Office for the Deaf and Hard of Hearing

Transcription

1 Office for the Deaf and Hard of Hearing 2009 Edition published by the Office for the Deaf and Hard of Hearing Division of Long Term Care Department of Health Services 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 1

2 Alternate Format To obtain a copy of the Rights Handbook in alternate format, contact the Office for the Deaf and Hard of Hearing by phone: V or TTY Toll free; by Fax: ; or by carolyn.small@wisconsin.gov. Disclaimer The material provided in this handbook is general information on the rights of people with hearing loss to communication access. It is not inclusive of all the situations that people who are Deaf, Hard of Hearing or DeafBlind (D/HH/DB) will encounter in their daily lives. It is not an endorsement of any product or vendor displayed or credited in the handbook. Exclusion of a product or vendor does not suggest disapproval. Readers are encouraged to copy and share information in Wisconsin Rights Handbook, except for graphics that vendors have requested otherwise. Please credit the Wisconsin Office for the Deaf and Hard of Hearing (ODHH) when using materials Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 2

3 INTRODUCTION Deaf, Hard of Hearing, or DeafBlind? Wisconsin Rights Handbook is the first edition that has been developed by the Office for the Deaf and Hard of Hearing (ODHH) staff. This handbook is to provide a guide for creating a barrier free communication environment for: Deaf, Hard of Hearing, and Deafblind persons (D/HH/DB) Businesses Educational institutions Employers Government agencies Service providers The Handbook: Has four (4) parts, with topics alphabetized within each part: Part 1: Rights Part 2: Technology Part 3: Technical Information Part 4: Appendices Contents refer to: Civil rights laws on the state and federal levels Guidelines developed from successful ODHH experience with consumers Informs consumers on ways to agree on satisfactory accommodations Encourages all parties (hearing and D/HH/DB) to try and resolve communication issues through negotiation and/or mediation *Filing a complaint or lawsuit over an issue should be the last resort. For further information and assistance contact the Office for the Deaf and Hard of Hearing Regional Coordinator for your County. The ODHH welcomes website and handbook suggestions. Contact us at: Office for the Deaf and Hard of Hearing Division of Long Term Care Department of Health Services One West Wilson Street Room 451 PO Box 7851 Madison, WI V TTY Toll free carolyn.small@wisconsin.gov Fax: Wisconsin Relay Linda Huffer, Director Office for the Deaf and Hard of Hearing 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 3

4 Dedication This handbook is dedicated to Deaf, Hard of Hearing and DeafBlind citizens in Wisconsin. The staff of the Office for the Deaf and Hard of Hearing (ODHH) are priviliged to serve you. Acknowledgements This handbook has been adapted from the Michigan Division on Deaf and Hard of Hearing Rights Manual and used with permission. Their research and development of this project provides a wonderful model for other Deaf, Hard of Hearing, and DeafBlind agencies and commissions. We extend our heartfelt thanks Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 4

5 TABLE OF CONTENTS Introduction...3 Dedication/Acknowledgements...4 Table of Contents...5 Acronym Guide Access Symbols PART I: RIGHTS Rights of Persons Who are Deaf, Hard of Hearing or DeafBlind Federal and State Laws American Sign Language (ASL) Appropriate and/or Effective Auxiliary Aids and Services Suggestions for how to handle discrimination Public Accommodations: Interpreters and Auxiliary Aids Television Captioning...23 Emergency Announcements...23 Complaints Hearing Dogs Employment...25 Reasonable Accommodations Complaint Procedures...26 Using Sign Language and Oral Interpreters in an Employment situation Using Auxilary Aids in an Employment Situation...28 Transfer of Non-Essential Job duties Education...29 Public School Systems...30 State/Local/Private Colleges and Universities, and Other Post-Secondary Institutions Government State and Local Government Responsibilities under ADA Health Services...32 Americans With Disabilities Act (ADA)...32 Interpreters in the Health Care Setting...32 Tax Credits Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 5

6 Table of Contents Doctors, Dentists, Psychologist...33 Hospitals and Nursing Homes Meetings and Conferences...33 Landlord/Tenant Responsibilities Travel Services Hotels, Motels, Inns, Etc...35 TTYs and Amplified Telephones...35 Television Decoders...35 Safety Equipment Visual and Tactile Alerting Devices...35 Conferences or Events...36 Surcharge for Loan of Equipment...36 Removal of Architectural Barriers in Existing Hotel Facilities...36 New Construction and Renovation requirements Division of Vocational Rehabilitation Services...37 The Rehab Client s Responsibilities...37 Client Assistance Program Income Programs Social Security Administration...38 Other Income Programs Housing Rights of Deaf/HH/DB Persons in Private Housing New Construction...39 Responsibilities of Landlords, Condominium Managers, Homeowners, Associations & Building Owners...39 Filing Complaints About Public Housing Discrimination Law Enforcement Agencies Qualified Sign Language Interpreters Requirements of the Law The Law and the Rights of People Who are D/HH/DB and Emergency Telephone Access Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 6

