DEAF WORKERS OF ORANGE COUNTY PROJECT -- DEAF WORKERS WEEKLY BULLETIN -- October 9, 1999 Greetings, My apologies for not doing a newsletter last weekend. I was extremely busy that weekend. I just want to let you know that as the climate here becomes less predictable, I will have to adjust my schedules to adapt to the continually changing political climate. When a society changes from one way to another there is turbulence where the 2 climates meet. Like you see with the weather where the cold front meets the warm front, there is turbulence and storms. The same thing applies to political climate. This so called 'line' where the two political fronts meet is simply over Orange County right now and we're seeing a lot of weird stuff happening like our fellow Democrat congresswoman is not showing support for H.R. 1180 "Work Incentives Improvement Act of 1999". Her September 29 letter lacks any indication of her support of the H.R. 1180 bill. Richard Roehm ---- TARGET VIOLATES CIVIL RIGHTS OF DEAF AND HARD OF HEARING Oakland, CA—Today (October 6, 1999) in the U.S. District Court, Northern District of California, Disability Rights Advocates (DRA) and Schneider & McCormac filed a nationwide class action lawsuit of first impression (Lundstrom v. Target) against Target Stores, a division of Dayton Hudson Corporation, for violating the Americans with Disabilities Act of 1990 (ADA). Target discriminates against persons with hearing disabilities by failing to provide the accommodations necessary to ensure effective communication in the workplace. The ADA requires places of public accommodation, such as retailers or department stores, to provide reasonable accommodations for people with disabilities during the interview process. For people who are deaf or hard of hearing, retailers must provide the necessary accommodations to achieve effective communication between the hearing and deaf persons. For deaf people, interpreters are a necessary accommodation to bridge the communication gap between sign language and English users. Target, however, has exhibited a pattern and practice of refusing to provide interpreters during the job application process which severely disadvantages deaf people’ s opportunities to fairly and equally compete for employment. As one of the largest retail stores in the nations, with a annual revenues of over $ 20 billion, Target can well afford the costs of such accommodations. The individual named Plaintiff, Gary Lundstrom, represents a state and nationwide class of all persons with hearing disabilities who have been injured in the legal right or are threatened with such injury because of Target’s conduct in establishing and implementing discriminatory policies and practices against deaf and hard of hearing job applicants. Plaintiffs are seeking injunctive relief that will force Target into compliance with federal civil rights laws. Target systematically fails to provide very basic accommodations to deaf and hard of hearing job applicants during the employment application process. Target’s refusal to provide deaf and hard of hearing applicants with sign language interpreters for interviews forces them to communicate with interviewers by writing notes. Target also refuses to provide hearing disabled applicants with interpreters for written job examinations administered by Target. An investigation of Target stores across the nation shows that Target routinely denies deaf job applicants’ requests for interpreters for job interviews. Of ten deaf people across the nation, six were discriminated against by one form or another. For example, three people were told that Target would not provide an interpreter for the job interview. Two other people were told that Target was not currently hiring. However, when hearing persons inquired about job openings at the same stores, they were told that Target was currently hiring and were encouraged to apply. Only one deaf individual was told that Target would provide him with an interpreter and that he would receive a call to schedule an interview. Despite his repeated TDD (Telecommunication Device for the Deaf) calls and messages concerning scheduling an interview, Target never returned his messages. The last time he called to follow up on an interview, he was told that Target was already conducting interviews. The named class representative in this suit is Gary Lundstrom, who is deaf. Mr. Lundstrom states, “Target didn’t even give me a chance. I asked for an interpreter and they said they would give me one. But before the interview, they called me and told me they could not find an interpreter and just told me to come in for the interview anyway. I told Target that I needed an interpreter, but they insisted that I should just interview without one. I decided to go to the interview anyway because I needed a job and I wanted to try. But, without an interpreter at the interview, I was not able to understand what was being said, ask questions easily, understand most of the questions on the test, or talk about my skills.” Rowena Gargalicana, an attorney for the plaintiff, notes: “It is ironic that Target’s web page boasts about the company’s commitment to diversity and about the company’s Diversity Task Force. However, Target’s practice of routinely denying deaf job applicants sign language interpreters during job interviews is proof that Target does not want to hire deaf people.” 