Category: Legal

ADA clarifications

The EEOC is updating its guidance for understanding how ADA law applies to four types of medical conditions: cancer, diabetes, epilepsy, and intellectual disabilities. The Equal Employment Opportunity Commission had a Q and A guide posted about cancer here, diabetes here, epilepsy here, and intellectual disabilities here. These guides are designed to help employers understand how to address these conditions.

Proposed Ohio law on hearing aids

Ohio lawmakers heard testimony on a bill that would stop the sale of hearing aids online in the state unless the user first sees an audiologist. The bill is considered an effort at consumer protection by supporters. Republican Rex Damschroder of Fremont is sponsor of House Bill 109. The Ohio House Health and Aging Committee is hearing from medical professionals and consumers. Read more about the bill here.

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St. Paul Settlement Approved

St. Paul's city council has officially approved a settlement with deaf activist Douglas Bahl. The Minnesota city will pay $93,450 and the St. Paul police has agreed to make "significant changes" in how it communicates with deaf citizens. One change is agreeing to provide a sign language interpreter when one is requested and officers will get special training for communicating with the deaf when no interpreter is present. Read more about what brought about the lawsuit in the first place in our post from last week (May 6) here.

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Medical Student gets Court Date

In January, DNT reported on a deaf medical school student court victory. An appeals court reinstated Michael Argenyi's lawsuit against Creighton University after it was dismissed by a judge. He sued the Omaha school for discrimination because the private Jesuit university accepted him for medical school but then refused to accommodate his learning needs. We now know his case will go in front of an Omaha jury starting the week of August 20. Argenyi has a cochlear implant but also uses cued speech. He was able to use a transcription service along with a cued speech interpreter at Seattle University as an undergrad. He earned a high GPA at the school in Washington State. While at Creighton, he was provided some assistance, but Argenyi says it was not enough. The school refused his request for interpreters and a transcription system - claiming the services were to expensive. Creighton even refused to let him use an interpreter when he interacted with patients--despite the fact that he was willing to pay for the service out of his own pocket. The school told him that he should not be using interpreters in the "real world."

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AT&T get $18 million slap

AT&T has agreed to pay more than $18 million for not stopping swindlers from taking millions out of a service meant to benefit the deaf. A year ago, we told you the Justice Department had joined a whistleblower lawsuit filed in Pittsburgh by Constance Lyttle, a former worker at an AT&T call center. Prosecutors claimed the phone company knowingly asked for reimbursement of calls not covered in the service. Many were placed by international callers using the service to buy things using stolen credit cards. As much as 95% of the calls were international and not eligible for the reimbursement program. The FCC reimburses companies like AT&T about $1.30 per minute out of a fund created by fees placed on consumer phone bills. AT&T says it didn't know the calls were being fabricated, but the FCC requires IP Relay providers to verify users' name and mailing address. AT&T isn’t admitting any wrongdoing, but it will pay $7 million back to the Telecommunications Relay Service fund and what amounts to a federal fine of more than $11 million.

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DC Terp Lawsuit

Two women are suing the Washington, DC public housing agency for failing to provide them sign langauge interpreters. Latheda Wilson and Jacqueline Young say they've had a hard time getting the housing they need and it has put them at risk of losing the houses where they live now. An advocacy group called Deaf-REACH is joining them in the lawsuit which says the two women had to resort to writing notes and using family members to interpret because the housing agency has regularly failed to provide interpreters for them. On the other side, the housing authority is defending its program, saying it is in compliance with ADA law. On its website, the DC Housing Authority claims it "is committed to providing programs in a way that does not discriminate against individuals with disabilities."

Proposed Bahl Lawsuit Settlement

The Doug Bahl lawsuit against the St. Paul Police Dept. is coming to an end. Back in 2008, we told you about his lawsuit here. As you can tell from the photo showing Bahl with swollen, black eyes and blood on him, he was beaten when police stopped him in the Minnesota town. They said the well-known deaf activist ran a red light. When Bahl tried to communicate that he was deaf, officers sprayed him with mace and hit him. The policemen blame Bahl for starting the confrontation, saying he hit and bit one of them. But the officer's written account indicates they were frustrated that Bahl did not "speak" with them and they failed to grasp that Bahl was deaf during the altercation. Then Bahl spent nearly four days in the Ramsey County Jail without the knowledge of his family. He says deputies wouldn't get him an interpreter. The sheriff says he offered Bahl a TTY phone on the first day but Bahl wanted to send an email to his family. During the next three days he was not provided an interpreter or allowed access to TTY. His first court appearance was even put off because Ramsey County authorities failed to provide him with an interpreter. Bahl ultimately was convicted of a misdemeanor. In 2011, a federal appeals court ruled one of his claims could have merit and sent case back to a lower court for further consideration. Now the city is considering a settlement that would pay Bahl $90,000 dollars and require the police department to train its staff about the rights and needs of the deaf. The settlement goes before the city council this week for approval. Another suit against Ramsey County was settled in 2011 for $230,000.

eBay Ruling Appealed

Last fall we told you about a judge who dismissed a Missouri woman's lawsuit against eBay for violating ADA law. Melissa Earll spend a couple of months trying to work something out with eBay, but was never allowed to register as a used book and memorabilia seller because she is deaf. The company requires a phone in order to verify their identities. Earll is asking the 9th Circuit to revive her case to revive her discrimination lawsuit against the online auction site. The California judge who dismissed the suit said ADA law applies to the physical space of companies, not online sites. But Earll's lawyer is arguing that while the 1990 statute was created before the Internet emerged, Congress intended it to apply to new technologies such as the Internet.

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Reverse Discrimination?

A senior living complex is facing charges--for favoring deaf residence. We first told about the problem back in December, that Federal official are investigating Apache ASL Trails in Tempe, Arizona for possible discrimination. The Department of Housing and Urban Development (HUD) says it is a violation of the Fair Housing Act to have so many deaf people in the same complex. Nearly all of the 75 Apache ASL Trails units are occupied by deaf residents. A deaf architect designed it to fit the unique needs of the deaf and hard of hearing. There are flashing lights, video phones, and an interpreting service has an office in the complex. Ironically, it was the Arizona Department of Housing that put federal money into helping pay for its contraction. Last week, the National Association of the Deaf sent a letter to the federal housing secretary, which read in part:
In a nutshell, your agency, HUD, is forcing deaf and hard of hearing individuals to only live according to an ideological vision of forced integration. The tragic irony is that such an ideology has punished deaf and hard of hearing individuals seeking a higher quality of life and a safer place to live and has actually resulted in the forced isolation of individuals who are deaf and hard of hearing.
More than 70 advocacy groups have signed the document. You can read the letter here. HUD officials have responded by saying they will put its efforts on pause. No one has filed a formal complaint about the facility, and it owners say no one has been excluded in the advertising.

Judge out for Abuse of Deaf Niece

New York's high court is making sure a family judge never hears another case. Former Onondaga County family court judge Bryan Hedges is accused of sexually abusing his deaf niece some 40 years ago, when she was 5 years old. Hedges resigned from the Syracuse-area post last year when the accusation became public. He's been a judge since 1985. The Commission on Judicial Conduct decided that his removal from office would have been the appropriate sanction if Hedges still were a judge and he hadn't resigned before it could rule. Now, New York's highest court has upheld the decision to keep Hedges off the bench--permanently.

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