7 Table of Contents 16. Courts Federal, State and Local State and Local...42 Federal Judiciary Lawyers/Attorneys Prisoners...44 PART II: TECHNOLOGY Hearing Aids...46 Hearing Aid Styles...46 Hearing Aid Types Questions to As Before Buying a Hearing Aid...48 Are Two Hearing Aids Better Than One? Cochlear Implants...49 How a Cochlear Implant Works Telecoils...50 Telecoil Interference...50 Automatic/Touchless Telecoils Purchasing a Hearing Aid With A Telelcoil Telecoils and Cochlear Implants Hearing Assistive Technology (HAT) Assistive Listening Systems Hardwired Personal Listening Devices Wireless Personal Listening Devices FM Systems Infrared Systems (IR) Induction Loop Systems (IL) ALS Applications Output Devices/Coupling Devices Microphones Soundfield Amplication Systems Alarms/Alerting Devices Wake-up Devices Paging Devices...58 Sound Signalers...58 Timer Devices Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 7

8 Doorbell Signalers...58 Table of Contents Warning Alarm Signalers...59 Weather Alert System...59 Emergency Warnings and Text Paging Systems Telephone/TTY Ring Signalers...61 Telecommunication Devices and Services...61 Amplified Telephones...61 Built-in Amplifiers...61 Portable Amplifiers Auxiliary Telephone Equipment Answering Machines...63 Voice Mail Transcription...63 Speaker Phones...63 Caller ID...63 Cell Phones...63 Choosing and Using a Cell Phone with Your Hearing Aid or Cochlear Implant Cell Phone Amplifiers Voice Over Internet Protocol (VoIP) Telephones for People with Both Vision and Hearing Loss Bluetooth Wireless Technology TTYs (Telecommunication Devices fro the Deaf)...67 Telecommunications Relay Services...67 Using the Relay Center to Make a TTY Call Making a Voice Call to a TTY User Voice Carry Over (VCO) Telephone How does Voice Carry Over Work? Using 2-line VCO Digital Cell Phone Compatibility with TTYs and VCO Phones...70 Captioned Telephone...70 CapTel Phone line CapTel Service...70 Wireless Telecommunications Pagers...71 Smartphones...71 Checklist for Choosing the Right Pager/Smartphone Device Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 8

9 Table of Contents Video and Internet Relay Services Internet Protocol Relay (IP Relay) Video Relay Service (VRS)...73 Video Remote Interpreting (VRI) Speech-to-Text Services...74 Speech-to-Text Systems...74 Differences and Similarities in Speech-To-Text Systems...74 C-Print and TypeWell Captioning Laws Regulating Captioning Placing Captions on Videos Types of Captioning Exceptions Made by the FCC CART (Communication Access Realtime Translation) One-on-One CART Overhead CART Internet CART Speaker Image Captioning Broadcast Captioning Webcast Captioning PART III: TECHNICAL INFORMATION Membership Organizations National and State...79 National Association of the Deaf (NAD) Wisconsin Association of the Deaf (WAD) Hearing Loss Association of America (HLAA)...80 Hearing Loss Association of Wisconsin (HLAA-WI)...80 American Association of the Deaf-Blind (AADB) Other Membership Organizations Parents Education Guidelines...82 Early Identification of Hearing Loss...83 Determining Your Child s Needs Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 9

10 Table of Contents Continuum of Services (Educational Options)...84 Factors That Influence Choice of Educational Programs Classroom Acoustics...85 Acoustical Factors in Classrroms...86 Resources/Articles on Acoustics Funding sources for Hearing Aids and Hearing Assistive Technology...87 Funding for Hearing Aids Health Care Plan American Speech-Language-Hearing Association...88 Government Agencies...88 Department of Vocational Rehabilitation (DVR)...88 US Veterans Administration...88 Medicare...88 Wisconsin Medicaid- General Eligibility Wisconsin First Step WisLoan Program Katie Beckett Medicaid Eligibility Option Private Agencies ABC for Health AUDIENT Allicance for Accessible Hearing Care HIKE Fund, Inc. (The Hearing Imparied Kids Endowment Fund) Lions Affordable Hearing Aid Project (Lions-AHAP) Miracle-Ear Childrens s Foundation...91 SERTOMA International (SERvice TO MAnkind)...91 Starkey Hearing Foundation/ Hear Now...91 Sources of Funding in Wisconsin for TTYs Amplified Telephones, Captioned Telephones 91 Telecommunications Equipment Purchase Program (TEPP). 91 Telecommunications Assistance Program. 92 Sources of Funding for Both Adults and Children Civic and Service Organizations Hearing Aid & Cochlear Implant Funding Filing a Complaint Employment Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 10

