DEAF WATCH---- JUNE - 1999 Greetings, Last Sunday, I was nominated to chair the Computer and Technology committee of the United Democratic Clubs. This will be my first non-disability related appointment. I will help develop policy and help monitor computer related threats to society from violent games to the year 2000 bug to name a few. I anticipate an easy approval and am looking forward to be active in computer related issues. One of my duties as Chairperson of the disability committee of the Democrats North Orange County, is to bring disability related problems to the attention of our lawmakers. Some of you may dislike my recent actions bringing our attention to inefficient disability support centers. This has to happen if we are ever to hold jobs, lead productive lifestyles, and become contributors to society. I have submitted 3 resolutions to this effect in the past month. The main duty of this position is not to uphold the law as they are, but to recommend improvements to the laws that are supposed to help us. I feel sorry for those who want to waste their time trying to attack me for trying to make changes that will lead to positive results. As for my health, I'm now being weaned off from some post operative medications and functioning close back to normal activities. I'm very pleased that I'm returning back to normalcy. Richard Roehm ************************************************************* FORTUNE MAGAZINE REVEALS SUNNING FACTS "Just Because I Can't Walk, Doesn't Mean I Can't Think": Jobs for the Disabled In the April 30 issue of the magazine, I answered a reader named Dave who at age 33 was forced to "retire" because of a severe spinal injury. He wanted to know whether there is any market for smart, talented people who have been disabled, and I confess I had no idea--so I looked into it a bit. What I found amazed me. And that column got a huge response from magazine readers--including many who shared Dave's predicament, one way or another. "Legs and brains are not necessarily connected," wrote someone named Sam. "Just because I can't walk, doesn't mean I can't think. I wish somebody would give me a chance to prove it." Well, Sam, somebody may. A few statistics: Of the 40 million Americans with some sort of disability, only about 15% were born with it. According to reliable estimates, one in six of us will be disabled (temporarily or permanently) at some time in our lives, often after gaining considerable work experience. Among people with disabilities, the unemployment rate is a stunning 85%--in part because executive-search firms fear the disabled will be just too hard to place. But here's one idea: Get in touch with an employment agency called Diversity Services. Started three years ago by a long-time human-resources executive named Jeff Klare (who got the idea while watching his HIV-positive sister struggle to keep her job), the firm has offices in New York City, Chicago, and Dallas, with plans to open Atlanta and San Francisco branches by the end of May. So far, Diversity Services has found work for about 4,000 disabled people nationwide, with dozens of companies, including Chase Manhattan, Philip Morris, and Time Warner (the parent of FORTUNE's publisher). Many of the positions start out as temporary, but these often turn into permanent jobs, in areas ranging from "clerical work to computer programming to middle management to creative people like art directors--in short, whatever our client companies need, and wherever in the country they need it," says Klare. He notes that Diversity Services, which won an Arthur Andersen Enterprise Award for best business practices in 1997, is "a win-win deal. Employers having trouble finding qualified job candidates, with overall unemployment so low, often find that the disabled represent an enormous untapped pool of talent." For more information about Diversity Services, go to www.diversity-services.com. To send a resume, fax (212) 685-9358. Now, I do know you folks well enough to know that, as soon as the word "disability" crops up, someone is going to want to open a debate about the recent Supreme Court hugger-mugger on what defines a disability, and who is therefore covered by federal law (or, as the lawyers put it, who is or is not a member of a "protected class." Other "protected classes" include women, people of color, and so-called whistle-blowers). The question lately before the Court has been whether it is "discrimination" to deny a job that requires keen eyesight to someone who, um, doesn't see too well. (Do you want to be on that 747, 32,000 feet over the Atlantic, whose pilot can't find his contact lens? Does his lawyer want to be there?) These can be complex