Running head: FALLING ON DEAF EARS 1

Falling on Deaf Ears: Discrimination Against the Deaf Community

Shenan Jo Doolan

First Colonial High School Legal Studies Academy

FALLING ON DEAF EARS 2

Abstract

This research paper focuses on the legal and ethical issues of discrimination in the deaf

community. The author addresses the discrimination that occurs in different aspects of life for

deaf people and how it affects them from childhood up through adulthood. The author also

uncovers the importance of sign language in the development of deaf children and the social and

academic success of deaf people including the importance of implementing sign language in

primary and secondary school. This paper reviews current laws, acts, and specialty groups that

advocate for the equality of the deaf community.

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Falling on Deaf Ears: Discrimination Against the Deaf Community

Discriminating those who are deaf hinders their chances at becoming successful through

their academic career and their success in the workforce by limiting their options to a good

education and job. Being deaf in a society that is adapted to those who are hearing is a difficult

task, and those in the deaf community face struggles and discrimination in their everyday life

because of it. They grapple with finding jobs that will accommodate their needs, endure issues in

all levels of school; if they even happen to continue their education past high school, and face the

ignorance of society when it comes to who they are.

Struggles Deaf People Face

Uninformed Public

A monumental issue with this topic is the fact that non-deaf people lack awareness of the

issue; therefore, it goes unnoticed. It is a sad fact that there are many citizens who believe that

deaf people are not common, and since deaf people are a minority, there is little reason to have

employers or other public services cater to their needs. However, “over 28 Million Americans

are considered deaf or hearing disabled, 15 of every 1,000 people under age 18 have some type

of hearing impairment, and 415 of 1,000 people over 75 have some type of hearing impairment”

("American Deaf And Hard of Hearing Statistics," n.d.). There are many kids who are affected

by hearing loss. “Over 24,000 children are born every year in the U.S. with some level of hearing

loss, and over 3 million children have a hearing loss; 1.3 million of these children are under three

years of age” ("American Deaf And Hard of Hearing Statistics," n.d.).These statistics show that

being deaf or having a hearing impairment is not something that is rare. In an interview with

Jami N. Fisher, the ASL Program Coordinator at the University of Pennsylvania, when asked if

she see’s being deaf as a hindrance to a person's ability to be able to succeed in life, she stated
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“No; I see the social construction of deafness in society as a hindrance. That is, our social system

is setup to disable deaf people, expecting them to fit the ‘hearing mold’ instead of a mutual

negotiation of accommodations” (J. Fisher, personal communication, October 23, 2017).

Many people do not know how to act around a deaf person, or they act different because

of the hearing impairment. Some get irritated or frustrated at having to repeat what they say or

because the deaf person does not understand the first time. It is important to be patient but to also

speak normally at a medium tempo if the deaf person reads lips. Looking at the person the whole

time and standing where light is not behind you is helpful ("Deaf Awareness," n.d.).

Discrimination

Discrimination is an issue that deaf people still face today, even with the Americans with

Disabilities Act. They face academic, social and educational discrimination, along with

discrimination when hiring, while working in the establishment, and other public areas that can

be accessed easily by those without a disability. With the ADA, public areas such as restaurants,

movie theaters, schools, day care facilities, recreation facilities, and doctors' offices are required

to provide accommodation, and discriminating based on a disability is not allowed ("Search

ADA.gov," n.d.).

In an interview with Jami N. Fisher, the ASL Program Coordinator at the University of

Pennsylvania, she explained how discrimination against deaf people continues to be a major

problem. “I've seen it mostly with respect to requesting or thinking there is no need for

interpreters. My own brother was rejected for a job (and won an EEOC suit) because of his

