Challenges in Education

Being a Deaf student attending a mainstream elementary or high school can be incredibly challenging.  Typical educational systems, whether public, charter, or private are not equipped to handle Deaf students.  While a parent or student can request a reasonable accommodation to allow them equal access to the general curriculum, oftentimes the accommodation is not the Deaf students preferred communication method. This can be challenging for young learners who will be required to learn a new technology to effectively communicate with school staff as well as school staff also being required to learn how to implement it.  You can’t just hand a student an alternative communication device and expect them to know how to use it; they must be taught by a school employee, such as a speech language pathologist or assistive technology specialist how to use it. 

In adolescence, we all have a want and need to socialize and engage with others—deaf individuals are no different, but when two people are communicating using different methods, nothing is going to be achieved beyond what can be said using written or visual communication.  This can leave deaf individuals feeling left out of social or educational opportunities at an early age and has driven a large part of the deaf community to build their own deaf culture, including deaf only residential schools.  While this may seem like a wonderful option to deaf individuals, it can also be incredibly challenging.  Imagine being able to have access to peers of the same age, the same communication modes, and strong, deaf role models (many teachers at these schools are deaf as well), only to have to leave your family in order to attend. 

In college, the same challenges are faced–being able to effectively communicate with others while not utilizing the same communication method; note takers and sign language interpreters are vital to deaf individuals to allow them to have a sense of equity while they pursue higher education. 

Challenges in Employment

When transitioning into the workplace, another challenge for deaf individuals is being able to secure employment.  Years ago, when telephone conversations were the norm, it would be nearly impossible for a deaf individual to secure an interview or position without an intermediary such as a teletypewriter (TTY) or sign language interpreter communicating on their behalf.  Thankfully, advances in technology have helped immensely with these issues.  Text to speech, real time transcription, in addition to  access to videoconferencing, word processing applications, and written communication have all helped level the playing field for deaf individuals. The ADA Title I provision states that no employer can discriminate against a Deaf individual and must provide reasonable accommodations for the recruiting and interview process and after employment has been secured.  Unfortunately, challenges like additional steps when scheduling interviews like securing interpreters or even unconscious biases by hiring managers can create a stressful situation for Deaf workers when trying to secure employment.  Even after employment is secured, when there is not a common avenue of communication, deaf individuals may feel like they are left out of interoffice communication which is a vital component to working on a team or interacting with others on the job.  Many miscommunications can occur when deaf people interact with hearing people, either through misreading lips, or nonverbal communication breakdowns.  These miscommunication breakdowns can lead to Deaf people feeling deaf stigma and ultimately becoming depressed or anxious about interoffice communication. 

Challenges in Interpersonal Relationships

This was touched on in the employment challenges a Deaf employee can experience, but a third challenge of being deaf in a hearing society is the stigma of being deaf and the mental health issues that can arise from it.  Various research has shown that deaf people are more likely to suffer from anxiety or depression. There is a constant internal tug of war for deaf individuals—the need to fit into a society that doesn’t normalize deafness and trying to carve out an identity within deaf culture.  While assistive technologies are available for Deaf individuals within our society to ease the communication challenges, including closed captioning, FM devices, cochlear implants, and sign language interpreters, they are often expensive and with technology, some can occasionally malfunction.  One positive aspect when dealing with mental health conditions for Deaf or hard of hearing individuals is inclusive mental health services, with therapists, psychiatrists, and counselors whose practice is specifically tailored to help Deaf individuals with their mental health. 

Conclusion

While major gains have been made in the inclusion of Deaf individuals into American society, the hard truth is that most of society as individuals do not have the skills or knowledge to bridge the communication gap so they can fully engage with a deaf person on an interpersonal level.  If you are ever in need of bridging the communication gap and creating an inclusive and accessible environment for all, reach out to Unspoken Language Services, a professional sign language interpreter service. 

Stephanie Erra

The post The Challenges of Being Deaf in a Hearing Society appeared first on Unspoken Language Services.

The Canadian Human Rights Act

Passed in 1977, the Canadian Human Rights Acts (CHRA) prohibits discrimination in many areas of public life.  It also allows accommodations for individuals with disabilities.  Discriminatory practices are defined by the CHRA as any denial of goods, services, facilities, or commercial or residential accommodations.  Globally, Deaf individuals face the most discrimination in the area of employment, with prospective employers fearful of the monetary costs of requested accommodations or because of subconscious biases. Just like Deaf Americans, Deaf Canadians are granted similar protections from employment discrimination by CHRA.  Discriminatory employment practices include refusing to employ Deaf individuals, excluding an individual from a full membership in an employee organization, limiting or classifying an individual in a way that would deny that individual employment opportunities, withholding or deducting wages from a Deaf worker, or assessing the quality of a Deaf employee’s work versus the work of a hearing coworker. The CHRA also explicitly states that employees can request accommodations and that employers shall provide practical accommodations, consulting with the employee to provide or arrange for accessible communication formats and/or support. 

The main purpose of the Canadian Human Rights Act is to make sure that all individuals have equality and inclusivity within Canadian society so they can live as they wish to live as well as have their needs accommodated.  Arguably, the biggest barrier for Deaf individuals is appropriate communication methods so that Deaf individuals can access the same information as hearing individuals.  Canada is a two-language country, and the Broadcasting and Telecom Regulatory Policy makes sure that all major English and French television networks caption 100% of their programming. 