questions, but one thing is certain: There is far too much talent going to waste. What do you think about it? Annie Fisher ************************************************************* UNITED PARCEL SERVICE VIOLATES CIVIL RIGHTS OF ITS DEAF AND HARD OF HEARING EMPLOYEES Oakland, CA—Today (May 13, 1999) in the U.S. District Court, Northern District Court of California, Disability Rights Advocates (DRA) and Schneider & McCormac filed a nationwide class action lawsuit (Bates v. UPS, et al.) against United Parcel Service (UPS) for violating the Americans with Disabilities Act (ADA). UPS discriminates against persons with hearing disabilities by failing to provide the accommodations necessary to ensure effective communication in the workplace. UPS does not promote its deaf or hard of hearing employees. UPS also excludes its deaf and hard of hearing employees from holding, and fairly competing for, driver positions for which such employees are fully qualified. The plaintiffs are seeking injunctive relief that will force UPS into compliance with federal civil rights laws. UPS fails to provide very basic accommodations that its deaf and hard of hearing employees need to safely perform their jobs. For example, UPS does not provide sign language interpreters at orientation sessions, staff and safety meetings and even disciplinary meetings. It also fails to provide written materials so that deaf employees can get information that was presented orally to other employees at such meetings. UPS even fails to provide TDD machines (telecommunication devices for the deaf) so that deaf employees can communicate by phone at their work place, and failed to install visual emergency/warning equipment so that deaf employees can be notified of emergency conditions. As the largest package delivery company in the world, with a gross annual income of over $ 24.8 billion, UPS can well afford the costs of such accommodations. In addition, Federal Department of Transportation (DOT) regulations permit drivers who satisfy state commercial driver license requirements to operate vehicles that weigh less than 10,000 pounds. Most UPS facilities have a number of driver positions that utilize these types of vehicles, yet UPS refuses to allow hearing impaired drivers who meet state regulations to drive such trucks. Moreover, Plaintiff Eric Bates even satisfied the stricter DOT requirements for driving vehicles over 10,000 pounds, yet UPS denied him an opportunity to drive any of its delivery vehicles. The named class representatives in this suit are Eric Bates and Bert Enos, both of whom are deaf. Mr. Enos states, “UPS made my life hell. UPS harasses its deaf employees and does not provide them with reasonable accommodations for their disability. UPS also ignores their requests for interpreters and a TDD. Without these accommodations, their safety is in great jeopardy.” Eric Bates has been employed as a pre-loader at UPS’ Sunnyvale facility since January 1996. He has twice completed UPS’ driver certification process having met both state and federal qualifications. However, UPS refused to allow Mr. Bates to drive any of its vehicles for which he is qualified. Mr. Bates described UPS’ refusal as “unfair because people with less seniority than I were promoted to driver positions and are therefore earning higher salaries. I have worked as a pre-loader for three years and have become certified to drive delivery trucks; I just want the same advancement opportunities provided to non-disabled workers.” Rowena Gargalicana, an attorney for the plaintiffs, notes: “It is ironic that UPS’ web page boasts about the company’s willingness to hire and accommodate deaf employees. The fact is that UPS routinely denied Mr. Bates and Mr. Enos basic accommodations such as a sign language interpreter during safety meetings. This lawsuit is necessary to get UPS to meet its basic legal obligations.” Plaintiffs are represented by Disability Rights Advocates, a national civil rights nonprofit law firm exclusively representing people with disabilities and Schneider & McCormac, a prominent San Francisco civil rights firm. CONTACT: Larry Paradis/Rowena Gargalicana Todd Schneider/Noah Lebowitz Disability Rights Advocates Schneider & McCorma (510) 451-8644 (415) 440-3440 general@dralegal.org info@schneidermccormac.com ************************************************************* JUDGE SHOCKED BY TREATMENT OF PRISONERS WITH DISABILITIES By Claire Cooper Bee Legal Affairs Writer OAKLAND -- A federal judge announced Thursday she expects to rule that California's parole board has been violating the legal rights of prisoners with disabilities in "shocking and appalling" ways. The statement came from