11 Table of Contents ADA Title I...93 The Complaint Letter Rehabilitation Act of Section 501 of the Rehabilitation Act of Section 503 of the Rehabilitation Act of Section 504 of the Rehabilitation Act of Section 508 of the Rehabilitation Act of Section 188 of the Rehabilitation Act of Wisconsin Fair Employment Law...97 Public Services...98 ADA Title II: Public Services...98 ADA Title II: Public Transportation...98 Public Accommodations...99 ADA Title III...99 Telecommunications Relay Services ADA Title IV Telecommunications Products and Services Telecommunications Equipment Television Programming Other Laws Hearing Aid Compatibility (HAC) Television Decoder Circuitry Act Televised Emergency Programming Sources of disability Rights Information Federal Agencies Rules and Regulations Individuals with Disabilities Education Improvement Act Fair Housing Amendments Act of Air Carrier Access Act of Voting Accessibility for the Elderly and Handicapped Act Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 11

12 Table of Contents National Voter Registration Act of Architectural Barriers Act of Civil Rights of Institutionalized Persons Act Hearing Care Professionals Audiologists Hearing Aid Dealer/ Hearing Instrument Specialist Otologist/Otolaryngologist/Ear Nose & Throat (ENT) Physicians Finding a qualified Audiologist or Hearing Aid Dealer Communication Services Sign Language Interpreter Types of Sign Langauge 113 Interpreter Specialities.113 Oral Interpreters/Oral Transliterators Tactile Signing. 113 Cued Speech..113 Signed English Codes/Systems..113 Interpreting Credentials Code of Professional Conduct Principles of Ethical Behavior Computer Access Realtime Translation (CART) Situations Where CART is Used Benefits of CART CART Reporter Credentials Consumer Bill of Rights Legal Aid Where to Find Legal Aid in Wisconsin The State Bar of Wisconsin Legal Aid Programs and Services Community Dispute Resolution Program (CDRP) Centers Division of Vocational Rehabilitation (DVR) Accessing DVR Determining if you are eligible for DVR services DVR Services Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 12

13 Table of Contents 35. Wisconsin Telecommunications Realy System What You Can Expect From a Communication Assistant (CA) Using Telephone Services With The Relay Tax Incentives for Improving Accessibility Disabled Access Tax Credit Tax Deduction Using Annual Incentives State of Wisconsin Government Services PART IV: APPENDIX Appendix A: Sample Letter Requesting a Sign Language Interpreter Appendix B: Request Form for Accommodation in Court System Appendix C: Sample Complaint Letter for Refusal of Interpreter Appendix D: Sample Complaint letter for Refusal of Workplace Accommodation Appendix E: Title II Discrimination Complaint Form Appendix F: Rider Complaint Form Rights Dictionary Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 13

14 ACRONYM GUIDE ACRONYM DEFINITION AADB ADA ADAAG ALD ALS CAP CapTel CART CDHH C-PRINT db DB D/HH DHS DVR EEOC EMI ENT FCC FHA IDEA IP HLAA HLAA-WI HUD IPE American Association of the Deaf-Blind Americans with Disabilities Act (Federal law) ADA Accessibility Guidelines Assistive Listening Device Assistive Listening System Client Assistance Program Captioned Telephone Communication Access Realtime Translation Center for the Deaf and Hard of Hearing Computer Caption Print Decibel DeafBlind Deaf/Hard of Hearing Department of Health Services (Wisconsin) Division of Vocational Rehabilitation Equal Employment Opportunity Commission Electromagnetic Interference Otolaryngologist (Doctor who specializes in ears, nose and throat) Federal Communication Commission Fair Housing Act (Federal law) Individuals with Disabilities Education Act Internet Protocol Hearing Loss Association of America (Formerly, Self Help for Hard of Hearing People) Hearing Loss Association of Wisconsin Housing and Urban Development Individualized Plan for Employment 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 14

15 ISDN NAD Integrated Services Digital Network National Association of the Deaf ODHH RID SSA T-COIL TDI TTY TV UFAS VCO VOIP VP VRI VRS WAD WisRID WITA WFEA or WFEL WTRS Office for the Deaf and Hard of Hearing Registry of Interpreters for the Deaf Social Security Administration Telephone coil Telecommunications for the Deaf, Inc. Telecommunication Device for Deaf or Hard of Hearing Television Uniform Federal Accessibility Standards Voice Carry Over Voice Over Internet Protocol Video Phone Video Remote Interpreting Video Relay Service Wisconsin Association of the Deaf Wisconsin Registry of Interpreters for the Deaf Wisconsin Interpreting and Transliterating Assessment Wisconsin Fair Employment Act or Wisconsin Fair Employment Law Wisconsin Telecommunications Relay System 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 15