Another way the CHRA is addressing barriers in communication is through the Integrated accessibility standards, specifically Part II: Information and Communication standards.  These standards allow for access to closed captioning for broadcasting programs and allow for accessible formats and communication support within public businesses.  Section 12 of Part II states that organizations shall, upon request, provide accessible formats and communication support in a timely manner at no cost.  Section 13 of Part II states that business organizations should have emergency procedures in place for individuals with communication needs and Section 14 of Part II states that websites and web content need to be accessible to individuals with disabilities.  This often refers to real time captioning of videos and audio descriptions.

Additional Protections for Deaf Individuals Living in Canada

Beyond the Canadian Human Rights Act, Deaf individuals fall under protection of the Canadian Charter of Rights and Freedoms. Passed in 1982, the Canadian Charter of Rights and Freedoms protects all basic rights of the people of Canada.  It ensures that the government doesn’t interfere with any rights or freedoms of Canadian citizens.  The rights guaranteed within the law include the right to certain protections and freedoms, including mobility rights, legal rights, educational rights, and equality rights.

Another protection is the Accessible Canada Act (ACA). Also known as Bill C-81, the ACA was passed in 2019.  It most closely resembles the United States Americans with Disability Act (ADA), and it specifically identifies Canadians with disabilities as their own distinct group, rather than grouping them with other ethnic or gender groups. Bill C-81 is a federal law and ensures equal access in the areas of employment, procurement of goods and services, the design and delivery of programs and services, information technology, communication technology, physical environments of buildings and transportation.  A priority area of the ACA is communication, and includes the use of American Sign Language, Quebec Sign Language, and Indigenous sign language.  Like Title II and III of the ADA, the ACA states that any private or public sector business must make reasonable accommodations for disabled individuals to access their facilities. 

The goal of the ACA is to be implemented in accordance with three principles.  First, that every individual be treated with dignity regardless of disability. Second, that every person has the same opportunity and is able to live the life they wish to live. Third, that everyone be able to fully participate in an equal society, including having equal say in laws, policies, programs, and services and that people with disabilities be consulted and involved in the development. 

The goal of the ACA is to see that all major businesses are completely accessible by 2040, which is a federal effort to make all facilities open to disabled people over the next two decades. One major component of the ACA are for businesses to complete accessibility plans.  These accessibility plans are company strategies for implementing accommodations and inclusionary practices so that all business can be accessible to Deaf people.  Another component of the ACA is for businesses to complete progress reports.  These reports detail the companies accessibility plan and are a way for companies to be held accountable for the work they are completing towards accommodation and inclusion of persons with disabilities, including Deaf individuals.

Conclusion

Discrimination protections for Deaf individuals look different in different countries, however the end goal for the United States, Canada, and ideally the world is to build an inclusive society and ensure equal access for all.  If you are ever in need of bridging the communication gap and creating an inclusive and accessible environment for all, reach out to Unspoken Language Services, a professional sign language interpreter service.  

Stephanie Erra

The post Deaf Rights in Canada: Navigating the Canadian Human Rights Act appeared first on Unspoken Language Services.

 The Equality Act Overview

The Equality Act is very similar to the ADA in the protections that it provides for Deaf or hard of hearing individuals in places of public accommodation.  The Equality Act mirrors the ADA in the areas of employment, education, telecommunication, health care, and public and private businesses.  The Equality Act protects Deaf individuals from direct discrimination, discrimination arising from a disability, indirect discrimination, harassment, and retaliation if a complaint is filed, and failure to make reasonable adjustments in order for Deaf individuals to have equal access to public accommodations. 

 Employment protections under the Equality Act

Under the Equality Act of 2010, Deaf individuals have the right to ‘access to work’.  ‘Access to work’, is a government funded grant that can assist employers with the cost of providing deaf workers with equal access and implementing reasonable accommodations.  The ‘Access to work’ grant can help pay for assistive hearing devices, deaf awareness training, note takers, lip readers, or even computer automated real time transcriptions.  This grant is an amazing step towards promoting true inclusion in the employment sectors, as often hiring supervisors are reluctant to hire Deaf employees due to a fear of additional costs that accompany making the business accessible to those with a different method of communication. 

 Educational protections under the Equality Act

The Equality Act aims to provide protections for school aged children, making sure that Deaf children are not discriminated against due to their Deafness.  The Equality Act expects schools to make reasonable accommodations to provide an inclusive learning environment so that Deaf children are active participants in daily learning, and provides expectations for the educational institution to actively promote equality of opportunities for deaf children.  The Equality Act also requires schools to think about the impact educational decisions regarding school policies and procedures have on Deaf students and their families. 

One major difference between the Equality act in the UK and the ADA is that the Equality act states that sign language interpreters are not mandatory when communicating with Deaf students or their families.  This has caused quite a bit of confusion and frustration amongst Deaf culture, as many Deaf individuals in the UK communicate through British Sign Language (BSL).  Only recently has legislation been drafted to include BSL interpreters as not only a reasonable accommodation, but a mandatory one for the sake of effective communication. 

 Telecommunication protections under the Equality Act

Telecommunications are very similar to those in the United States, with the UK utilizing a similar teletypewriter (TTY) system to provide equal access to daily communication for Deaf and hard of hearing individuals to their hearing family, friends, or others.  The program that is utilized for UK Deaf individuals is called Relay UK, and instead of a specialized phone that the Deaf individual would use, it is an app or computer based program that allows only text to speech through a relay operator.  Deaf individuals download the app, type the message that they wish to communicate, and a relay operator delivers that message to the hearing person. 