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. ---- WHY IS 'HEARING-IMPAIRED' OFFENSIVE? By Al Noll Like "deaf and dumb," "deaf mute," or "deaf and mute," the term 'hearing-impaired' is now widely regarded by deaf people as being offensive and derogatory. Not only has 'hearing-impaired' fallen out of favor, it is also politically incorrect. To begin with, "hearing-impaired" was never the preferred term among deaf and hard of hearing people; it was a term propagated by the medical profession and was never widely accepted by the deaf and hard of hearing community. This lack of acceptance was due to the fact that both groups considered 'hearing-impaired' to be offensive because that term implied that the person was impaired of defective. It also carried a value judgment that many people found offensive. For example, if I say that I am hearing-impaired, people may get the impression that I'm impaired of something that I can't do. It is a negative connotation. Given those facts, one may wonder what the appropriate word for those of us who cannot hear or who can hear a a little is. The answer is simple. If you are deaf, say that you are deaf. If you can hear a little or can use the phone, then say that you are hard of hearing. If you are referring to both groups, then use "deaf and hard of hearing." This separation of groups is particularly important in the deaf community because the deaf and the hard-of-hearing each have their own identities based on cultural differences. Okay, now suppose that your boss calls you "hearing impaired." How can you explain to him that 'deaf' is the preferred terminology? I'm sure that your boss is hearing so you can tell him "If you want to continue calling me 'hearing-impaired' then I will from now on call you 'deaf impaired'" That would be fair enough. Oh you got no guts to say this to your boss this because you're afraid to get fired? Here's what you can do: 1. Be diplomatic, that's a very important attitude. Remember, people would appreciate updating their knowledge if you use the right approach, tactfully and diplomatically. 2. Simply put, explain that 'deaf and hard of hearing' is the preferred term, the term of choice, within the deaf and hard of hearing community. 3. Also, explain that it's critical to distinguish between people who have no usable hearing and some usable hearing; hence it's more politically acceptable to say "deaf or hard-of-hearing." 4. Point out some examples such as would African-Americans like being called "white impaired?" No, because this is basically the same indignity that deaf and hard of hearing people now feel with the term "hearing impaired". It emphasizes that they are lacking something that they do not consider important in their culture. 5. Show this article to your boss. Good luck and remember that you're deaf, you're proud to be deaf and your identity is deaf, not "hearing impaired". The same goes for 'hard of hearing'. The combination of "deaf and hard of hearing" is what the world should call us. Al J. Noll who was born profoundly deaf to deaf parents is the guest writer for this quarterly issue. SLReport Deaf's Corner will feature a deaf guest columnist in each issue. ---- NEWS FLASH! DECISION FROM 4TH CIRCUIT ABOUT BULLYING AND HUMILIATION The Fourth Circuit Court of Appeals issued a strong decision on behalf of a depressed child in “Baird v. Rose, Cohen and the Fairfax County School Board.” The facts in this case are as follows: After learning that a child was severely depressed, the middle school teacher humiliated the child repeatedly in front of her classmates. The mother confronted the teacher, asking that the child be allowed to participate in class. The Court found: “Rose refused, stating that she felt it would be best for Baird, given her depression, not to participate in show choir and that individuals who suffer from depression could not be counted on to meet their responsibilities.” As the child’s anxiety and depression increased, the attacks worsened. The child was suicidal. The child’s physician and psychologist wrote letters to the principal, asking that she intervene on behalf of the child. Although school principal Cohen was repeatedly asked to intervene, she refused. The Court found: “Due to the stress of this situation, Baird began to suffer severe sleeplessness, inability to sleep alone, decreased appetite, exhaustion, difficulty concentrating, fear of humiliation by other students, fear of humiliation by Rose, and a dramatic increase in the occurrence of physical illnesses. In addition, the quality of Baird's schoolwork began to suffer as a result of her exhaustion, difficulty concentrating, and increased physical illnesses. Her grades fell dramatically. Baird's mother took a leave of absence from work in order to ensure that Baird did not attempt suicide again.” This decision includes a discussion about retaliation, differences and similarities between the Americans with Disabilities Act and Section 504 of the Rehabilitation Act, and requirements for a claim of intentional infliction of emotional distress: “Under Virginia law, intentional infliction of emotional distress requires that (1) the wrongdoer's conduct was intentional or reckless; (2) the conduct was outrageous and intolerable in that it offends generally accepted standards of decency and morality; (3) the wrongdoer's conduct caused the emotional distress; and (4) the emotional distress was severe.” The Court found liability “only where the conduct has been so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community.” The Court discussed abuse by an “actor of position” where an individual has authority over another because of their position (i.e., teacher, principal, police officer). The Court concluded that: “We cannot say, as a matter of law, that the allegations in Baird's complaint do not allege facts so outrageous as to exceed the bounds of decent society. Therefore, we reverse the decision of the district court dismissing Baird's claim for intentional infliction of emotional distress.” For the full text of this decision, go to http://www.wrightslaw.com/law/caselaw/case_Baird_Rose_4thCir_9910.html ---- OCDAC WEBSTORE SUPPORTS THE DEAF COMMUNITY OCDAC WebStore is packed with items for use by people with hearing