‘communication differences’” (J. Fisher, personal communication, October 23, 2017). Fisher

comes from a deaf family; her parents and brother are all deaf, and she feels as though deaf

people will not be treated equitably if hearing people are unaware of their reality as a minority
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group/minority language group. Deaf people face discrimination in hiring, in the workplace, as

well as academic, linguistic, social, and educational discrimination. “Deaf people in the U.S. are

systematically discriminated against with respect to employment. Thus, many deaf people don't

work--they are able to collect Social Security Disability Income” (J. Fisher, personal

communication, October 23, 2017). Finding work as a deaf person is extremely hard because

employers feel uncomfortable or do not want to be forced to make accomodations. However, this

is mere laziness and ignorance as well as illegal. The ADA requires businesses and employers to

have or make this accommodations. “Furthermore, Deaf people systematically are deprived of

(sign) language from birth and thus enter school language delayed. The two factors coupled give

deaf people significant disadvantages in access to quality education and employment. And thus,

the cycle goes on” (J. Fisher, personal communication, October 23, 2017).

Job discrimination. The right and ability to work in the United States is a privilege

many citizens take for granted; however, those in the deaf community face discrimination when

applying for jobs because of their deafness. A survey conducted by TotalJobs, a board for the

United Kingdom's jobs, disclosed that “more than half of d/Deaf and hard of hearing employees

have faced discrimination at some point during their career because of their deafness” (Callis,

2016). It also showed that since about 25% of the survey’s respondents faced discrimination at

their job, they ended up quitting that job.

School discrimination. Going to school as a deaf child, teenager, young adult, and adult

can be a difficult task because of the lack of knowledge people have with the deaf community

and the discrimination they face. Often students are not given equal accessibility in the

classroom, including an interpreter in order to understand lectures, class discussions, or

meetings.
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Hospital discrimination. It is expected that everyone has equal access and rights in all

aspects of life, especially when it comes to health. Hospitals provide care to those in need,

including individuals with disabilities. This seems obvious, but some hospitals still lack

appropriate accommodations for deaf and hard of hearing people, which can lead to harm. In

2016, Northwest Hospital & Medical Center was sued by the Disability Rights Advocates

(DRA), the Good Law Clinic on behalf of Abused Deaf Women’s Advocacy Services (ADWAS)

and three other individuals because they failed to provide communication to patients who are

deaf and hard of hearing. They stated that the hospital had many failures, including “failure to

provide sign language interpreters, refusal to accommodate simple requests such as responding

to bedside pages in person rather than using the intercom, and even outright denial of services”

("Northwest Hospital Sued for Discriminating against Deaf and Hard of Hearing Patients,"

2016). One of the plaintiff’s asked for an interpreter when she made an appointment at the

Women’s Health clinic, but never met with the doctor because the hospital never provided her an

interpreter for the appointment. The Executive Director of ADWAS, Tiffany Williams, stated:

One out of every two deaf women is impacted by domestic violence. When they come

to us, survivors need a safe place where they can begin to heal physically, mentally, and

emotionally. If these survivors seek care from a medical provider that does not provide

clear communication access, the painful experience of recovering from domestic violence

is compounded by discrimination ("Northwest Hospital Sued for Discriminating against

Deaf and Hard of Hearing Patients," 2016).

It is obvious that measures need to be taken to ensure the safety and equality of deaf people at

hospitals so incidents like this do not occur, and both deaf men and women can feel assured that

when they go into a hospital for care, they will receive it.
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Law enforcement discrimination. Even with the Americans with Disabilities Act being

around for 27 years, police officers and others in law enforcement do not fully understand the act

or know about the laws that are in it. There are many police officers who do not even know about

the right to have an interpreter. Along with being ignorant of the law, they lack training “on deaf

and hard-of-hearing cultural competency” (Fields-Meyer, 2017).

Advocates for the deaf have found that most areas of law enforcement do not receive

enough training or any training at all when it comes to dealing with the deaf or hard of hearing.