 Healthcare protections under the Equality Act

The Equality Act guarantees that health and social care services are available to all people with Deafness or hard of hearing.  While there are separate guiding documents and quality standards to ensure equal access, the Equality Act specifically states that your healthcare experience can be adjusted to include accommodations including alternative communication methods like using email versus phone to make and confirm health visits and providing communication support for appointments like sign language interpreters or speech to text options.  Another accommodation that should be readily available is to provide resources in alternative formats. 

 Because the UK makes up three separate countries: Britain, Wales, and Scotland, accessibility options greatly vary based on the country.  For example, Welsh standards are more extensive, including that Deaf individuals’ files be flagged so that health professionals working with them will be ready to provide alternative communication methods and the individual needs of the patient and that all staff should be trained in how to communicate with an individual with Deafness or hearing loss.  While these are the standards in Wales, they may not be the standard in Britain or Scotland.

 Equality Act protections for Deaf individuals in the public and private sector

The public and private services that are included under the Equality Act include movie theaters, restaurants, museums and galleries, transportation, and housing. If a Deaf or hard of hearing individual requests a reasonable adjustment so that they can access services and are denied, the Equality Act states that denial could be grounds for unlawful discrimination.   The Equality Act actually goes beyond ADA ability because in the US, movie theaters are not required to provide closed captioning for theatrical releases, despite it being a place of public accommodation.

Conclusion

While different countries are currently navigating the ways they can bring an inclusive society to all of their citizens, there will always be room for improvement until universal communication methods, like sign language interpreters, are commonplace. If you are ever in need of bridging the communication gap and creating an inclusive and accessible environment for all, reach out to Unspoken Language Services, a professional sign language interpreter service. 

Stephanie Erra

The post Deaf Rights in the United Kingdom: An Overview of the Equality Act appeared first on Unspoken Language Services.

Effective Communication in a Medical Office

The number one complaint when it comes to discrimination against Deaf or Hard of Hearing individuals in a healthcare setting is inappropriate or ineffective communication for the patient or the patient’s family. Effective communication is not a one size fits all situation; some individuals rely on sign language interpreters, some have assistive listening devices, some are lip readers and some rely on written or typed messages.

While ideally a healthcare provider or facility would flag a patient as having Deafness and be able to provide accommodations without a patient request, all medical offices should honor a Deaf individuals request for reasonable accommodation in their preferred method of communication (sign language interpretation, auxiliary aids, etc.), Unfortunately, ADA laws state that the communication method provided by the healthcare facility only needs to be effective.  Meaning that the patient and health care provider both understand what the other is communicating.  This could be as simple as writing notes, although, this can be timely and leave Deaf individuals seeking compassionate health care feeling like their personal communication needs regarding health care are inadequate.

The first step in establishing an effective communication method is to establish a strong relationship with a primary care physician (PCP).  Before a Deaf individual’s initial appointment, it is imperative that they reach out and request a reasonable communication accommodation and explicitly state that they are Deaf or Hard of Hearing, so that it is documented and going forward they have equal access to the healthcare environment.  This reasonable accommodation is patient specific and can include a qualified American Sign Language (ASL) interpreter or an oral interpreter.  It is important to note that a qualified ASL interpreter is an interpreter who is well versed in medical terminology and should be able to answer any follow up questions from the patient regarding diagnosis, treatment, or medications.

If you feel that an accommodation offered by a medical office is an ineffective method of communication, make sure to make your feelings known. While written notes or written pamphlets on health concerns the patient is having can be effective for some, if a patient is really suffering with a severe physical ailment, the last thing they would want to do is spend an extended amount of time reading and writing communication back and forth when an interpreter could do the same thing in a shorter amount of time.  Also, do not accept lip reading as effective communication.  Not all Deaf patients can read lips, and when dealing with important health matters, there should be no room for error.

Many healthcare facilities already employ universal accommodations that make medical facilities inclusive to all patients like providing aftercare instructions in written format, including visual medical aids, such as diagrams and models to explain maladies and providing pamphlets for common health concerns. In addition to in person communication accommodations, many healthcare facilities have made important changes that allow certain aspects of healthcare more inclusive for Deaf or Hard of Hearing individuals including the implementation of online appointment systems, electronic billing systems, telecommunication methods that allow for real timed captions and text to speech for Deaf individuals. 

Effective communication in a Medical Emergency

If a Deaf or Hard of Hearing individual finds themselves in an emergency situation where a trip to the hospital is necessary, effective communication becomes more extensive.  Title II and III of the ADA state that if an Deaf individual is injured and is transported from the scene of an accident, reasonable accommodation should be made to effectively communicate with the person until they reach the hospital; it is also best practice that EMS personnel call ahead to the hospital to make sure that a sign language interpreter is available for the individual so that doctors are able to accurately assess a patient’s physical status on arrival, because when there is an emergency, every minute counts. 