16 ACCESS SYMBOLS Access symbols are intended to promote and publicize accessibility of places, programs and other activities of people with various disabilities. Symbols appearing on this page are nationally recognized access symbols for Deaf/HH/DB. These symbols sometimes appear with a white image on a black background as they are easier for people with low vision to see. Note: Other symbols that appear in this handbook have been created by the authors and are not nationally recognized access symbols. Access for Individuals Who are Blind or Have Low Vision Used to indicate access for guided tours, tactile tours, museum exhibitions that may be touched, and nature trails or scent gardens in a park. Audio Description Uses a trained Audio Describer who offers live or recorded commentary or narration (via headphones and a small transmitter) for concise, objective descriptions of visual elements of video and theater performances or a visual arts exhibit. A service for people who are blind or have low vision. Telephone Typewriter (TTY) A device used with the telephone for communication with and between Deaf/Hard of Hearing/ DeafBlind and speech impaired and/or hearing persons. Also known as a text telephone (TT), or telecommunications device for the deaf (TDD). Volume Control Telephone Indicates the location of telephones that have handsets with amplified sound and/or adjustable volume controls. Large Print Indicates materials are printed in 18 point or larger text. Used to indicate that large print versions of books, pamphlets, museum guides, theater programs and conference or membership forms are available. Information Symbol Used on signage or on a floor plan to indicate the location of information or security desk. Indicates more specific information or materials concerning access accommodations and services is available. Closed Captioning (CC) Indicates a choice for whether or not to display captions for a television program or videotape. Braille Symbol Indicates that printed material is available in Braille, including exhibition labeling, publications and signage. Assistive Listening Systems Indicates systems are available that transmit amplified sound via hearing aids, headsets or other devices. Includes infrared, induction loops, and FM systems. Sign Language Interpreter Indicates sign language interpretation is provided for a lecture, tour, film, performance, conference or other program Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 16

17 Part I Rights 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 17

18 1. Rights of Persons Who are Deaf, Hard of Hearing or DeafBlind People who are Deaf, Hard of Hearing or DeafBlind (D/HH/DB) have a right to clear and effective communication so they can understand and be understood. Effective communication means that people who are D/HH/DB are given exactly the same information that people who can hear are given and that result in equal access. This right is stated in numerous federal and state laws, the most well known being: Americans with Disabilities Act (ADA) 42 USC of 1990 (P.L ) - (Federal law) Title I Prohibits discrimination in all employment practices, conditions, and privileges of employment for employers having 15 or more employees. Title II Prohibits discrimination against qualified individuals with disabilities in all state and local government programs, activities and services of public entities. Title III Covers places of public accommodations including, but not limited to: hotels, restaurants, theaters, doctors offices, pharmacies, lawyers, retail stores, museums, libraries, parks, private schools and day care centers. Title IV Requires that telephone companies provide telecommunication relay services that allow individuals with hearing or speech impairments to communicate using a TTY or other non-voice device. Also requires that all television public service announcements produced or funded in whole or in part by the Federal government include closed captioning. Employers, state and local governments and places of public accommodations are required to provide appropriate auxiliary aids and services that result in effective communication upon request. The Rehabilitation Act of 1973 Section 504, 29 USC 794 (Federal Law) This act focuses on nondiscrimination by stating that no individual with a disability can be denied access to any program or activity that receives federal funds because of his/her disability. Programs that receive federal funds must be barrier free and must provide "reasonable accommodations" such as interpreters, assistive devices, transportation, etc., when needed. Wisconsin Apprentice, Employment and Equal Rights Programs Chapter 106 (State Law) Prohibits discrimination against persons with disabilities in apprentice programs, employment programs, and equal rights programs in housing, public places of accommodation or amusement, postsecondary education, education. Wisconsin Fair Employment Law: Sections of the Wisconsin Statutes (State Law) 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 18

19 Provides that it is unlawful for employers, employment agencies, labor unions, and licensing agencies to discriminate against employees and job applicants because of disability. Under these laws, people who are D/HH/DB, have a right to a qualified sign language interpreter, auxiliary aid, and/or other service(s) to achieve effective communication so they can benefit from the same services other people receive. American Sign Language (ASL) ASL is a manual language separate from English (or any other spoken langauges) and whose idioms and concepts cannot be directly translated to English. ASL sentences, grammar and syntax are different than English. ASL is as much a foreign language to English speaking persons as is French or German. ASL sentences do not follow English word order. Direct translation of English, as with written notes, into ASL may not necessarily give the right message. A person who is D/HH/DB, should always be asked what type of auxiliary aid and/or service is necessary to ensure effective communication. Some examples are: Appropriate and/or Effective Auxiliary Aids and Services A certified/qualified sign language interpreter An oral interpreter Clear line of sight to the interpreter Communication Access Realtime Translation (CART) Amplified sound equipment A quieter room Assistive listening systems/devices Telephones compatible with hearing aids Telephone handsets that are amplified (makes louder) Telecommunication devices for deaf persons (TTYs) Notetakers Captioned videos Brailled or enlarged material How will you know if you have been discriminated against? Ask yourself the following questions: Was I treated differently from a person without a disability? Was I treated fairly? If you believe you were discriminated against, how should you handle it? In a calm and composed way, try to solve the problem. What You Should Know 1. An employer is not required to provide a reasonable accommodation that will impose/result in an undue hardship to the business. 2. An auxiliary aid that may be useful in one setting may be useless in another setting or to another person. 3. Individuals who are D/HH/DB do not have to pay for an interpreter, auxiliary aid and/or other services. 4. Personal hearing aids are not considered a reasonable accommodation. Suggestions for how D/HH/DB can handle discrimination If you yell or are nasty, people will not listen to you. They will only remember that you yelled and were nasty Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 19