This lack of knowledge has caused multiple incidents, some deadly. Just recently, in 2017,

Magdiel Sanchez was involved in a deadly shooting with police at his home. Sanchez was a deaf

man who used a metal pipe in order to communicate with others. Neighbors told the police about

his deafness, but they did not know how to handle the situation correctly, leading to the tragic

death of Mr. Sanchez. Many incidents involving the ignorance of police with deaf citizens have

occurred, including the tackling of Hannah Cohen who is partially deaf and blind, Robert Kim

who was tasered while having a diabetic episode, and Jonathan Meister, a deaf architect, who

was “handcuffed and tasered repeatedly after officers thought he was burglarizing a house”

(Fields-Meyer, 2017). Daniel Harris is another example of how miscommunication between a

deaf person and an officer can be deadly. Harris was fatally shot because the officer thought he

was reaching for a weapon. It is obvious that law enforcement agencies, at all levels, need to take

the proper precautions to train their employees on the Americans with Disabilities Act and how

to safely deal with and communicate with deaf people (Fields-Meyer, 2017).

American Sign Language

American Sign Language is a vital part of being a deaf person. It allows communication

and is a big part of the deaf culture. American Sign Language is the primary language in deaf
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communities in the United States, and provides those who are deaf with the ability to

communicate and be heard. It is imperative that deaf children have access to this language

beginning at a young age. Knowing sign language is a critical part of engaging in the deaf

community; however, there are many deaf children and adults who have not received the

necessary assistance throughout their life to help them succeed. It does not help when the

majority of children born deaf are born to parents or families who are not deaf and have not

engaged in the deaf community or anything related to sign language. Approximately 5% of deaf

children have deaf parents, and approximately 95% of deaf children have hearing parents

(Spence, 2010). Most hearing parents do not understand fully the things that come along with a

deaf child, and sometimes that child does not receive the needs that are required to flourish in

their future. There are some deaf children that will be shown ASL at a young age because they

will attend a school for the deaf, but many deaf children will grow up going to schools for

hearing kids, never getting experience with the deaf community or sign language until after they

are graduated. However, this exposure may not even occur until after graduation if the child has

had no familiarity introduction or exposure to it (Swisher, 1989).

American Sign Language Coordinator at the University of Pennsylvania, Jami Fisher,

believes ASL is extremely important to deaf people. “With most Deaf people lacking immediate

access to (sign) language from birth, the cognitive, linguistic, social, and educational trajectories

are directly affected. There's a large literature on language deprivation and deafness with respect

to these issues” (J. Fisher, personal communication, October 23, 2017). Without a language, deaf

children through adults are greatly affected in their everyday life. Most will never be successful

or get a full education because of this lack of knowledge.

Examples of ASL in school

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Only some high schools include American Sign Language as a language class, and most

colleges have the option to take ASL for credit, but why is that? Why is ASL not offered in every

school when there is at least one deaf person or child in that community? A language barrier is

set up without people noticing because this language is not taught to those who are hearing. Most

hearing people will never come into contact with a deaf person because they are uneducated on

their culture and have no way to communicate because sign language is not an option for most

high schoolers. By the time most students are going into college, the opportunity to want to be

involved in the deaf community has passed.

Jami Fisher believes sign language should be incorporated into the public school system.

“I think in the same ways that Spanish or French is an option for FLES (Foreign Language in

Elementary Schools), ASL would certainly be an important option” (J. Fisher, personal

communication, October 23, 2017). If sign language cannot be an accredited class it should be an

option for an after school activity or club for those who want to learn the language.

Williamsburg-James City County Schools are one of the areas that offer sign language in high

school. Once middle schoolers reach ninth grade they are able to choose a language in order to

graduate, and sign language is considered an option ("World Languages," 2017). A major

question is how important it is for sign language to be available to deaf people, and Jami Fisher

stated how it is critical. “With most deaf people lacking immediate access to (sign) language

from birth, the cognitive, linguistic, social, and educational trajectories are directly affected.

There's a large literature on language deprivation and deafness with respect to these issues” (J.

