Transcript Disability Sensitivity Training

Effective Communication
with Individuals with
Disabilities
Tennessee Clerks of Court
Conference
June 15, 2011
Shelia A. Odusote, Paralegal
Disability Law & Advocacy Center
of Tennessee (DLAC)
www.DLACTN.org
Disclaimer
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I am not an attorney.
This presentation is intended to provide you with some general
information about effective communication with people with
disabilities and related legal issues. Nothing in this presentation
is legal advice about a specific situation.
For legal advice regarding a specific situation, contact your
attorney.
Disability Law & Advocacy
Center of Tennessee (DLAC)
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Tennessee’s Protection and Advocacy agency
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Federally funded and mandated
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Assists individuals with disabilities
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Handles selected issues with Vocational Rehabilitation,
Education, Abuse and Neglect, Accessibility, Disability
Discrimination, Voting, TBI, and Assistive Technology
DLAC, continued
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Provides a range of legally based services
Must have a documented disability to receive case
services
Most services are free.
Co-counsel on Lane v TN– resulted in accessible TN
court program including ADA policy and reasonable
modification form
One of our current priority areas is effective
communication with people with disabilities
Involved in Access to Justice efforts
Legal Requirements Related
To Communication with People
with Disabilities
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The Americans with Disabilities Act (ADA) is the
primary law which prohibits discrimination against
people with disabilities.
The ADA requires effective communication with
people with disabilities.
The ADA applies to private businesses and state/local
government entities.
The ADA applies to court programs and services
ADA Definition of Disability
a mental or physical impairment
which substantially limits one or
more major life activities, or
 a history of such an impairment, or
 being regarded as having such an impairment
42 U.S.C. § 12102(2)
Definition of Disability Part I
 “Physical or mental
impairment….”
 Paralysis
 Blindness
 Mental Illness
 Addiction*
 HIV/AIDS
 Hypertension
 Cancer
 Etc.
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“…which substantially
limits one or more major
life activities….”
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Self care
Performing manual tasks
Walking
Seeing
Hearing
Speaking
Breathing
Learning
Working
Definition of Disability Part II
 “…a record of having
such an impairment,”
 Cancer in remission
 Heart disease under
control
 Addiction
 Psychiatric disability
 Others….
 “…or being regarded
as having such an
impairment…”
 Facial disfigurement
 Eccentricity
 Age deemed a disability
 Others…
State and Local Government
Entities
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The ADA applies to state and local governments
The ADA applies to court programs and
services
 Hearings and Trials
 Clerk’s office
 Court information (ex., summons, jury notice)
 Any other court program or service
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The ADA applies to court offices and staff
Generally, ADA requires courts to provide
effective communication. TN law contains
additional requirements for courts.
ADA Prohibits Discrimination
The ADA prohibits courts from discriminating
in the operation of programs or services against
a person due to disability.
42 U.S.C. §§ 12132, 12182(a);
28 C.F.R. §§ 35.130(ii)-(iv), 35.160(a)
What is disability related
discrimination?
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It is almost always discrimination to treat
someone in a different way solely due to his or
her disability.
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Example: It is discrimination for a court to refuse
to allow a witness to testify solely because she is
blind.
Relationship Between
Discrimination and Effective
Communication
Effectively communicating with individuals
without disabilities but NOT individuals with
disabilities is different treatment due to
disability.
 ADA regulations specifically require government
entities (including courts) to provide effective
communication to people with disabilities.
28 C.F.R. § 35.106(a)
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What Kinds of Disabilities Impact
Communication?
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Many types of disabilities can impact
communication
Disabilities which commonly impact
communication include– hearing disabilities,
vision disabilities, speaking disabilities, and
cognitive disabilities
Other disabilities, including physical disabilities
and mental illness, can sometimes impact
communication
People First
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Remember that people with disabilities are first
and foremost PEOPLE!
The importance of language when we talk about
disabilities and people with disabilities.
People First Language ensures the person is
emphasized first, not his or her disability.
Helps us avoid using outdated or negative terms
such as “handicapped” or “disabled.”
Understanding People First
Language
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People First Language
(Describes)
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Person with a disability
People with disabilities
Uses a wheelchair
Has/with
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Examples: Child with
autism, Friend with mental
illness, etc…
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Language to Avoid
(Defines)
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Disabled
The handicapped
Wheelchair bound
Victim of/suffers from
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Examples: Child who
suffers from autism, Friend
who suffers from mental
illness
**EXCEPTIONS TO THE RULE**
Importance of Flexibility
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ADA often requires courts to provide reasonable
modifications(changes) or auxiliary aids/services to a person
with a disability if necessary to ensure effective communication.
Generally, courts must provide these modifications or
aids/services unless doing so will be a fundamental alteration in
the program/service or constitute an undue burden (be a
significant difficulty or expense when taking into account all
court resources).
42 U.S.C § 12182(b)(2)(iii)
28 C.F.R. 35.160(a)
Auxiliary Aids and Services
Services or devices
that ensure
effective
communication
for individuals
with disabilities
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One size does
NOT fit all
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qualified interpreter
notetakers
screen readers
Braille items
open or closed captioning
video interpreting services
instant or text messaging
taped texts
exchange of written notes
Gesturing as Possible
Communication
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Be open to considering gestures as possible
communication attempts. It can sometimes be
frightening when people gesture dramatically if you
don’t know why, but this may be a way to try to
communicate with you.
If you do not know why someone is gesturing, you can
ask. If he/she doesn’t respond, you can try writing very
simple questions on a piece of paper.
Some people who are non-verbal may use gestures.
This does not mean they cannot hear.
