearing aids up to $1,000 for minors.  This bill passed the Senate on May 18th and is now in the Senate Health Committee.

 

• AB 2909 (Assemblymember Salinas)  This bill would require credentialed teachers of the deaf to provide educational assessments for deaf infants and toddlers and to provide services to them if specialized educational services are included in the Individualized Family Service Plan.  On May 26th, this bill passed the Assembly and is now in the Senate.

 

• AB 1801 (Assemblymember Pavley)  This bill would impose criminal penalties for interfering, hurting or killing a signal dog.  This bill has passed the Assembly and on June 7th passed out of the Senate Public Safety Committee.  It is now in Senate Appropriations.

 

There are three bills of interest in the Houses of the U.S. Congress.

 

• HR 3103 (Representative Ryun with 47 co-sponsors)  This bill would provide a federal income tax credit up to $500 per hearing aid (must be 55 or older or a dependent).  The bill is in the House Committee on Ways and Means.  S 2055 is Senate version, introduced by Senator Coleman on February 9, 2004.  It is in the Senate Committee on Finance.

 

• S.1248 (Senator Gregg with 14 co-sponsors) This bill would reauthorize the Individuals with Disabilities Education Act (IDEA).  It has passed the Senate and is in conference committee where it will be reconciled with the House bill, HR 1350.  There are several new provisions in the bills that would impact the education of deaf children.  Both bills, but particularly the House bill, contain many provisions that have met with opposition from parents and advocates for children.

 

• JOBS Act Amendment (Senator Dayton)  This amendment was approved by the Senate on May 11th and would allow a 50% tax credit to movie producers and theater owners for the costs incurred in making movies accessible to the deaf and hard-of-hearing.  Specifically, these costs include expenses associated with the movie captioning and are not limited to any type of technology, such as rear window captioning.

 

We encourage you to contact your state or federal representatives, as appropriate, to register your support or opposition to bills.  You can easily find information about state bills and even send comments to their legislative authors via the Internet at this Website;  http://www.legislature.ca.gov/port-bilinfo.html

 

For federal legislation, there are several Internet sites that will lead you to information on bills.  Here is one http://thomas.loc.gov/bss/d108query.html

 

 

Know Your Rights: Accommodations at Conferences and Workshops

 

By Jennifer Pesek, Staff Attorney (2005)

 

 

Question:  Sometimes I need to attend a conference or workshops, but I am unsure who is responsible for providing the ADA accommodations.  Is it the group putting on the conference, or the place where the conference is held?

 

Answer:  People go to conferences, workshops, and lectures for many reasons these days.  Sometimes people attend a training or conference to gain knowledge or skills needed for their work, or to pass an examination for a certificate or license or to maintain a certificate or license.  Sometimes people attend conferences just for fun, or for their hobbies.

 

Legal obligations to provide ADA accommodations, such as interpreters, captioning or ALD’s at conferences can be unclear because there are usually a couple of different businesses involved in presenting a conference.    But it’s important to figure out how to get your accommodations.  Conferences and workshops can teach you a lot, and can fun.  And you deserve to have equal participation!  So let’s take just a moment to look at getting your accommodations for conferences, workshops, or lectures.

 

Most conferences and exhibitions are presented by private businesses (either for profit or non-profit).  In putting on a conference, a business must comply with Title III of the ADA, and in California, the Unruh Civil Rights Act.  Conferences typically are held in hotels or public or private convention centers.  Hotels and private convention centers also must follow Title III of the ADA and the Unruh Act.  Public convention halls, such as the Moscone Center in San Francisco, must comply with Title II of the ADA, which applies to state and local government facilities.  So both the business putting on the conference and the hotel or convention center share a legal responsibility to make the convention accessible for you.

 

The business putting on the conference and the hotel or convention center should and probably will agree on which one of them will take on the accommodation tasks as part of the rental agreement.  For example, because current building codes require that large meeting rooms be equipped with ALD’s, the hotel would likely agree to supply them while the convention business would likely be responsible for distributing any requested headsets or neck loops.  It is also likely that the business putting on the conference will take on the responsibility of any needed real time captioning or providing interpreters.