Fisher, personal communication, October 23, 2017). Classes are beneficial to both the deaf

students and those who are hearing because it is important to integrate into other cultures by

learning about it and to be able to speak to those around you or in your community. Fisher’s
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ASL program at UPENN is important for their community. “We insist that our students not only

have opportunities to engage with deaf community members, but also that these connections are

mutually beneficial to deaf and hearing alike” (J. Fisher, personal communication, October 23,

2017). Including sign language as a class for students between elementary and college benefits

everyone. Deaf people can be more understood and no longer have a language barrier between

them and hearing people, and hearing people will be well educated in languages and cultures

unlike their own. “It's important that native signers are employed in these models; with so many

deaf people unemployed coupled with a plethora of mediocre signers (non-native, usually

hearing) teaching ASL, there is a huge disservice if these factors aren't attended to” (J. Fisher,

personal communication, October 23, 2017).

Interpreter Mishaps

At the Nelson Mandela Memorial where many world leaders, including President Obama,

eulogized Mandela in Johannesburg, South Africa; many people in the deaf community became

outraged as a man pretended to do sign language interpretation for the memorial (Memmott,

2013). The man interpreting for the event was not signing in a capacity that made sense to those

watching. Deaf people were unable to hear the event because of this mishap.

Before Hurricane Irma hit Florida, Manatee County leaders had a conference to address

the public with important information relating to the hurricane. At the last minute Marshall

Greene was called up to communicate what was being announced in sign language. However, he

began signing words like “pizza,” “bear,” and “monster,” which had nothing to do with the press

conference. The deaf community was outraged and demanded an apology from the county

(Mendoza, 2017).

Statistics
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As stated previously, “over 28 Million Americans are considered deaf or hearing

disabled” ("American Deaf And Hard of Hearing Statistics," n.d.). Having a hearing impairment

is not uncommon, and many people in the United States who are deaf or hard of hearing face

discrimination or are unemployed. Only 8 million of the 28 million deaf/hard of hearing citizens

are employed. This is a difficult fact considering “the prevalence of hearing impairment at all

ages decreases as family income increases. Overall, those with a family income of less than

$10,000 are twice as likely as those with a family income of $50,000 and over to have hearing

impairment” ("American Deaf And Hard of Hearing Statistics," n.d.). Along with discrimination

in the workplace, deaf people face feelings of isolation and depression because of their deafness.

However, these feelings are mostly attributed to older deaf people ("American Deaf And Hard of

Hearing Statistics," n.d.).

Discrimination in the workplace and finding jobs is sadly common and something that

happens to most deaf people in their life. Seventy two percent of deaf people have received no

support because of being deaf in finding a job. A survey by Totaljobs showed:

The majority (56%) of deaf or hard of hearing employees have experienced

discrimination during their career. This has led to one in four (25%) deaf people leaving a

job because of a difficult environment. Discrimination was most likely to come from

colleagues (62%), and then from management (53%). More than one third of deaf

jobseekers (37%) have faced discrimination as early as the interview stage. While the

vast majority (74%) of deaf people feel confident they have the right skills to look for

work, almost the same number (72%) has received no support because of being deaf in

finding a job. Furthermore, only 13% believe there is enough support available to help

deaf people to look for work. 1 in 4 (25%) workers state there is no provision for deaf
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employees at their workplace and nearly half (47%) said that they did not receive support

and guidance from their employer for issues related to being deaf. Moreover, almost one

in five (19%) people have not told their employer they are deaf or have experienced

hearing loss ("The Online Recruitment Resource," 2016).

When a deaf child is born, more than 90% of these children will be born into a hearing

family. When this occurs, some parents will begin to learn about the different options and start

looking towards sign language to be able to communicate with their child, but others will not

("Quick Statistics About Hearing," 2017). There are deaf children who have faced a barrier

between their family because a language was not given to them. Sometimes cochlear implants

are used, but these devices do not work for everyone. “A cochlear implant bypasses the parts of

the ear that are damaged and instead stimulates the auditory nerve. The brain interprets the

signals as sounds” ("Treatments and Devices," 2017). Although this device can be helpful to

those who lost their hearing when they were older or for very young children, it does not work

for everyone who decides to get one. It is still extremely important for people who are diagnosed

as deaf to be able to learn a language that will allow them to communicate with those around

them ("Treatments and Devices," 2017).