The same goes when a Deaf individual visits the hospital for an emergency.  They will need to request a sign language interpreter so that the medical staff and the patient can engage in effective communication.  Most hospitals have sign language interpreters available on call to help reduce wait time for effective communication. This is why most Deaf of Hard of Hearing individuals are more likely to utilize emergency room care services for routine health care matters; without an interpreter, miscommunication can occur. A meta study of effective communication between Deaf or Hard of Hearing individuals indicates that receiving a preferred method of communication can result in shorter lengths of hospital stays, fewer readmissions, better treatment adherences, fewer diagnostic tests, better healthcare outcomes and better patient health care satisfaction.  After learning this, why wouldn’t healthcare facilities want to invest in the most effective alternative communication method?

Conclusion

Universal training of medical professionals to communicate and treat Deaf or Hard of Hearing individuals, a better understanding of individuals with communication needs, and documentation of a patient records with notation that communication accommodations will be required are all great starts to make healthcare more accessible for Deaf individuals and improve healthcare for Deaf individuals universally.  If you are ever in need of bridging the communication gap and creating an inclusive and accessible environment for all, reach out to Unspoken Language Services, a professional sign language interpreter service.  

Stephanie Erra

The post Deaf Rights in Healthcare: Understanding the Laws that Protect You appeared first on Unspoken Language Services.

The Benefits of Technology in Education

While there are Deaf day or residential schools where Deaf students receive a rich and inclusive education, not all Deaf students are available to attend these schools.  This leaves a huge need for assistive technology for students attending mainstream schools to be able to have equal access to the curriculum.  Technology advances have helped level the playing field for a multitude of Deaf or Hard of Hearing students.  One advance includes Augmentative and Alternative Communication (AAC) Devices, which is a picture or text to speech option for students to effectively communicate using an iPad device. These are readily available in schools and would be an appropriate accommodation for younger students who are working on their communication skills.  As students matriculate through the grades, the technology that can support them changes, and we begin to see Deaf or Hard of Hearing students utilizing loop or FM systems, which are assistive technologies that allow a student to hear what the teacher is saying through a hearing aid or other assistive listening device; while these systems can be pricey and place an undue burden on the school district if requested, a third, less costly option would be a real time speech to text program that allows for transcription of what the teacher is saying.  This would be a reasonable accommodation and many school laptops or iPads can be loaded with these programs.  The last type of technology that can help a Deaf or Hard of Hearing student experience an inclusive educational environment is the use of alerting systems, like lighting alerts to go with fire alarms or other schoolwide drills.  And as a reminder, these technologies should be provided free of charge by the school district as a reasonable accommodation for a Deaf student so that they can appropriately access the general curriculum and experience inclusivity.

The Benefits of Technology in Employment

The impact COVID-19 had on the employment sector opened up new ways of interoffice communicating, especially with a majority of companies integrating video conferencing into their workdays, like Zoom or Microsoft Teams.  Even now that most COVID-19 safety precautions have been lifted, some businesses have decided to keep the videoconferencing as it is more time efficient, while being more cost effective and more convenient to employees.  This is great for Deaf individuals because many of these programs offer real time captions which allow Deaf workers to participate fully in work conversations or team decisions without drawing attention to their Deafness.  And these videoconferencing applications can be used even if Deaf workers have returned to work in person.  It just allows them to take in all the information in a written form, which before this technology, would require a sign language interpreter or speech to text applications which could lead to communication fatigue because of the additional steps required to translate from one language, American sign language (ASL) to English.

The Benefits of Technology in Deaf Communities in Daily Life

One of the biggest benefits of technology for Deaf communities has been the rise in video calling programs such as Apple FaceTime or Google Meet.  These programs, depending on what platform you are using, whether it be computer or smartphone, allow Deaf users to interact with each other and hearing individuals, when before they had to use teletypewriters (TTY), which were effective but very impersonal.  Being able to see the person you are communicating with and use your preferred method of communication, whether that be ASL, lip reading, or a combination of speech to text has revolutionized the way Deaf individuals communicate with each other and hearing individuals. 

Another benefit of technology is the rise of social media, which allows members of the Deaf community a place to connect with each other and members of the hearing community, which helps reduce stigma regarding Deafness.  Unfortunately, many hearing people have misconceptions regarding communicating with Deaf or Hard of Hearing individuals, so having social media pages that educate people on Deaf culture can increase positive communication between Deaf and hearing individuals. 

Making Technology more inclusive

Technology advances in the 30+ years since the ADA was originally drafted and signed into legislation has completely revolutionized the Deaf community and increased access to inclusive environments in education, employment and day to day living.  However, there are still areas of improvement to truly make these technologies more accessible to Deaf users.  First, there are no regulations regarding internet content, specifically video content available on social media or YouTube, the largest video content website out there.  While YouTube does provide closed captioning on some videos, it does not meet telecommunication standards of title IV of the ADA, which states closed captioning should be 99% accurate.  Other complaints from the Deaf community regarding technology include that gaming or social media apps do not include any sort of written communication to access games which significantly limits Deaf individual’s abilities to interact with these programs.

Conclusion

While many gains in technology have provided more inclusivity in the daily lives of Deaf individuals, there are still gaps that need to be addressed.  If you are ever in need of bridging the communication gap and creating an inclusive and accessible environment for all, reach out to Unspoken Language Services, a professional sign language interpreter service. 

Stephanie Erra

The post Disability Rights and the Deaf Community: The Role of Technology in Promoting Inclusion appeared first on Unspoken Language Services.