U.S. District Judge Claudia Wilken at the end of a monthlong trial. Lawyers presented evidence that many people with disabilities have faced high, often insurmountable obstacles to parole or in fighting revocation of parole. Inmates and parolees who can't walk have been forced to crawl up stairs without assistance to get to their hearings, according to the evidence presented by the non-profit Prison Law Office, the Disability Rights Education and Defense Fund and a team of private attorneys. The lawyers also presented evidence that deaf inmates have been denied sign-language interpreters, and blind and mentally impaired ones have been denied readers. The suit was filed under the federal Americans with Disabilities Act on behalf of several thousand disabled inmates and parolees. Donald Specter, the Prison Law Office director, said in closing arguments Thursday that it's a particularly severe violation of that law to make someone serve a longer prison term because of a disability. Wilken asked Specter to draft a suggested injunction. She set a mid-July deadline, giving the state's lawyers time to review it and make suggestions before it is submitted for her review and signature. Although she called her verdict in favor of the plaintiffs "tentative," she expressed a firm conclusion about the weakness of the case made on behalf of the parole board. "There has been essentially no defense," she said, criticizing the board for wasting money in court instead of complying with the disabilities law. That the "parade of horribles" presented by the plaintiffs has caused little concern at the parole board, she said, "makes it all the more shocking and appalling." During closing arguments Deputy Attorney General George Prince said the parole board doesn't control either the prisons, where most of the hearings are held, or the prison personnel, who deliver the inmates to the hearings. But Wilken said the anti-discrimination law doesn't permit the board to contract with facilities or personnel that violate legal requirements. She also criticized what she called "personal attacks" against prisoners and parolees with disabilities. The plaintiffs were disparaged by the defense as child molesters and murderers, said Wilken. They weren't asking to be treated like model citizens, she said, but merely like non-disabled child molesters and murderers. USA-L News ************************************************************* FCC WILL NOT TAKE ACTION ON PENDING TTY WAIVER PETITIONS May 14, 1999 The Federal Communications Commission (FCC) released a Public Notice Thursday reporting on the status of pending petitions for waiver of the Commission's TTY rules for wireless carriers. Reflecting recent developments addressing the incompatibility of text telephone (TTY) devices and digital wireless systems, the Wireless Telecommunications Bureau (WTB) announced that it will take no action on the pending petitions at this time. In the E911 First Report and Order, the Commission required that, as of October 1, 1997, all covered wireless carriers must be capable of transmitting 911 calls from individuals with speech or hearing disabilities through means other than mobile radio handsets, e.g., through the use of TTY devices. Carriers operating digital wireless systems have not been able to meet this requirement because digital systems are not able to accurately pass the specific audio tones produced by TTY devices. Recognizing the technical difficulties associated with transmitting TTY calls on digital systems, the Commission suspended enforcement of the TTY requirement for digital systems until December 31, 1998. In November 1998, the WTB announced that it would accept petitions for waiver of this section for carriers that could not comply with this rule as of December 31, 1998 and in response received more than 100 petitions. The Commission indicated, in an Order adopted December 30, 1998, that all parties filing petitions would receive "temporary waivers," and that each party's petition would subsequently be evaluated to determine if justification existed for the grant of a permanent waiver from this rule. The petitions currently are still pending. The wireless industry has presented the FCC with a possible solution to the TTY/digital problem. This solution would enable consumers to use existing TTYs in conjunction with digital phones, and achieve error rates as good as achievable with analog wireless phones. Although this solution has not been fully tested, it appears promising. Because of this, the FCC announced it will maintain the temporary waivers that were granted to carriers in December 1998 and is deferring further action on the pending petitions at this