20 Tell the person responsible for the discriminating about your hearing loss (D/HH/DB). Tell the person why you feel the discrimination is unfair. Tell the person what kind of help you need. Offer to help in getting rid of the discrimination. Make notes of the date, time & location of the discrimination and the name and title of the person responsible. If you feel you have been discriminated against, try resolving the problem with the appropriate person(s). If this isn t effective, you may need to file a complaint. See Part III. If you have been discriminated against and cannot solve the problem yourself, contact: Office for the Deaf and Hard of Hearing (ODHH) Division of Long Term Care Department of Health Services One West Wilson Street Room 451 PO Box 7851 Madison, WI TTY Toll Free V Fax: linda.huffer@wisconsin.gov Website: Filing a complaint for discrimination The specific law violated determines: >The time-frame for filing a complaint. >The government agency the complaint is filed with, >The process for filing the complaint, To determine where and how to file a complaint, see Part III. To review a sample complaint letter, see Part IV Appendices C & D 2. Public Accommodations: Interpreters and Auxiliary Aids Title III of the Americans with Disabilities Act (ADA) says places of public accommodation must give persons who are D/HH/DB equal opportunity to participate in and benefit from their services by providing auxiliary aids and/or services to ensure effective communication. Places of public accommodation must change their policies when necessary to provide equal access to services and buildings. Example: Allowing a customer to take a service animal into a business. Note: Private clubs are not covered by the ADA, except to the extent the facilities of the private club are made available to customers or patrons of a place of public accommodation. Places of public accommodation include over five million private establishments. This includes both profit and non-profit establishments regardless of their size Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 20

21 Examples of places of public accommodations include: Amusement parks Hospitals Private schools Attorney/lawyer offices Hotels, motels, inns Recreational programs Banks Insurance agencies Restaurants Bowling alleys Laundromats Retail stores Convention centers Libraries Shopping centers Day care centers Museums Social service agencies Dentists offices Optometrists offices Stadiums Doctors offices Parks Theaters Dry cleaners Pharmacies Zoos Health spas What You Should Know 1. The ADA requires removal of structural communication barriers that are in existing facilities, by installing: Flashing alarm systems (fire, etc.) Permanent signage Adequate sound buffers Entry systems that do not depend on hearing to operate 2. Whenever a school or education building is built or remodeled, the ADA Accessibility Guidelines (ADAAG) or the Uniform Federal Accessibility Standards (UFAS) must be followed: This includes: Public telephones Emergency warnings and alarms Assembly areas ALDs Elevators Signage Visual devices in sleeping rooms 3. Businesses may need to instruct employees to accept TTY Relay Center and/or other calls made through a relay service, even though such calls take longer to complete. A public accommodation is not required to provide an auxiliary aid and/or service if: If it can show that providing the accommodation will impose/result in an undue hardship. Undue hardship criteria: Decided for each case The accommodation is excessively: Costly Extensive (Far-reaching) Substantial (Large) Disruptive (Upsetting, hurtful) If the accommodation would fundamentally alter the nature or operation of the business Is undue hardship measured by the amount of income the business is receiving from a client, patient, or customer who is D/HH/DB? Undue hardship is measured by the cost to the overall operation. A business may be responsible for providing auxiliary aids/services even if it does not make a sale or receive income from a customer who is Deaf/HH/DB. Note: A place of public accommodation is required to provide alternate (another/different) auxiliary aid/service if there is one Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 21

22 Tax Credit The cost of interpreters and other auxiliary aids and/or services may entitle a business to an income tax credit, as well as the usual business-related expense deduction. For information contact: IRS Office of the Chief Counsel PO Box 7604, Ben Franklin Station Washington, DC V DC area, or Toll Free, or TTY Toll Free For technical assistance and additional information about how laws against discrimination apply to people who are D/HH/DB, contact any of the following offices: Office for the Deaf and Hard of Hearing TTY Toll Free Voice linda.huffer@wisconsin.gov Fax: DBTAC Great Lakes ADA Center U. S. Department of Justice--ADA Home Page National Association of the Deaf Law Center TTY/V Midwest Center on Law and the Deaf A local attorney A local enforcement agency 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 22

23 3. Television Captioning Emergency Announcements No matter what is being broadcast, if local broadcasters, cable operators, or satellite television (TV) services make an emergency announcement the information must be accessible to people who are D/HH/DB. Emergency announcements include: weather warnings school closings What You Should Know chemical spills large fires earthquakes flood warnings tornado warnings If an emergency announcement is provided by voice, it must also be provided in one of the following forms: open captions a scroll closed captions a crawl 1. Emergency announcements in the form of visual emergency information: a. Must include all the important details about the emergency and what the viewer should do b. Must avoid blocking closed captioning and, closed captioning must not block the emergency information Complaints If there are no captions or there is a problem with the captions when you know your TV set is OK, call your local TV station or cable company to check on the problem. For tips on emergency preparedness Find information and resources on the Community Emergency Preparedness Information Network website at The Community Emergency Preparedness Information Network (CEPIN) Project is coordinated by TDI and supported by Cooperative Agreement Number 2004-GT-T4-K008 administered by the U.S. Department of Homeland Security, Office of Grants and Training. Viewers may file a complaint with the Federal Communications Commission (FCC) if a broadcaster is not following the rules. Viewers may contact the broadcaster first, but this is not required. File a complaint with: Federal Communications Commission th SW Washington, D.C V / TTY Fax: / access@fcc.gov 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 23