Current Laws, Acts, and Groups

Many laws and acts have been passed to help those with disabilities; however,

discrimination against the deaf continues to be a problem. There is still much to be done to aid

those who are deaf and hard of hearing in the fight against discrimination.

Americans with Disabilities Act

The Americans with Disabilities Act protects individuals with disabilities against

discrimination in jobs, schools, transportation, and all public and private places. This law is
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extremely important to those who have a disability of some sort and need equal opportunities to

be able to succeed. The ADA “guarantees equal opportunity for individuals with disabilities in

public accommodations, employment, transportation, state and local government services, and

telecommunications” ("What Is the Americans with Disabilities Act (ADA)?," 2017). These are

all aspects of life that these individuals should be able to excel in without facing discrimination

or challenges. The Americans with Disabilities Act was put in place in order to protect those who

have a disability in the United States. It is there to ensure that the appropriate accommodations

are provided in workplaces and other public places. However, there is still a major problem with

employers and public places ignoring this act and the guidelines it sets, or they simply do not

have confidence in those who are disabled to be able to do their work. There are some people

who face this ignorance by going to court, yet many disabled people do not have the time,

money, or ability to take these matters to court, or they are afraid to do so.

National Black Deaf Advocates, Inc.

The National Black Deaf Advocates (NBDA) was founded in 1982 is an organization that

champions for black deaf and hard of hearing people in America. They fight for civil rights and

equal access to education, employment, and social services for black deaf Americans ("Welcome

to NBDA," n.d.). A group like this one is extremely important for the lives of these deaf people.

In the United States being deaf and being black makes their lives difficult because of the

discrimination and racism they endure in public areas and in the workforce. These advocates

help in the fight to receive equality.

National Association of the Deaf

The National Association of the Deaf is a civil rights organization for deaf and hard of

hearing people in the United States, and it was “shaped by deaf leaders who believed in the right
FALLING ON DEAF EARS 14

of the American deaf community to use sign language, to congregate on issues important to

them, and to have its interests represented at the national level” ("About us," 2017). This is one

of the largest associations for the advocation of deaf people and has aided many in the fight for

equality.

Early Hearing Detection and Intervention Act of 2017

The Early Hearing Detection and Intervention Act of 2017 (in progress) “amends the

Public Health Service Act to revise programs for deaf and hard-of-hearing newborns and infants,

including to expand the programs to include young children.” This act will be very important for

the deaf community because it is imperative deaf children from a young age are given access and

information about their deafness and programs for aid. It is also important that this is expanded

to young children in the case that they were not provided this when they were newborns or

infants (Guthrie, 2017).

Alice Cogswell and Anne Sullivan Macy Act

The Alice Cogswell and Anne Sullivan Macy Act (in progress) “amends the Individuals

with Disabilities Education Act to require a state to identify, evaluate, and provide special

education and related services to children who have visual or hearing disabilities (or both) and

also are, or may be, classified in another disability category” ("Alice Cogswell and Anne

Sullivan Macy Act", 2017). This is very important for deaf people because it will allow deaf

children to receive the resources they need at a young age.

Court Cases

There have been numerous lawsuits because of the discrimination deaf people have faced

in the workplace, home life, and in public places such as Starbucks and Taco Bell. For most of

these cases, the deaf party wins and receives either compensation, or the defendant is required to
FALLING ON DEAF EARS 15

provide reasonable accommodation for the deaf person. Lawsuits provide a vehicle for the deaf

community to ensure equal opportunity.

National Association of the Deaf v. Netflix, Inc.