time. ************************************************************* SSI AND SSDI EXPLAINED AND BUDGETING TIPS FOR ENROLLEES Contrary to popular opinion, the SSI and SSDI programs from the Social Security Administration are NOT supposed to provide money for general living expenses. They are only supposed to provide the MINIMUM amount of money for food, clothing and shelter (rent, utilities, and BASIC "lifeline service" monthly telephone costs). THE SSI PROGRAM A person who receives SSI really only gets about $350 from the federal government each month. In states outside of California, there is the opportunity to also get Food Stamps, which pay for the BASIC monthly food costs for an individual. You would also get Medicaid, to help pay for your medical costs. In California, these Food Stamp amounts are included in the California supplemental payment, called "SSP," which is added to the SSI checks directly, plus a few dollars more for increased living costs in California. So, California SSI recipients get a combined check, that is really called "SSI/SSP." In California, medical and some dental costs are covered by "Medi-Cal," which is what Medicaid is called in the State of California. HOW TO BUDGET WHEN YOU RECEIVE ONLY SSI CHECKS EACH MONTH 1.) IF YOU DO NOT LIVE IN CALIFORNIA, AND YOU GET SSI AND FOOD STAMPS If you are not in California, it is easy to budget. Simply use your Food Stamps for your food costs each month (divide the total by 4, and this will give you the amount you can spend on food each week), and then use the SSI check for your shelter and clothing expenses. 2.) PEOPLE WHO RECEIVE SSI/SSP IN THE STATE OF CALIFORNIA, AND NO FOOD STAMPS If you live in the State of California, it is difficult to budget, since you get only one check for "SSI/SSP." You need to SEPARATE your check, in your finances, to make sure that you spend your money properly, and that you have money for food. ** FIRST, subtract an amount for food each month, as soon as you get your SSI/SSP check. For a single person, this is about $300 per month. KEEP THAT MONEY SEPARATE, and spend 1/4 ($75.00) per week, only for food for yourself. SSI/SSP does NOT give you food money to "treat" your friends, or to buy food for parties at your house, or to buy food at expensive restaurants, or to buy pet food for your animals. They expect you to learn how to cook for yourself, and to learn how to buy healthy foods, fruits, vegetables, and "store label" brands of food, to keep your food costs as low as possible, while still remaining healthy. ** SECOND, use the remaining money from your "SSI/SSP" check, which is about $350.00, for your rent, utilities, clothing, and ONE telephone with a basic "lifeline service" monthly cost. -- Basic "lifeline" telephone service costs about $10.00 per month. The SSI/SSP program does NOT provide you with extra money to make long-distance or expensive telephone calls. This "lifeline" service is meant to only let you budget for local telephone calls, and for emergency calls in your local calling area. -- Clothing expenses are budgeted for BASIC clothing that is necessary to keep you warm and comfortable. SSI/SSP does NOT give you money for "designer" clothes, clothes from regular department stores, or any other expensive clothing. You need to find the cheapest clothing, including searching at "Thrift Stores" and second-hand clothing stores, to meet your budget. -- Of course, a single person who gets only SSI/SSP will not be able to afford to live alone in a regular apartment. The SSI/SSP program does give an amount of money that is enough to pay for a dorm room in a college or university, while you get your education. Or, it may give you enough money to share an apartment with roommates. If you are sharing an apartment with roommates, it is UP TO YOU to make sure that the other people in your apartment have proper budgets, and can pay THEIR rent, utilities and other living expenses properly, and on time. If THEY fail to budget their money properly, then YOU will be out on the street, with no place to live! So, make sure your roommates are dependable, reliable people. If necessary, you can possibly go back to live with your parents, but if you do that, the SSI/SSP check that you receive will be REDUCED by 1/3, since your parents will be supporting your living expenses -- this is an SSI rule. FOR PEOPLE WHO GET SSDI (SOCIAL SECURITY DISABILITY INSURANCE) Your checks are given to you by the Social Security Administration because you have a history of working in the past, and you have paid enough money from your former paychecks for "FICA" (federal insurance). The amount of your SSDI checks depends on how long you worked in the past, and