24 4. Hearing Dogs Most people are familiar with Seeing Eye Dogs used by some persons who are blind. Hearing dogs are service animals that assist persons with other kinds of disabilities in their day-to-day activities. A trained hearing dog alerts the D/HH/DB person by touching him/her with a paw or nose, then leading him/her to the source of everyday sounds, such as: Smoke or burglar alarms Alarm clock rings An intruder Baby cries Door knocks Telephone/TTY rings Other household noises Wisconsin Statute (3) (am) prohibits a public place of accommodation or amusement from denying full and equal access or charge a higher price to a person with a disability or a service animal trainer accompanied by a service animal. Public places include: Apartment building Billiard parlor Elevator Inn, hotel, motel Restaurant Trailer park Barber shop Boat, train, taxi-cab Colleges, schools Movie theater Store Other Federal laws that protect the D/HH/DB person s right to be accompanied by their service dog in all places of public and housing accommodations are: Air Carrier Access Act of 1986, C.F.R Miscellaneous provisions, C.F.R Seat assignments, C.F.R (a)(3) - Seat accommodations. Protects a qualified person s right to fly with a service dog. Fair Housing Amendments Act of 1988, 42 U.S.C , Section Prohibits discrimination on the basis of disability in matters relating to housing. Complaints against public places that refuse admission of a hearing dog may be filed with Wisconsin s Department of Workforce Development, Equal Rights Division, or with the appropriate federal agency, i.e. U.S. Department of Justice. Lawsuits may be brought against persons who violate hearing dog laws or they may be criminally prosecuted under state and/or federal law. HARRASSMENT Per Wisconsin law ( ), a person who recklessly or intentionally interferes with the use of a service dog, injures a service dog, or allows his or her dog to interfere with or injure a service dog is subject to a Class B misdemeanor, a Class A misdemeanor, a Class I felony, or a Class H felony and can be prosecuted. The ADA and Service Animals The ADA defines a service animal as any guide dog, signal dog, or other animal individually trained to do some things that persons with a disability cannot do for themselves, such as: Alerting persons with hearing loss to sound Pulling wheelchairs Carrying and picking up things for persons with mobility impairments Assisting persons with mobility impairments with balance Guides persons with vision impairment to have safe travels For assistance in finding a list of organizations and trainers contact an Office for the Deaf and Hard of Hearing Regional Coordinator, for a staff directory Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 24

25 5. Employment The following laws protect qualified employees with disabilities against employment discrimination: Americans with Disabilities Act (ADA) - (federal law covers employers with fifteen or more employees) Wisconsin Fair Employment Act (WFEA) (state law covers all employers regardless of the number of employees) The Rehabilitation Act of 1973 Section 504 (federal law) Title I of the ADA covers a person who is qualified for a job. Qualified: able to perform the important duties of a job, with or without reasonable accommodations. Employers may not discriminate in any way in: The hiring process Recruitment Job duties Pay Training Promotions Benefits Time off Lay off Firing Or any other employment related activities What You Should Know What an employer cannot do in a hiring process: 1. Ask you questions about your hearing loss or other disability. 2. Force you to take a medical examination before the job is offered to you. 3. Refuse to hire you because you are D/HH/DB if you can do the important parts of the job with accommodations. 4. Punish you for trying to get your rights. 5. Discriminate against you because a person in your family, business, or social group is D/HH/DB or has another disability. What an employer can do in a hiring process: 1. Ask if you can do the job with or without reasonable accommodations. 2. Ask you to show how you will do the job, with or without reasonable accommodations. 3. Require you to pass a medical exam before you are hired or after the job offer, if other people being hired for the same kind of job must also take a medical exam. Reasonable Accommodation Reasonable accommodation is any change to a job or work environment, or the way things are done, that allows a qualified D/HH/DB person to have an equal employment opportunity. The ADA requires reasonable accommodation to: Ensure equal opportunity in the application process. Enable an employee to perform an essential function of a job. Allow an employee to enjoy equal benefits and privileges of employment Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 25