Americans with Disabilities Act

The Americans with Disability Act (ADA) ensures that no Deaf or hard of hearing student will be discriminated against based on their Deafness or hard of hearing by an educational institution.  The ADA states that schools provide the same educational opportunities, extracurricular activities, and access to special events to Deaf children as they do to hearing students. In addition to that, the ADA states that Deaf children are allowed reasonable accommodations to access the educational environment. These accommodations include alternative communication methods.  It doesn’t have to be the preferred method, it just has to be effective.  ADA protection also extends to the immediate family of a Deaf or hard of hearing child, including sign language interpreters on request for any parent or teacher conference. 

Section 504 of the Rehabilitation Act

Section 504 of the Rehabilitation Act is another piece of legislation that helps decide if an individual with Deafness or hard of hearing requires additional accommodations within an educational setting.  Section 504 forbids any public or private educational institutions from excluding qualified individuals with Deafness from programs or services.  It also forbids educational institutions from denying Deaf students equal opportunity to receive a free and appropriate public education (FAPE).

The plans drafted under Section 504 create communication norms to allows equal access and inclusion for all Deaf and hard of hearing students.  They also allow for accommodations to be utilized within the classroom environment.  These accommodations can be high tech, like augmentative and alternative communication (AAC) devices, hearing aids, and FM devices, or they can be low tech devices like core boards, visuals, and preferred seating that help Deaf and hard of hearing children communicate their wants and needs. 

A 504 plan allows for a bit more fluidity when it comes to accommodations, because now the student is requiring additional support beyond the minimum accommodations provided under ADA.  When Deaf students and their parents work with school administrators they can secure a student a communication method that works for them, like an AAC device for younger students, or access to technology like text to speech or closed captioning.  It allows the student and parent to specify what accommodation they would like and why it is the best option for their student.  It is important to note that all Deaf students can have a 504 to help bridge the communication gap within the educational environment, but a 504 will not modify in any way a Deaf student’s instructional material or how they access it.  It simply provides bridges as to how the information is communicated.  It is a legal document that mandates the school provide the accommodations listed within the 504 plan or face legal action by filing an Office of Civil Rights (OCR) complaint.

Individuals with Disabilities Education Act

The Individuals with Disabilities Education Act (IDEA) is a step beyond a 504 plan.  When a Deaf student’s ability to access the general curriculum becomes difficult or impossible, the student would be referred for an educational evaluation.  If the results show that the student needs additional support in academics, that is when IDEA protections would begin.  IDEA protections include the implementation of an Individualized Education Plan (IEP).  An IEP is a plan that is drafted by the IEP team (consisting of a special education teacher, general education teacher, speech language pathologist, occupational therapist, parent, school administrator, and student), which is an individualized learning plan comprised of annual educational goals, specific accommodations and modifications to the learning environment, access to alternative instructional methodologies and how the team plans to meet the needs of the student. Current research indicates that IEPs are utilized for an estimated 25% of Deaf or hard of hearing students.

IEPs are a good way for Deaf students to receive higher tech communication methods that are provided by the school district so that the student can access their educational environment, communicate effectively, and bridge the gaps in student learning.  These accommodations can include access to a sign language interpreter, real time captions, an iPad that allows for text to speech and speech to text options to communicate with peers and teachers and access to other assistive listening devices or amplification devices.  Like a 504 plan, an IEP is a legal document that mandates the school district provide the services listed within or face an OCR complaint. 

Conclusion

The ADA provides universal protections against discrimination of Deaf students to any school offered program and activity and offers reasonable accommodations. Section 504 of the Rehabilitation Act and IDEA provide special accommodations to create an inclusive classroom and learning environment by utilizing more specialized accommodations.  Whether you feel the protections provided under ADA are enough to accommodate your Deaf student or if you need additional support through the implementation of a 504 plan or IEP, you have many rights as a parent of a Deaf student.  The goal of any educational institution should be an inclusive learning environment for all.  If you are ever in need of bridging the communication gap and creating an inclusive and accessible environment for all, reach out to Unspoken Language Services, a professional sign language interpreter service.  

Stephanie Erra

The post Beyond ADA Laws and Deaf Children: Ensuring Equal Opportunities for Education appeared first on Unspoken Language Services.

ADA Compliance in an Online Environment

While ADA laws are very explicit when discussing reasonable accommodations for Deaf or hard of hearing individuals when a physical site is involved, ADA compliance of websites is a much grayer area.  Despite ADA laws undergoing several amendments in 2008, there are still no hard and fast rules regarding making websites accessible for Deaf individuals.  The one redeeming quality of the internet is that most of it is in written form, which is accessible to Deaf or hard of hearing individuals.  However, with social media, streaming, and video sharing there are still components of applications or websites, like audio content, that are inaccessible.  

Often times, if a website is deemed inaccessible to a Deaf or hard of hearing individual, the case would have to be ruled over by the DOJ, but with no federal rules currently in place to monitor compliance, it’s hard to decide whether or not a website has to follow accessibility rules governed by the ADA.  While many would think the issue of accessibility is clear, it is often a murky area.  Discrimination lawsuits are regularly filed regarding equal accessibility to online services, in fact in 2020, over two thousand lawsuits were brought before federal judges to determine whether a website meets ADA compliance.  While no website is going to be 100% accessible, reasonable accommodation must be made to comply with ADA laws.  There are websites that must absolutely comply with accessibility, those being websites run by state and local government as well as any website that provides a service or public accommodation. 