how much money you earned from your past jobs. So, SSDI amounts are NOT the same for everyone. If your SSDI check is too low, then you may also get an SSI or SSI/SSP check, in addition, but the total of the two checks will be low in that case (about $20 more than other SSI or SSI/SSP recipients). HOW TO BUDGET WHEN YOU GET SSDI CHECKS, OR SSDI AND SSI CHECKS The same basic rules apply to budgeting if you get SSDI checks. ** FIRST, calculate the amount you need for your personal food expenses per month, about $300, and keep that money SEPARATE. Use $75.00 per week for your personal food costs. REMEMBER!! The SSDI checks do NOT include extra money for food! So, you need to make sure that YOU budget for your food costs every month, by yourself. Some SSDI people in California can get Food Stamps, so check with your local Department of Public Social Services office to see if you are eligible for Food Stamp benefits or not. It depends on the amount of money you get each month from SSDI, and everyone is different, so check this for yourself. ** SECOND, use the rest of the money for your clothing, utilities, and basic "lifeline" telephone monthly payments. You may be able to afford a little bit more money each month for these things, depending on your SSDI amount that you get each month. HOWEVER, SSDI doesn't make you "rich," and it is important for you to try to save 10% of your check each month for future emergency needs. SSDI recipients also have the right to have extremely small checks go to their minor children, and sometimes to their spouses. This money is then added to the "family budget," for overall rent, utilities, telephone, etc. costs of living. WHAT ABOUT THE THINGS YOU REALLY NEED AND WANT OUT OF LIFE?? These monthly government checks are for people who are either in college or university full-time, or those who absolutely CAN'T work at all, for medical reasons. These checks are NOT meant to give anyone the ability to travel, buy a car, buy designer jeans or shoes, go to many parties, buy furniture, pay for entertainment, or provide any of the enjoyments of life. If you have completed your college or university degrees, and if you now want to truly ENJOY life, and if you want to be able to afford to live the way you want to live, as an independent adult, then there is only one choice... GO TO WORK. Paulette Caswell ************************************************************* MARYLAND COMPANY AWARDED TOP HONORS BY PRINTING AND GRAPHIC COMMUNICATIONS ASSOCIATION Silver Spring, MD - Five storybooks and the User's Guide, which are a part of the software package, "Paws Signs Stories," were recognized recently for both the quality of printing and the attractiveness of the graphics. Robert F. Smith, President of Colortone Press of Landover, Maryland, presented a certificate from the Printing and Graphic Communications Association of the Washington area to the "Paws" design team at the Institute for Disabilities Research and Training, Inc. (IDRT). This award recognized the high quality of printing by Colortone Press and the engaging and colorful graphics of the five stories and the attractive format of the User's Guide, designed by David Hsu, and written by Dr. Corinne Jensema and Dr. Angela Bednarczyk of IDRT. The award, "Best of Category," is the highest level of Excellence in Print. The judging process for this award included assessing the technical excellence in printing (quality of printing, physical appearance, and choice of paper and ink), as well as evaluating the graphic design (visual impact; effective use of color, type and composition; and flair, originality and creativity). "Paws Signs Stories" is a CD-ROM and storybooks designed for children ages 3 to 7 to promote language acquisition, reading, cognitive and computer skills. The five stories and 15 games are all signed in American Sign Language, as well as spoken and printed in English. Similar to the development phase of "Paws," the U.S. Department of Education is funding the creation of five more CDs, focusing on the community. The first CD, "Pawstown, USA: Woof Woof Way," will be available in the Fall, 1999. ************************************************************* NEZ'S CYBER MALL SUPPORTS THE DEAF COMMUNITY Nez's Cyber Mall is a fundraiser project that will help support the newly created Orange County Deaf Advocacy Center. This mall has been designed with accessibility in mind. All commissions generated by sales activity within this mall will be used to support the Orange County Deaf Advocacy Center. Nez's Cyber Mall can be found at: Http://www.i-sphere.com/eyedeaf/deafmall.htm ************************************************************* RESOURCE OF THE