26 Examples of reasonable accommodations include: Flashing lights Computer modifications Job restructuring Reassignment to a vacant position When an employer feels he/she cannot provide the requested or preferred accommodation. Under both the ADA and WFEA, the employer is not required to provide a reasonable accommodation that will result in an undue hardship to the business. The employer must explain what accommodations would be too difficult or cost too much. An employee with a disability can refuse to accept an accommodation, aid, service, opportunity or benefit. However, if the employee cannot do the important functions of the job without the accommodation, he/she is no longer considered a qualifed individual with a disability. Undue hardship criteria: According to the ADA Undue hardship applies when an accommodation is excessively: Costly Extensive (Far-reaching) Substantial (Large) Disruptive (Upsetting, hurtful) Would fundamentally alter the nature or operation of the business According to WFEA - The employer would need to demonstrate that the accommodation would pose a hardship on the employer s program, enterprise or business. Hardship criteria is decided for each case individually. Complaint Procedures: Non-Federal Employees If you think your employer has discriminated against you because you are D/HH/DB, you have several choices: 1. Meet with the employer s ADA coordinator or human resource office to discuss the discriminatory action. If you and your employer cannot agree how to solve the situation, you can ask for a mediator (a neutral person), to try to solve the problem. 2. File a discrimination complaint in writing under the ADA or WFEA as soon as possible. A charge must be filed with the EEOC (ADA Title I) within 180 days from the date of the alleged violation. This 180-day filing deadline is extended to 300 days if the charge is also covered by a state or local anti-discrimination law. WFEA allows 300 days of the alleged discrimination for an employee to file a complaint Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 26

27 It may be easier for people who are D/HH/DB to meet with the EEOC or Equal Rights staff in person. Ask for an interpreter or assistive listening device when filing a complaint. Federal Employees Sections 501 and 504 of the Rehabilitation Act of 1973 require the Federal government to: 1. Hire and promote disabled employees. 2. Treat people who are D/HH/DB the same as other people. 3. Be willing to make reasonable accommodation so people who are D/HH/DB can do their job and have equal access to job benefits and activities. If a federal employee who is D/HH/DB is denied reasonable accommodations, he or she should file a complaint within forty-five days of the denial with the Equal Employment Opportunity (EEOC) office at the federal agency where he/she works. * Additional help may be available for both Non-Federal and Federal Employees from a union. The duty to provide reasonable accommodations includes the following workplace situations: Trainings Safety talks Employee benefits Counseling Career counseling Other employment-related activities The reasonable accommodations that must be provided will depend on: 1. The needs of the D/HH/DB person. 2. The requirements of the job. 3. The work environment. What You Should Know Reasonable accommodations may involve changes in procedures, such as: 1. Putting oral information in writing. 2. Scheduling staff meetings in advance so arrangements can be made for interpreter or ALD service. 3. Allowing an employee to have a trained signal dog at work. Using Sign Language Interpreters in an Employment Situation Effective communication is very important for successful job performance. Title I of the ADA and the WFEA require that reasonable accommodation must be made for employees with disabilities unless it would result in a hardship to the business. A sign language interpreter is an accommodation an employee may request. Interpreting involves translating the spoken word into sign language and vice versa to allow people who are D/HH/DB to communicate with hearing persons Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 27

28 Signing and interpreting These two words are often confused. Signing: An individual who knows sign language is someone who can function in only one language at a time without the ability to interpret from one language to another. Interpreting: An individual who has formal training in the process of interpreting between two different languages. ** For more information regarding interpreters and credentialing please see Communication Services in Part 32** For updates and current information on Interpreter certification, visit the ODHH website at or contact an ODHH Regional Office. Telecommunication Devices Using Auxiliary Aids in an Employment Situation Many jobs require employees to use the telephone. With TTYs and relay services, amplified and captioned telephones, and other recent changes in telecommunication equipment, an employee who is D/HH/DB can do their work successfully. Visual and Tactile Alarms When a fire or other alarm sounds, employees who are D/HH/DB may not know of the danger unless the alarm includes a flashing strobe light or a tactile vibrating device. What You Should Know 1. If other employees are allowed to use telephones for emergency and other important personal calls, a person who is D/HH/DB must also have a TTY, amplified or captioned phone to make such calls. 2. Safety features available to other people must be equally available to D/HH/DB employees. 3. Visual aids must be provided in buildings built after the ADA if emergency warning systems are used in a building. 4. Visual alarms or an alerting procedure must be provided when a person who is D/HH/DB is alone in a room, office, living or sleeping quarters Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 28

29 Transfer of Non-Essential Job Duties Job duties that are most difficult to accommodate for employees who are D/HH/DB are: Use of the telephone Communication with the public A reasonable accommodation for employees who are D/HH/DB is to transfer non-essential job duties: 6. Education Transfer telephone, and other job duties, to other employees Give employees who are D/HH/DB a variety of assignments Transfer some of the job duties to another job classification The following laws regulate school systems in Wisconsin: Federal Laws: Section 504 of the Rehabilitation Act of 1973 Americans with Disabilities Act Title II Individuals with Disabilities Education Act (IDEA) of 2004 State Law: Wisconsin Statute Chapter 115 Wisconsin law provides educational services for children with disabilities from birth to age twenty-one. Parents should contact their local school district as soon as a hearing loss is suspected or detected. Note: Parents have the right to request the type and form of education best suited to the needs of their individual child or children. When there is a disagreement about a child s educational plan or related service, parent s have problem solving resources available to them. A handbook for parents, Special Education in Plain Language is available on the Department of Public Instruction website at index.html. What You Should Know Telephone communication may be necessary for the school and parent to communicate directly about illnesses, schedules, discipline of a child, activities, and other problems. Public schools must be accessible to parents who are D/HH/DB Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 29