LOSE THE BIG WORDS
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When communicating with anyone whether by
speaking or writing, it is generally best to keep
your language as basic as possible. People tend
to read at the sixth grade level or below and
people with disabilities which impact their ability
to communicate often read at an even lower
grade level. This is often the case for people
who are deaf.
Hello!
Reading Level
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Many word processing programs have a feature
that will allow you to check the reading level of
your documents
For example, “readability statistics” are an
optional feature in Microsoft Word’s spell check
tool
Information Can Be Simple
Example of standard language
Court will resume at 1:30 p.m.
All parties must return by no later than 1:30 p.m.
Example of same ideas at sixth grade level
Court will start back at 1:30 p.m.
Parties must be back here by then.
Communication Needs of People
with Other Disabilities
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People who are blind or have a visual disability
may need you to provide effective
communication of written material by reading
the material to them, recording it on tape,
providing it in large print or Braille, providing it
in an electronic format that can be read by a
computer program called a screen reader.
Generally, the more complex the material, the
more important it is that you provide a copy
instead of just reading it aloud.
Communication Continued…
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People with cognitive disabilities and traumatic brain
injury may find it helpful if you break complex
communications down into small parts or you may
need to repeat the information more than once.
Some people find pictures may assist in
communication.
Some people may need more time to complete forms,
answer questions, etc.
Some people may need more breaks during court
Keep in Mind
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A disability that effects communication is not a
reflection of the person’s intelligence level.
Communication distance can be important when
communicating with people with disabilities which
affect their need for personal space. Ex. Person with
autism.
Set up of a location or the presence of others may be
important when communicating with people with
disabilities which affect their need for reassurances of
safety. Ex. Person with PTSD.
Introduction To Deaf
Communication Issues
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A person who is deaf may be carrying a card that provides
instructions for requesting an interpreter from an area
agency. However, not all people carry these cards.
It is generally not appropriate for family members or
friends to interpret for the person who is deaf.
When speaking to a person through an interpreter, talk to
the individual who is deaf and not the interpreter.
Understand that “nodding” by a person who is deaf may
be viewed as a sign of politeness by a person who is deaf
and not recognized as a “yes” or “positive” response to a
question.
Communicating with Someone
Who is Deaf
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Different types of sign language
American Sign Language (ASL)Primary sign language used in the
United States.
 Signed English - Another type of sign
language often used.
 Manual Sign Language– used by people
who are deaf-blind.
 Other sign languages vary based on
culture or country of origin.
 Some need oral interpreters-When arranging for an interpreter, it is
considerate to ask which type of sign
language a person uses.
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Understanding ASL
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Form of manual communication
Has its own grammatical structure which is very
different from English.
ASL interpretation does not convey each spoken
word.
For people who were born deaf or who became
deaf as children, sign language is their primary
language. English is their second language.
What Is Effective Communication?
The ADA makes clear that providing effective
communication to people with disabilities means
providing written or spoken communication that
is as effective as communication to others
without disabilities
28 C.F.R. § 35.106(a)
TN Law and Courts
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T.C.A. § 24-1-211
ADA requires effective communication– usually means a sign
language interpreter for someone who is deaf. TN law
specifically requires state courts to provide sign language
interpreters to people who are deaf. (in court and after case has
been filed, for meetings to prepare for court )
So, TN courts do not have same discretion about providing
sign language interpreters as entities that are only covered by
ADA.
Providing Sign Language
Interpreter Services
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Court has to provide and pay for sign language
interpreters (different from spoken language
interpreters)
In Court– always– required by TN law
For Court ordered classes and programs– usually– if
necessary for effective communication--required by
ADA
For meetings to prepare– sometimes– required by TN
law
What about at clerk’s office? Usually not required
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Written notes or similar generally OK for short, simple
communications such as filing documents, getting directions,
etc.
Qualified Interpreter
According to the ADA, Qualified interpreter means an interpreter
who, via video remote interpreting (VRI) service or an on-site
appearance, is able to interpret effectively, accurately, and
impartially, both receptively and expressively, using any necessary
specialized vocabulary. Qualified interpreters include, for
example, sign language interpreters, oral transliterators, and
cued-language transliterators.
28 C.F.R. § 35.104
TN law adds requirements on top of ADA requirements for qualified
interpreters in court settings– preference for certified interpreters
in court settings
More on Qualified Interpreter
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“qualified” does not always mean “certified”
(however, TN law contains preference for certified
interpreter in court)
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“qualified interpreter” must be able to convey sign
into speech, and speech into sign
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Even if certified, a sign language interpreter is not
qualified if individual with disability is unable to
effectively understand that interpreter (for example,
interpreter may not be familiar with vocabulary or may be hard to follow)
Asking court for Sign Language
Interpreter, CART, etc.
TN ADA Judicial Branch Protocol + Form
 Available at
 http://www.tncourts.gov/administration/huma
n-resources/ada-policy
 Submit to Local ADA Coordinator or State
ADA Coordinator (if local not available or not
responsive)
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Phone Calls with People who are
Deaf or Hard of Hearing
Text Relay or Video Relay
 Free Tennessee Relay Service (text relay, 1 (800)
848-0299, more information:
http://www.state.tn.us/tra/relaycenter.htm)
 Free Sorenson Video Relay Service (video relay,
1-866-FAST-VRS (1-866-327-8877), more
information:
http://www.sorensonvrs.com/index.php
Note: Most deaf people no longer use TTY and
similar. Instead use relay.
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QUESTIONS
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Disability Law & Advocacy
Center of Tennessee
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Website: www.DLACTN.org
Phone: 1-800-342-1660
TTY:
1-888-852-2852
E-mail: [email protected]