MONTH: We have seen many different e-card sites but up until now there was no such site that does cards with ASL. Deaf Resources, that carry a number of different ASL products for people involved in Deaf Education, ASL, Interpreters and those interested in the Deaf Community and Culture. Deaf Resources promotes Deaf Theater. The e-cards are free. Finally we got something of our own! Send your friends some cards made with Deaf Culture! Deaf Resources Postcard Center http://www.illustrationbydesign.com/card/send2.htm ************************************************************* Disability Lawsuit List. Employee who could not stand for more than 50 minutes at a time - was not actually disabled under the ADA. - was regarded as disabled due to employer's innocent mistake. Taylor v. Pathmark Stores (3rd Cir 05/19/99) Taylor sued under the Americans With Disabilities Act (ADA) claiming that he was disabled and that the employer regarded him as disabled. At the end of Taylor's presentation of evidence to a jury, the trial court granted judgment as a matter of law for the employer; the 3rd Circuit affirmed the finding that Taylor was not actually disabled, and reversed the finding that the employer did not regard him as disabled. Taylor was working as a frozen food manager when an injury left him with a 16% permanent disability in his right ankle. If he stood or walked for more than 50 minutes he needed a cane or crutch. Over a period years the employer allowed rest periods and the use of a cane or crutch. Then a series of sometimes contradictory physician reports ultimately led the employer to discharge Taylor for the stated reason that he could not perform the essential functions of the frozen food manager job or any other available position. (1) Taylor was not actually disabled under the ADA because he was not substantially limited in the major life activities of walking and standing. He walked with a slight limp. He could stand for 50 minutes, after which he needed a crutch or cane. He used a prosthetic shoe to ease his pain and discomfort. His girl friend testified that he took regular walks after dinner and that he did not need a crutch or cane. There was no testimony that he stood or walked, within the 50 minutes of each hour that he could, with any less ability than the average person. EEOC regulations refer to a person who "can only walk for very brief periods of time," and 50 minutes is not a "very brief" period. (2) A reasonable jury could find that the employer perceived Taylor as disabled. The jury could have found that the employer considered Taylor to be incapable of performing any of the employer's jobs, with or without an accommodation. The employer seemed to have made a mistake in interpreting Taylor's medical records. Although a physician had reported that Taylor had some "temporary" restrictions, the employer sent Taylor a letter saying that it had been advised that his restrictions were "permanent." This mistake appeared to be caused by a "communication gap" between two of the employer's departments. The 3rd Circuit made it clear that the burden of correcting the employer's mistaken belief lies upon the employer. "An employer can rely on an employee's information about restrictions, but it has to be right when it decides that those restrictions are permanent and that they prevent the employee from performing a wide class of jobs, as opposed to one particular and limited job." "To successfully claim that he was wrongly regarded as disabled from working, a plaintiff need not be the victim of negligence or malice; an employer's innocent mistake (which may be a function of 'goofs' or miscommunications) is sufficient to subject it to liability under the ADA." ------------------------------------------------------------- - DEAF WATCH - Federal ID Number : 33-0765412 - Chief Editor/Editor : Richard Roehm - Orange County, California - Internet : Deaf@activist.com - Nesmuth@worldnet.att.net - ICQ #: 7389913 | Handle: SilentKnight - DEAF WATCH Http://www.deafwatch.com - Http://www.i-sphere.com/eyedeaf/deaf.htm - Visit Http://www.i-sphere.com/eyedeaf/nez.htm ---------------------------------------------------------- - Education is the best gift that lasts a lifetime! - Help someone subscribe to The Deaf Watch Newsletter ---------------------------------------------------------- - SUBSCRIPTION INFORMATION - To be added to the mailing list, send "SUBSCRIBE" - To be deleted from the mailing list send "DELETE" - to this address DEAF@ACTIVIST.COM - - Mailing lists are not sold/given to anyone. ------------------------------------------------------------- - Need to stay on the net? 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