The National Association of the Deaf filed a complaint against Netflix for their failure to

provide equal access to “Watch Instantly,” a video streaming website for deaf and hearing

impaired people. The plaintiff wanted Netflix to provide closed captioning for the videos that can

be streamed using that site, so that those who are deaf have access. However, the defendant filed

a motion for judgement, saying that the plaintiffs did not have enough facts to be able to file a

suit using the Americans with Disabilities Act. To take action under the ADA, “a plaintiff must

show that the alleged discrimination involves the services of a ‘place of public accommodation,’

and show that a defendant ‘owns, leases (or leases to), or operates’ a place of public

accommodation.” The plaintiff in this case said that the Watch Instantly website was a place of

public accommodation, and even though Netflix fought against that, the court agreed that they

may not discriminate in the video streaming. The Defendants Motion for Judgment on the

Pleadings was denied (National Association of the Deaf, Et Al., Plaintiffs v. Netflix, Inc.,

Defendant).

Equal Employment Opportunity Commission v FedEx Ground

In 2014, FedEx was sued because they did not provide accommodations for their deaf

employees, and discriminated against applicants. The Equal Employment Opportunity

Commission filed this lawsuit because of many other charges that were made all over the country

and put them all into one lawsuit. This increased the chance of holding FedEx responsible.

Although FedEx has employed many deaf employees, they failed in more than one occasion to

make sure interpreters were available when deaf employees had “mandatory initial tour of the
FALLING ON DEAF EARS 16

facilities, new-hire orientation for applicants, staff meetings, performance meetings, and safety

meetings” ("ADA Lawsuit: FedEx Ground Sued for Discrimination vs. Deaf," 2016). Along with

this failure, the company “refused to provide necessary modifications to sound-sensitive

equipment (such as moving equipment and scanners that beep) to deaf and hard-of-hearing

employees” ("ADA Lawsuit: FedEx Ground Sued for Discrimination vs. Deaf," 2016). If

implemented, these changes are small and easy for FedEx to handle, and the addition of these

changes will improve the safety of the deaf employees. FedEx decided that this lawsuit was

unfair towards their company and filed to dismiss the case and strike the complaints against their

company. However, in 2016 a federal judge denied their motions, moving the EEOC and the

deaf employees further towards justice ("ADA Lawsuit: FedEx Ground Sued for Discrimination

vs. Deaf," 2016).

This case has not been finalized, which goes to show why many deaf people do not sue.

Big companies, like FedEx, are able to have many lawyers on their side because they have

money to keep lawsuits delayed for as long as possible. Deaf people either do not see the point in

going through a struggle that can last years, or they begin to fight, but soon give up because big

companies and/or corporations are able to significantly delay the case.

Conclusion

Discrimination against deaf people can greatly hinder their ability to succeed in life

because they may never get to the same opportunities that those who are hearing have. Many

people in the deaf community are unemployed because an employer will not provide the

necessary accommodations or they are not hired due to their deafness. Over the past few decades

opportunities for the deaf community have improved; however, discrimination and ignorance

continues to be a major problem. Scholars such as Jamie Fisher, Coordinator of Deaf Studies at
FALLING ON DEAF EARS 17

the University of Pennsylvania, emphasize that mechanisms such as cochlear implants are

favored more often and to the point that they obscure the use of sign language and decrease the

rights of the deaf (J. Fisher, personal communication, October 23, 2017). There are still many

legal avenues that can be pursued to continue to fight against discrimination and help deaf people

succeed, often starting at a young age. “I think that laws that prioritize sign language access from

birth would be helpful to the cognitive, linguistic, social, and educational development of deaf

children” (J. Fisher, personal communication, October 23, 2017). Jami Fisher believes that

giving this access will be extremely beneficial to all deaf people and will allow them to find

success as they become adults. It is important for deaf people to have equal access to a quality

education and employment opportunities. As a deaf individual grows and begins becomes a part

of the working community it is necessary that they receive fair treatment. Many advocates for the

deaf and professionals of this area know there is still work to be done regarding the treatment

and equality of deaf people, and it is critical that people educate themselves on this issue and

learn how to help those in the deaf community.

FALLING ON DEAF EARS 18

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