 

Because the business or group putting on the conference is legally obligated and probably has the taken on most ADA responsibilities to provide accommodations, you should always make any request for an accommodation to it.  Make sure you make your needs known as early as possible, at least several weeks before the event if possible.  If attendees are allowed or required to register in advance, that is a good time to submit your accommodation request as well, even if there is no place for it on the registration form.  Make sure you get a confirmation quickly that they will provide the accommodations.  Never assume that an accommodation will be provided; get in touch with the business and ask.  If you are asking for amplification, an ALD, a loop system, or anything else that is connected to the site itself and you are not getting a clear response from the group putting on the conference or workshop, try contacting the hotel or convention site and see if it will follow through for you.   If you get a refusal or the run around and you want more help, contact the law center or obtain other local legal help early; don’t wait until right before the convention.

 

Remember, the ADA is a federal law, so even if the business putting on the convention is from out of state or even if the convention itself is out of state, the businesses or local government involved are still obligated to make it accessible.  Most states also have their own laws like the Unruh Civil Rights Act.

 

If your employer requires you to attend a convention or workshop as part of your job, your employer also shares a legal obligation to ensure that you are provided any needed accommodations for your participation.  This obligation is based on the nondiscrimination requirements in California’s employment laws and, depending on what type of employer you work for, federal law, such as Title I of the ADA, may also apply.  So if you experience problems in getting accommodations to attend a convention or conference as part of your job, you should be able to rely on your employer to help you and make sure that you get the accommodation needed to make your attendance a success.

 

Know Your Rights: Questions about Clubs and Camps for Kids

By Jennifer Pesek, Staff Attorney, 2005

 

Q:  Are the Boy Scouts required to provide my deaf son with an interpreter for Boy Scout camp?

 

A:  Most of the time, private clubs like the Boy Scouts or the Campfire Girls are not required to provide an interpreter.  Why is that?

 

The ADA requires that most public places provide accommodations like ASL interpreters.  Most of the time, Boy Scout meetings and camps are NOT public places.  Let’s look at that, and then we will discuss the exceptions.

 

The ADA says that most public places run by private businesses, both for profit and nonprofit, and by government agencies must provide accommodations.  But the law makes a specific exception for private clubs.  What is considered a private club?  Any group that has a restricted membership can be a private club.  The Boy Scouts of America has a few basic requirements for children to join and may deny membership if the requirements are not met.  This is a restricted membership, and the courts have decided that the Boy Scouts are a private club.  Another example of a private club would be a county club, where you must apply to be a member, and pay a fee for membership.  Other organizations like the Campfire Girls and the Boys and Girls Clubs of America are also private clubs.

 

The ADA may apply to activities of private clubs where the general public is invited, such as a store or museum, which are two activities that are run by Boy Scouts.  Most of the time, the Boy Scouts and other clubs meet at private houses or places and have camp activities where only members may attend.  However, when the Boy Scouts or other clubs have events or camp programs that are open to non-members, such as the National Scout Jamboree, the ADA may require them to accommodate a deaf member or visitor.

 

Q:  So what should I do if my deaf child wants to go to a summer camp or Boy Scout event?

 

A:  First, find out what group is running the camp.  Is it a members only group, like the Boy Scouts or the Boys and Girls Club?  Or is it run by a regular private business or a government agency?  For example, a day camp program run by Kumon (a private business that tutors kids after school and during the summer for a fee), or by the city of Alameda would be public, and they would have to follow the ADA.

 

If a private group, like the Boy Scouts, runs the camp or event, contact the group and ask them if the camp or event is open to non-members.  If so it is likely covered by the ADA which would require them to provide reasonable accommodation.  Of course, if you have any questions about a particular situation, look for help from CalCLAD or another legal service provider.

 

There are so many different kinds of businesses and agencies that have the responsibility to provide interpreters and other accommodations to the public; it can be easy to forget that there are exceptions to the rules.  Private clubs are one of the exceptions.  There are two other major groups that are excused from following the ADA.  Do you know what they are?  Stay tuned, because the next two Deaflink “Know Your Rights” will tell you all about them!

Know Your Rights: Questions About Video Relay Service

By Ken Kresse, Exectutive Director (2005)

 

Question:  Sometimes when I use video relay services (VRS), I have to wai