Web Content Accessibility Guidelines

While the ADA does not have specific accessibility requirements for websites, the Department of Justice has required all websites to conform to the web content accessibility guidelines (WCAG).  The WCAG is a blueprint of designing inclusive websites and takes many things into consideration when designing websites including low vision, neurological and cognitive limitations as well as Deafness. The WCAG has vast resources and clearly defined guidelines that ask four principles to guide website designers to make sure their website is accessible to all.

The first principle is if website information is presentable to users in their preferred communication.  Does non text content have an option to a text alternative? Do live recordings or time-based media have alternative options or the ability to caption or sign language interpreters? The second principle relates to if the website is operable.  Do users of the website have keyboard functionality?  If there is a speech component to interacting with the website (such as voice recording using a microphone), is there an alternative option?  Do real-time or prerecorded videos have the option to stop, pause, or adjust playback time? The third principle discusses if the website is understandable.  Is the website in an understandable language or is it available for translation?  Are abbreviations appropriately used in text content—meaning would a majority of readers understand what the abbreviation means?  For example, most people would know that ‘Mr.’ means ‘mister’, so this would be an appropriate abbreviation, but using ‘rm’ for ‘room’ would not, as it is not a well-known abbreviation. Does the website provide input assistance to help, check, find, and reverse errors when filling out forms?  The final principle focuses on whether the website is robust.  Website content must be robust enough that it can be interpreted by most website’s users and compatible with assistive technologies. 

Best Practices for Website Accessibility for the Deaf

When making a website accessible specifically to Deaf or hard of hearing individuals, there are websites that provide best practices.  The first step goes into Deaf culture history and understanding that many people experience varying levels of hearing loss and this must be taken into consideration as different Deaf or hard of hearing individuals require different accommodations for a website to be considered accessible to them. 

If your website is specifically geared towards Deaf individuals within Deaf culture, an American Sign Language interpreter included on any non-text content could be ideal for your targeted website.  However, if you are wishing to make your website universally accessible to all, including Deaf and hard of hearing individuals, captions and subtitles will work just as well.  Some best practices for captioning and subtitles include having a human proof or transcribe the video content before including it.  Another best practice includes making the captions sync as closely as possible to video content so that it minimizes miscommunication. A final best practice is to provide simple access to caption controls—make them visible, clearly labeled, and easy to control. 

Conclusion

Despite being a major part of American culture and daily life, online websites still require compliance guidelines to make sure that they are accessible under ADA guidelines.  There are even website checkers that allow website owners to see if their website is accessibility compliant, which is a huge step in creating an inclusive online environment.  If you are interested in bridging the communication gap and creating an inclusive and accessible environment for all, reach out to Unspoken Language Services, a professional ASL interpreting service provider. 

Stephanie Erra

The post Understanding ADA laws for accessibility in online environments appeared first on Unspoken Language Services.

While we are currently nearing a light at the end of the tunnel in terms of COVID-19, and life as we know it is seeming to return to normal, we are left to look at the impact that COVID-19 had on Deaf individuals.

The Negative Impact of Masks on Communication

While now more is known about COVID-19 and its effect on health, when the virus first hit, you could not escape news about how it was ripping through our country leaving a wake of deaths in its path. Medical masks became required in nearly every place of public accommodation, including stores, hospitals, doctors offices, and jobs.  This created a whole host of issues for Deaf or hard of hearing individuals. 

Masks are worn around the ears, but so are hearing aids.  Many hard of hearing individuals who employ the use of hearing aids struggled with the addition around the ear.  Some hard of hearing individuals found that loop masks increased discomfort around the ear and some even lost their hearing aids due to interference from masks when taking them off and on. While these seem trivial in nature, hearing aids are incredibly expensive and the last thing you want to do is lose them.  Some recommendations were to look into the tie behind head masks and make sure to remove your mask in a safe space like your car or home so that if your hearing aid did get  lost at least you know where they would likely be. 

Another negative impact of the implementation of masks is that many Deaf individuals use lip reading as a way of communication. With masks covering the speaker’s faces, lip reading became impossible.  Those of us in communication and who support the Deaf Community immediately began to make arrangements for clear masks as an accommodation so that lip readers would be able to effectively communicate with hearing individuals. Another accommodation that was implemented during COVID-19, specifically for hard of hearing individuals, was to speak loudly and slow your pacing.

Negative impacts of Social Distancing on Deaf Culture

Deaf culture is a diverse and unique culture whose foundation is built on specific ideals.  One of those ideals is that Deaf individuals have different, but equal perspectives on certain subjects, specifically the way they communicate.  Social and behavioral norms within Deaf culture include maintaining eye contact, touching during conversations, and hugging when greeting or leaving.  COVID-19’s mandated six feet of distance during the early and middle stages of the pandemic negatively impacted Deaf community norms.  Deaf individuals were not able to get close enough to their friends or colleagues, eliminating behavioral norms like tapping another’s shoulder, touching during conversations, or hugging.  

Negative impacts on Deaf school children

When COVID-19 hit, those who were impacted the most were school aged children.  Asynchronous learning was the first stepping stone in providing online instruction for students, however Deaf students had no way of accessing instructional materials with this service model. There were no accommodations provided for these students, and as such, they were unable to communicate with their teacher or classmates.  Any sign language interpreters that were with Deaf students in person were not permitted to attend the student’s home, leaving the student to watch online lessons with the teacher and a sign language interpreter in the background. 