30 PUBLIC SCHOOL SYSTEMS D/HH/DB students, parents, and/or school employees are entitled to accessible buildings, auxiliary aids and/or services to benefit from school activities. The IDEA (federal law) requires public school systems to provide a free appropriate public education to children who need special services because they are D/HH/DB. The Office for Civil Rights, ADA, and Section 504 require that D/HH/DB students, parents, school employees, etc. be given access to all programs and activities offered by a school system. What You Should Know 1. Auxiliary aids and services may not be charged to D/HH/DB students, parents, school employees, etc. 2. School systems need to inform D/HH/DB people how to request auxiliary aids and/or services. 3. Failure to provide auxiliary aids or services including a qualified sign language interpreter is discriminatory. Programs and Activities Offered by School Systems* School board meetings Extracurricular programs Teacher conferences Recreational activities Social and cultural activities Adult education Summer school Hobby classes * This list is only a sample and is not intended to be inclusive. STATE / LOCAL / PRIVATE COLLEGES AND UNIVERSITIES, AND OTHER POST- SECONDARY INSTITUTIONS State, local and private colleges and universities, and other post-secondary institutions have obligations under both federal laws ADA and Section 504 to provide effective communication with both their hearing and D/HH/DB students. Colleges or universities receiving any federal financial assistance or loans must: Provide accommodations for D/HH/DB students. Follow civil rights rules for every program within the college or university. College Activities Extracurricular activities Off-site internships Activities open to the public Activities open to part-time students What You Should Know 1. Colleges may suggest students apply for benefits they are eligible for, including participation in a vocational rehabilitation program, however, they cannot require the student apply for these benefits. 2. If the student is not eligible for such services, the college or university is responsible for qualified interpreters and/or other auxiliary aids and /or services 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 30

31 7. Government STATE AND LOCAL GOVERNMENT RESPONSIBILITIES UNDER ADA Title II of the Americans with Disabilities Act (ADA) forbids discrimination by any public entity, including all types of state and local government agencies: Commissions Social service agencies Courts Councils Libraries Legislatures Recreational Facilities Schools State/county/city departments and agencies of all kinds The ADA applies to activities of the above entities and to the activities of subcontractors. Public entities must modify their policies and practices when necessary to prevent discrimination. Example: A facility with a no pets allowed requirement must modify that requirement to permit a person who is blind or D/HH to use a service animal. What You Should Know Local and state agencies and public entities are required to provide people who are D/HH/DB: Effective communication Equal access Equally effective services Local and state agencies and public entities must: Provide people who are D/HH/DB the opportunity to participate in their programs. Give people who are D/HH/DB the same opportunity to participate that is given to others. Provide auxiliary aids and services to give equal opportunity to participate and enjoy the benefits of a service, program, or activity conducted by a public entity. Ask the person who is D/HH/DB what type of auxiliary aid and/or service is necessary to ensure effective communication Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 31

32 8. Health Services AMERICANS WITH DISABILITIES ACT (ADA) The ADA states that hospitals, physicians and nursing homes have a federal obligation to provide auxiliary aids and/or services to patients who are D/HH/DB. Note: The Department of Justice does not allow a hospital, physician or nursing home to charge a patient or family member for the cost of the auxiliary aid. What You Should Know If your doctor/health care provider asks you to bring a family member or a friend to interpret, you should say NO. Family members and friends cannot be expected to be neutral and interpret everything they hear. They may be emotionally or personally involved with you and this affects their interpreting. Using family or friends as interpreters can cause problems with privacy and confidentiality that may negatively affect the ability to interpret effectively, accurately, and impartially. To protect you, the family member may not give all the information needed. You might not feel comfortable asking or answering some questions in front of a family member or friend. Family members or friends do not usually meet the qualification requirements of the law. Interpreters in the health care setting Federal laws do not require certification for interpreters. Federal laws require an interpreter to be qualified. A person who is not formally trained as an interpreter generally does not have the skills to function as a medical interpreter. Hospitals are strongly advised to use adequately trained interpreters to avoid the possibility of mistakes due to poor communication. The Department of Justice specifically cautions against the use of family members or friends as interpreters. Inpatient facilities must make their telephones, televisions and other services accessible and usable by people who are D/HH/DB. Tax Incentives for Improving Accessibility Tax credits may be available for the expenses of accommodating patients who have disabilities. The tax credit, established under Section 44 of the Internal Revenue Code, was created in 1990 specifically to help small businesses cover ADA-related eligible access expenditures. This credit, available only to businesses with thirty (30) or less full time employees or businesses with gross revenues under one million dollars annually, will greatly reduce the cost of such accommodations for physicians Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 32