If you are deaf, you already know how challenging it can be to navigate a world designed for people with normal hearing. Fortunately, you can rely on the comprehensive rights guaranteed to disabled people in California and the United States. The first step in fighting for these rights is becoming aware of them. Once you learn about your rights as a deaf person, you can push back against injustices and discrimination whenever you encounter them. These rights may also apply to people who are “hard of hearing” as well as fully deaf individuals. If you believe that someone violated your rights as a deaf person, contact a disability discrimination lawyer in California as soon as possible.
What Are My Medical Rights as a Deaf or Hard-of-Hearing Person in California?
You have various rights as a deaf or hard-of-hearing person in California. The Department of Managed Healthcare states that one of the most important rights is your right to “communication access” when navigating the medical system. If you need help communicating with doctors, nurses, or other healthcare providers, you have the right to request a sign language interpreter or an Assisted Listening Device (ALD).
You also have the right to request an oral interpreter who can verbally repeat language that you find difficult to comprehend. If you do not understand what your doctor is saying and you need more time, you have the right to ask for more time to discuss the situation. You can also request more time to understand written medical documents, and you might ask for help from an interpreter in order to clarify the information in these written documents.
You should not incur any additional costs when requesting and accessing assistance with communication. If someone attempts to charge you for access to interpreters or other resources directly connected with your hearing status, this may represent a violation of your federal and state disability rights. A healthcare provider should honor your request for an interpreter, and they cannot simply ask you to rely on written notes in most situations.
To ensure quick and reliable access to these resources, consider informing your healthcare providers about your hearing status ahead of time. This may help your providers prepare for your next appointment, and they can prepare resources like interpreters, ALDs, computer-assisted real-time transcription services (CART), and more. Healthcare administrators may add this information to your medical records, ensuring communication access regardless of the specific facility or provider you are dealing with.
Disability Rights California provides a list of potentially discriminatory acts against deaf or hard-of-hearing people. One violation might involve being forced to wait longer for an appointment simply because you are deaf. Another violation might involve a deaf person being forced by a facility to bring their own interpreter. Extra fees may also be discriminatory under California law. If you believe a healthcare provider violated your rights, you may be correct. Discuss your unique circumstances with a lawyer.
What Are My Rights as a Deaf or Hard-of-Hearing Employee in California?
You have various rights as a deaf or hard-of-hearing employee in California. First, your employer cannot fire you or refuse to hire you specifically because of your hearing status. The only exception is if the employer successfully proves that hiring or employing you represents an undue hardship. An example of an undue hardship might involve a job that relies on listening skills, particularly if a lack of listening skills represents a safety issue.
In many other situations, deaf or hard-of-hearing people are just as capable as others in various workplaces. In addition, employers in California must provide reasonable accommodations for disabled employees. This might include access to assisted listening systems and other resources. If you believe that you were fired or not hired because of your hearing status, you may be able to file an employment lawsuit with help from a disability discrimination lawyer.
What Are My Rights as a Deaf or Hard-of-Hearing Person in Public Spaces?
You also have important rights when navigating public spaces as a deaf or hard-of-hearing person in California. As the Hearing Loss Association of America (HLAA) notes, these public spaces might include cinemas, conferences, lectures, concerts, sports stadiums, and much more. The owners of these properties and the organizers of any events must provide you with reasonable access to communication. This might include hearing loops, closed captions, or sign language interpreters.
Note that this also applies to all government buildings and facilities throughout California and the country. For example, you might have difficulty communicating when visiting the Department of Motor Vehicles, a courthouse, a police station, or any other government facility.
Your Right to Accessible Telecommunications
The modern California resident relies heavily on telecommunications for various daily tasks. These include internet-based communications, phone communications, and any other form of telecommunication that might involve verbal or auditory cues. The Federal Communications Commission and other federal agencies enforce strict requirements on any provider of telecommunications in the United States.
If you can’t access information online or by phone due to your hearing status, you may be experiencing a form of disability discrimination. Consider speaking with an experienced disability discrimination lawyer to determine whether a lawsuit is possible. Recent changes to website requirements have raised standards for publishers of online content in the United States.
How Can a Disability Discrimination Lawyer in California Help Deaf Individuals?
Although online research represents a positive first step, the laws regarding disability discrimination in California are complex and extensive. As a result, it might be difficult to learn more about your rights as a deaf person without a more in-depth discussion with an experienced disability discrimination lawyer. A lawyer not only educates you about your rights under California law, but also helps you push back against any discriminatory behavior if necessary. If you believe that someone discriminated against you because of your deaf or hard-of-hearing status, contact McGuinness Law Group, PC, at 1-510-439-2950 or visit us online. We can help you assess your legal options in more detail.