Thankfully with the rollouts of virtual meeting platforms like Zoom, Google Meet, and Microsoft teams, communication barriers were broken down and the process of interpretation was streamlined with real-life captioning in the lesson.  Granted, the captioning was not always up to ADA standards, where 99% of the captioning must be correct, but it provided an effective communication method for Deaf students who were finally able to participate in their online classroom.

Negative impacts on Deaf individuals in the workplace

Again, at the beginning of COVID-19 many businesses began to allow workers to telecommute and work from home.  This could be seen as beneficial for many Deaf employees who can use virtual meetings to read transcribed conversations between colleagues and respond in written form.  However, if a Deaf person was working in a retail or food service industry, the face mask requirement most likely created a negative impact in their day-to-day communication with colleagues and customers.  

Negative impacts on Deaf individuals in healthcare

The changes implemented in healthcare environments affected many Americans, including the Deaf and hard of hearing.  The biggest impact would be the implementation of personal protective equipment like masks, gloves, and capacity requirements.  For instance, if a Deaf individual caught COVID-19, the hospital, due to visitor restrictions, would not be able to provide that individual with a sign language interpreter, greatly reducing the accommodations that a Deaf individual can use within a hospital environment.  However, it still leaves the patient and provider with real time transcriptions or written communication to communicate effectively.  The masks worn by hospital personnel would also have a negative impact on Deaf or hard of hearing individuals that rely on residual hearing or lip reading to communicate effectively.  By masking your mouth, you have eliminated that method of communication as well.   

Conclusion

COVID-19 impacted Deaf individuals and their ability to bridge communication gaps in their day-to-day life. If you are ever in need of bridging the communication gap and creating an inclusive and accessible environment for all, reach out to Unspoken Language Services, a professional sign language interpreter service.  

Stephanie Erra

The post The Impact of COVID-19 on Deaf Americans and ADA Laws appeared first on Unspoken Language Services.

What is Public Transportation?

Public transportation is defined as any vehicle which provides continuing general or specific services to any member of the public on a regular basis. Modes of public transportation are area specific, but some examples of public transportation include buses, light rails, trolleys, ferries, subways, commuter trains, and vanpool services. 

What Rights do Deaf Riders Have? 

The ADA guarantees Deaf riders equal access to public transportation services.  This means Deaf or hard of hearing individuals cannot be denied access to public transportation.  Deaf or Hard of hearing individuals have access to priority seating.  Deaf riders do not have to sit in priority seating, however it should be available to them in all public transportation vehicles. 

In addition to these public transportation options, the ADA also provides para-transit services.  Para-transit services are ridesharing options available to Deaf individuals that provide curb-to-curb services from public transportation drop off points to distinct points of interests or residential homes. One option is open to the public, this service is called Dial-a-Ride.  If you need a ride you would reserve the service at least a day in advance.  An option that is specifically for Deaf or Hard of hearing individuals or other individuals who require additional accessibility would be the ADA transit service.  Both options are for a fee; however, Deaf or hard of hearing individuals pay a reduced rate.  It is not required that a Deaf or hard of hearing individual use paratransit services instead of public transportation services, if they feel that public transportation can accommodate their communication and/or accessibility needs.

Public Transportation Accommodations

When using public transportation, all types of transportation must meet specific accessibility requirements.  For Deaf riders, the biggest accommodation that must be made is that verbal information communicated over PA systems must be able to be communicated in written form so that Deaf riders are aware of delays, emergencies, and upcoming stops.

There are many accommodations that can be made to make public transportation more accessible in this way.  The first would be to provide transportation service information, emergency alerts, and ride stops on information screens within transportation hubs like subway or train stations.  Another possible option to increase accessibility for Deaf or hard of hearing individuals would be the use of a SMS alert system.  For shorter transportation options, like light rails or buses, Deaf riders could still use SMS alert systems or information screens, in addition to visual safety cues like light alerts for when the bus or light rail is stopping, opening or closing their doors, or if there is an emergency situation.  As always, Deaf or hard of hearing riders have the right to request auxiliary aids and services including American Sign Language (ASL) interpreters, oral interpreters, notetakers, real-time captioned transcriptions, written materials, headset amplifiers, and assistive listening devices or systems, teletypewriters compatible with hearing aids, closed caption decoders, or videotext displays.  Basically, any accommodation that allows aurally delivered materials to Deaf or hard of hearing riders.  Again, these accommodations must be considered reasonable by the public transportation agency and must not create an undue burden on the company, so whatever accommodation that can effectively meet the needs of a Deaf or hard of hearing rider will be provided at no cost to the rider to ensure equal access to public transportation. 

In addition to the accommodations that can be requested by Deaf and hard of hearing riders, The ADA and the FTA have their own agency requirements that explicitly state that assistive technology be available to riders and that any communication devices within the public transportation vehicle must be operational.  Requirements also go on to state that if a feature breaks it must be repaired promptly and that a vehicle that has operational devices be used as an alternative. 

Other reasonable accommodations that can be offered to Deaf or Hard of hearing riders include priority seating and signs displaying verbal information, such as stop announcements or destination information on vehicles.  Service animals are also allowed on public transportation to help cue Deaf or Hard of hearing individuals for their respective stops.  Vehicle operators should also be trained to operate any assistive technology.  It is also an FTA requirement that vehicle operators work and communicate with Deaf and hard of hearing individuals in a respectful, courteous manner. Some vehicle operators are even able to communicate with riders in ASL to minimize any miscommunication.