disabilities and a few extras. OCDAC WebStore can be found at: Http://www.deafadvocacy.com/product.htm ---- SENATOR BOXER NEEDS A STAFF ASSISTANT JOB ANNOUNCEMENT Staff Assistant United States Senator Barbara Boxer Los Angeles, California September 30, 1999 U.S. Senator Barbara Boxer has an immediate opening for an entry-level Staff Assistant in her Los Angeles Regional Field Office. Primary duties include answering phones, greeting visitors, and drafting correspondence to individuals and constituent groups. Other responsibilities include general administrative support, such as producing the daily newsclip digest, assisting with office supply orders, controlling office inventory, and supervising interns. Strong writing and verbal communications skills are essential. The ability to work on a wide range of issues with diverse groups and viewpoints is required. Applicants must be able to adapt to changing workloads and priorities. Prior experience with an elected official is strongly preferred. This is an excellent entry-level opportunity with possibilities for advancement. If interested, please send a cover letter, resume, and two short writing samples to: Matthew Kagan Southern California Director U.S. Senator Barbara Boxer 312 N. Spring Street Suite 1748 Los Angeles, CA 90012 213/894-5012 (fax) Senator Barbara Boxer is an equal opportunity employer. ---- LOS ANGELES CONVENTION 2000 NEEDS AN ASSISTANT TO CONVENTION PRESIDENT LA Convention 2000 is looking for an assistant for its president, Lucy McCoy. Job responsibilities: Scheduling President Answering President's phones Clerical & Administrative Support Scheduling meetings Initiating and responding to written correspondence Preparing for meetings Requirements: Hard working Attention to detail college graduate prior political experience desired but not required Pay: competitive Again, interested applicants should forward information to Carolyn Martin at "carolynmartin@earthlink.net" ---- BRADLEY CAMPAIGN STAFF Dear California folks and CA-connected folks, Katie Merrill (formerly Ellen Tauscher's AA) is moving back to CA and working for Bradley. They are looking for staff -- please feel free to pass an e-mail to "AmyRSimon@aol.com" regarding anyone who might meet the description below: " We (the Bradley campaign) are looking for regional coordinators around the state to help organize the delegate caucuses for January and then for the primary in march. Each coordinator will be responsible for about 10-15 Congressional Districts and must be willing to work for 2000-2500/month. Diversity is key. If any names come to mind, please e-mail them to along. We are hoping to have the hiring done by mid-October. Thanks. Katie ---------------------- LETTERS: Good Morning, I spoke with an attorney in San Leandro (the Bay Area) who is looking for hearing impaired or deaf person's who have had experiences with un-usable highway call boxes in any county but L.A. the Western Law Center for Disability Rights has just settled with L.A. County but no other county has been challenged. I am not hearing impaired or deaf (I am mobility impaired) so the attorney asked me to network out to find anyone who is interested in challenging a county on call boxes. The attorney is Ken Kreese. He can be reached via the following: Mr. Ken Kreese Staff Attorney California Center for Law and the Deaf 14895 E. 14th Street, Suite 220 San Leandro, California 94578 510-483-0922 calclad@deaflaw.org ------------------- Dear Richard, In the following writing, keep in mind certain facts: I've come up with sensible answers to (1) the problem of giving deaf children good English skills at an early age, and (2) the problem of helping the literate deaf get jobs as good as those held by hearing people. These are the most grievous, the worst problems of the deaf. No one else has come up with any answers to these problems. Key deaf leadership at schools for the deaf and at deaf service agencies, and concerned Government legislators, are well-apprised of my answers, as they are well-apprised of the fact that no one else has come up with any answers, but leadership and the legislators do nothing. They are complacent with how rotten things are because hopelessness and cynicism for the deaf condition rule and dominate their spirits. If things were otherwise, today's deaf leadership would not tolerate the classroom and employment horrors so evident throughout the land. Previously I had thought that the current slate of deaf leadership could be "encouraged" to change their ways and really start doing something constructive and meaningful for deaf people, but I've become convinced that this will not happen. Today's deaf leadership are a lost generation. They are set in their ways and are unable to do what can be done to elevate deaf society into an instrument of political, financial, material and spiritual power and wealth. If the great majority of deaf people shall come to earn, know, use and enjoy these rewards as respected First Class Citizens contributing fully to the social fabric as do hearing people, this will only happen when others, young people of courage and vision who know what fighting for life is all about, assume their proper roles as the new leadership of the deaf. The current slate of deaf leadership is not teaching deaf people how to fight for life because today's deaf leadership, itself, does not know how to fight for life. They let hearing people do their fighting for them. They bask in their titles, their earnings, their tenure, the glory of their employers, and they do not know how to fight for life. Deaf people do not need such people to lead them. Not in the 21st Century coming up when it will be imperative for deaf people and their leaders to muster every wherewithal of life, liberty and the pursuit of happiness to fight for and