Deaf rights has historically been a major part of  both our individual and class action practice.  Schneider Wallace Cottrell Brayton Konecky LLP is dedicated to ensuring equal rights for deaf people in education and employment. 

We have handled major class action litigation against State Universities and Fortune 500 companies in order to protect the rights of deaf and hard of hearing people across the nation.

Hearing-impaired people can be subjected to a great deal of discrimination. This discrimination often occurs at work and can take various forms, including not being considered for jobs that deaf people are qualified for, or not being given proper access to equipment that can aid them in their job. Many people who are deaf or hearing-impaired are unfamiliar with the Americans with Disabilities Act (ADA) and so, it seems, are many employers who discriminate against deaf and hearing impaired people because of their disability.

Sadly, in many cases the discrimination does not end until the deaf person hires an ADA attorney. A lawyer familiar with the ADA can defend the rights of deaf and hearing-impaired people by forcing the employer to make necessary changes to the workplace environment.

Many people who are deaf or hard of hearing do not know that their rights are protected by a number of anti-discrimination laws. The first of these laws is the Americans with Disabilities Act (ADA). Title I of the ADA protects deaf and hearing-impaired workers against discrimination in the private sector by stating that employers must make reasonable accommodation to the physical or mental limitations of their employees. Reasonable accommodation refers to modifications or adjustments to a job or the work environment so that a qualified person with a disability will have the opportunity to perform the work.

For people who are deaf or hearing-impaired, reasonable accommodations include telecommunication devices for the deaf (TTYs), instant messaging software, amplified telephones, visual alarms, provision of qualified sign language interpreters, and any other equipment as necessary. According to the ADA, employers are responsible for ensuring that deaf employees or applicants can communicate effectively. This includes regular, work-related activity, and other work related situations, such as applying for a job, work-related seminars, and other occasional, work-related functions.

Nonessential job duties that cannot be performed by a person with difficulty hearing (for example, answering a telephone, if that is not a major part of the job requirement) must be transferred to another person if the appropriate equipment (such as a TTY) cannot be acquired.

Deaf and hearing-impaired federal employees are protected under Section 501 of the Rehabilitation Act (1973). That act states that the federal government must hire and promote disabled workers and must provide equal access to training and promotion opportunities. Additionally, the government must also make reasonable accommodations for a worker’s disabilities.

The Equal Employment Opportunity Commission (EEOC) requires that deaf or hard of hearing federal workers have access to qualified sign language interpreters for all vital work-related communications.

The needs of each deaf and hearing-impaired person vary based on the individual himself and the requirements of the job. Therefore, employers should consult with each employee with hearing difficulties to ensure that the proper services are provided to allow the employee to carry out the duties of his or her job.

In addition to protecting the rights of deaf people in their place of employment, the ADA also protects the rights of deaf people regarding access to education. The ADA states that places used for public accommodation cannot discriminate against a person based on their disability. Places for public accommodation must be accessible to any person with a disability, including difficulty hearing. The ADA requires organizations to provide aids so that anyone who is deaf or hard of hearing can benefit from public meetings.

Unfortunately, even with laws such as the ADA and the Rehabilitation Act protecting them, many people with hearing difficulties are still subject to discrimination because of their disability. By hiring a lawyer, large corporations are forced to make their workplaces accessible and free from discrimination.

In 2003, Schneider Wallace Cottrell Brayton Konecky LLP, representing  a class of more than 1,000 deaf workers, announced that they had reached a settlement in a class action lawsuit against United Parcel Service (UPS). Lawyers for both sides worked out a settlement in which UPS had to make changes to accommodate deaf applicants and employees. UPS also agreed to pay $5.8 million in damages.   Schneider Wallace Cottrell Brayton Konecky LLP went on to prevail at trial in a second part of the case in which the District Court ordered UPS to abandon its across the board prohibition against deaf employees driving UPS’ vehicles and replace that policy with one in which deaf driver candidates would be individually assessed with regard to their ability to drive.

Schneider Wallace Cottrell Brayton Konecky LLP, as attorneys for the hearing impaired workers argued that UPS denied deaf people equal rights and opportunities while at work. Schneider Wallace Cottrell Brayton Konecky LLP showed that UPS repeatedly failed to provide equal opportunity to deaf and hearing-impaired people by denying them opportunities for promotion, excluding them from workplace information, and exposing them to unsafe conditions. Schneider Wallace Cottrell Brayton Konecky LLP accused UPS of failing to provide an interpreter for a deaf employee during a training session on anthrax. Additionally, Schneider Wallace Cottrell Brayton Konecky LLP argued that UPS was liable for not providing captioning on training videos, systems to alert deaf employees to emergencies, and text telephones.

Schneider Wallace Cottrell Brayton Konecky LLP also showed that deaf people were routinely discriminated against because they were told they were being denied promotions due to their hearing difficulties.