Conclusion

Public transportation is a right of public life for all Americans and has been used by all of us at one point or another.  If a Deaf or hard of hearing rider ever feels like they have been the victim of discrimination by a public transportation agency, then they have the right to file a claim with the civil rights division within the FTA.  The aim of the FTA is to reduce miscommunication by providing reasonable accommodations and advance accessibility in the public transportation sector.  Effective communication is required between rider and driver when utilizing public transportation so that there is no miscommunication.  If you are ever in need of bridging the communication gap and creating an inclusive and accessible environment for all, reach out to Unspoken Language Services, a professional sign language interpreter service.  

Stephanie Erra

The post ADA Laws and Public Transportation: Improving Accessibility for Deaf Riders appeared first on Unspoken Language Services.

Workplace Barriers that Deaf professionals face

The number one barrier that Deaf or hard of hearing professionals face in the workplace is struggling to effectively communicate in an environment that is not inclusive of their specific needs.  A survey of Deaf individuals shows that Deaf job seekers experience resistance, whether perceived or real, from employers regarding initial hiring. This resistance may be from an unconscious bias or a lack of understanding the differences in Deaf culture. Deaf culture has different communication methods like touching to gain attention, speaking directly to someone, and limiting background noise.  Integrating these communication methods into a typical workplace culture is not difficult, it just takes time and training.  

Unfortunately, workplace barriers do not stop once hired. Many Deaf employees feel that they were not included in common workplace activities, like company wide training.  Many Deaf employees feel that they are not supported in their work environment, with a majority feeling that they were actively excluded from conversations.  In addition to feeling excluded, many felt lonely and misunderstood, with some reporting that they felt they were passed over for promotion due to their Deafness.   

What is a reasonable accommodation?

Many communication and accessibility barriers exist due to an employer’s perception of what a reasonable accommodation is.  Reasonable accommodations is a term that is used frequently in ADA law.  It simply means that the accommodation requested by a job seeker or employee will not cause an undue burden on the employer or company.  For instance, before a job has even been secured, Deaf professionals must request a reasonable accommodation for the interview process to ensure effective communication during the recruitment process. 

Many employers immediately jump to the idea of providing a sign language interpreter for Deaf job seekers and think about how that may cause a financial burden, however, reasonable accommodations can be as simple as an alternative communication method, as not all Deaf people speak American Sign Language. In fact, written communication or assistive listening devices can be all a Deaf employee needs to perform a job effectively. 

Once a job is secured, the most common accommodations for Deaf employees were telephone aids, like teletypewriters and assistance from co-workers, both of which are not likely to cause an undue burden on employers.  Many states have programs that will offer Deaf individuals access to teletypewriters to help make workplaces more inclusive and accessible to Deaf workers. And on a positive note, nearly half of Deaf employees feel that their coworkers had a positive attitude towards trying to communicate with them.

How the ADA works to prohibit employment discrimination

The ADA is a federal law that provides specific protection to Deaf or hard of hearing individuals, however the governing agency over job discrimination is the Equal Employment Opportunity Commission (EEOC).  The EEOC enforces ADA laws regarding employment discrimination, and they would be the first contact point in filing a complaint or charge of discrimination.

The ADA and EEOC have very specific guidelines when it comes to disability discrimination. First, the employer cannot ask a job applicant to answer any questions related to their Deafness or ask them to take a medical exam before extending an employment offer.  After a job opportunity is offered, the company can ask the applicant to take a medical exam, but only to make sure that the applicant is fit to complete the required tasks of the job. 

Once an employee has started work, the employer can ask disability-related questions but only if the employer has evidence that the employee is unable to effectively perform their job duties.  The employee can also ask for accommodations to be made without fear of discrimination.  Specific accommodations for Deaf employees include access to teletypewriter, sign language or oral interpreters, alternative communication methods, closed captioning, written communication (via email or interoffice chat), changes in workplace arrangements, or visual cues for emergency systems like fire alarms. If an accommodation is denied due to undue burden, then a reasonable accommodation must be provided in its place. When refusing to provide reasonable accommodations, a company must prove that the accommodation being requested is unable to be provided.  If a company can in fact provide that accommodation, then the company is guilty of discrimination and a complaint can be filed by the employee.  Complaints must be filed within 180 days of the incident. 

Employers who offer inclusive environments

While some employers can seem reluctant to hire Deaf employees, many companies are aware that assets Deaf employees can be.  There are multiple companies that actively recruit and employ deaf employees including Boeing, Center on Deafness, Goodwill Industries, Microsoft, Sunbelt Staffing and Amazon.  Microsoft provides inclusivity trainings to bridge the communication gap and allow hearing and Deaf individuals to communicate through the use of its translation software and Amazon has ASL communication hubs that allow hearing employees to learn and communicate with their Deaf colleagues in ASL.  In addition to the private companies working towards inclusion, there are many employers at the local and state level that hire Deaf or hard of hearing professionals as teachers and interpreters.

Conclusion

Deaf professionals are a diverse and unique group of workers, and many companies are now realizing that there is an untapped potential in these workers and modifying their work environment to make it accessible and inclusive. If you are ever in need of creating an inclusive and accessible environment for all, reach out to Unspoken Language Services, a professional sign language interpreter service.  

Stephanie Erra

The post ADA Laws and Employment: Breaking down barriers for Deaf Professionals appeared first on Unspoken Language Services.