establish their rightful place in history as citizens worthy of everything good in life. Failure to create this establishment will honor the belief that deaf people are not meant to fight for life and must continue to suffer every consequence thereof. It's one thing to fight for equality under the law, but as long as the deaf remain an illiterate, unemployed, underemployed, isolated, non-communicating, dependency-centered sector of society, any fight for equality for the deaf as the deaf aare now constituted will never have the impact needed to see real meaningful improvements in the deaf condition. Current deaf leadership has failed to produce any meaningful improvements in the deaf condition because they don't know how to fight for life. With every battle won, the deaf remain poor, illiterate, weak, isolated, dependent and impotent. EXAMPLE: Closed captioned television only benefits, at best, 20% of the deaf community. But what about the 80% -- the great majority of deaf people who don't know how to read? They cannot read captions on a TV screen! Don't they count? Deaf leadership does nothing, has never done anything, to help elevate the English skills of deaf people in need. To my knowledge, there isn't an English instruction for adults underway at any deaf service agency anywhere. The real tough fight which should be engaged, and which deaf leadership never fought, is to motivate educators to get off their butts and stop doing the rotten, lousy job they're doing on deaf children. Part of that tough fight is to exhibit modicoms of vision and initiative to motivate manufacturers to produce face-to-face communication equipment which will put the literate deaf on an equal employment footing with hearing people. But deaf leadership, even though good sensible answers are available to them to be put to work to solve the problems of the deaf -- my answers, has done absolutely nothing. Deaf leadership is comfortable and secure in its habit of allowing history and Fate, and educators and manufacturers, to walk all over them when they could take matters into their own hands for the betterment of the deaf condition. The real tough fight has not yet begun. Minor skirmishes and battles are being waged, but nothing of consequence has yet been won. In a nutshell, Richard, what's needed is a new breed of leadership, and a new breed of educator. What's needed are young people to assume leadership roles, young people who know more about fighting for life than their elders. The big mistake that some people make is believing that today's deaf leadership is sacrosanct -- that these people are sacred and immune to criticism or replacement. There's nothing sacred about them. They are not only human and frail, but they have failed to do what they are paid to do -- fight for the lives of deaf people. By the simplest standards of survival, the inaction of deaf leadership can be interpreted as spiritual cowardice. We are moving into the 21st Century. Every wherewithal is available to change things for the better. What's needed is a new, young deaf leadership with the initiative, vision, energy, professionalism, hope and capacity for encouragement to get a needed job done. The old do-nothing deaf leadership must be replaced by people of action, energy, faith and a rich hunger for life -- by young people. Failed deaf education and terrible deaf employment-underemployment at the close of the 20th Century says there are no experts serving the deaf anywhere. When teachers start producing classfuls of literate deaf children who are communicatively fluent in keyboard English, and when qualified deaf job-seekers start moving into jobs as good as those held by hearing people, then and only then will there be experts serving the deaf. Until this happens, mediocrity and faillure shall remain in abundance. My proposals and others of similar context should they arise must be given a decent chance to prove their worth. A priority for the new deaf leadership is to press educators to experiment with everything they can get their hands on which has promise of creating a literate deaf socirety. Experimental "VOICE" instructions should be at the top of the list. Sometimes I wonder if a CASTE SYSTEM, such as they have in India, exists in deaf society. Does the old deaf leadership regard the illiterate deaf as UNTOUCHABLE, as "dirty and unclean," as less than human? Is this why the old deaf leadership won't do anything substantial to help the illiterate deaf because they see themselves as "holier than thou" -- that the illiterate deaf don't deserve to be helped! Does the old deaf leadership blame the illiterate deaf, and not the teachers, for illiteracy? The way to break the spirit of hopelessness and cynicism among so many people is to produce needed wins in education and employment, wins which will change the souls and hearts of deaf people everywhere for the better forever. This can be done. Only a new young deaf leadership can make it happen. Morton Warnow ============================================================== DEAF WORKERS OF ORANGE COUNTY Orange County, California Richard Roehm President Internet : Deaf@activist.com Deaf_Workers_OC@usa.net Website Nesmuth@worldnet.att.net Http://www.i-sphere.com/eyedeaf/dwoc.htm =============================================================== Feel free to redistribute this newsletter in it's entirety and if you are planning to add a mailing list as a subscriber then let me know for my records. Thank you. =============================================================== Deaf Workers of Orange County will continue to aggressively pursue justice, fairness, and equality for the Deaf Community. =============================================================== Education is the best gift that lasts a lifetime! 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