DEAF WORKERS OF ORANGE COUNTY PROJECT -- DEAF WORKERS WEEKLY BULLETIN -- March 20, 1999 Greetings, We have been testing a new version of our fabled 'Special Bulletin' system. Rather than send many batches of email each time, we have created a webpage for the bulletins and it is updated several times a day and already being tested. We are pleased with the results. After entering www.deafwatch.com in your browser, you will come to the maingate page and you will see a "CLICK HERE FOR" then "THE VERY LATEST" then "NEWS - ALERT!" graphic and clicking on that graphic will bring you to the special bulletin page with information and action suggestions for visitors to take. Information contained will be the latest pertaining to that particular urgency. Richard Roehm ---- YOUNG WORKERS UNITE TO SAVE SOCIAL SECURITY The Attack on Social Security is an Attack on our Future!. Join the fight to Strengthen Social Security-and Stop Privatization! Come together with Community Leaders, Activists, and Members of Congress to Learn the Facts About Social Security and Make your Voice Heard! Date: - Thursday, April 1 Time: - 5:30 - 7:30 p.m. Place: Labor Center, Hall B, 2102 Almaden Road, San Jose Contact: Adam Luna, 2030 Center, 202 822 6526, 1 877 2030 ORG (toll free line up after 3/22) 2030@2030.org www.2030.org The 2030 Center is a non-profit, non-partisan public policy organization for young adults focused on economic issues. Contact us about how you can get educated and involved in this important issue! Here is why YOUNG WORKERS care about Social Security: * One-third of all Social Security beneficiaries are not retired - they are 13.5 million orphans and widow(er)s, disabled workers and their families. * Social Security is threatened by financial interests who would destroy the system instead of fixing it. Social Security is not going broke - it can pay full benefits for the next 34 years! * Social Security is one of the strongest weapons we have in the fight against poverty-without it half of our grandparents would live below the poverty line. * Without Social Security, your parents, children with disabilities with their families, and in-laws are coming to live with you! * Social Security is the only guaranteed security for young workers with shrinking paychecks and eroding benefits. Young people must join the fight to save this program. Event Sponsored by: South Bay Labor Council, the 2030 Center, FORUM, SEIU Local 715, Interfaith Council on Race, Social, and Economic Justice, ATU Local 265, and many other labor and community supporters. ---- PRESIDENT CLINTON RE-NOMINATES BILL LANN LEE AS ASSISTANT ATTORNEY GENERAL FOR THE CIVIL RIGHTS DIVISION AT THE DEPARTMENT OF JUSTICE The President on March 5 nominated Bill Lann Lee as Assistant Attorney General for the Civil Rights Division at the Department of Justice. Bill Lann Lee, of Los Angeles, California, serves as the Acting Attorney General for Civil Rights at the Department of Justice. He was designated to the position on December 15, 1997 by the Attorney General. Mr. Lee is one of the country?s leading civil rights attorneys, with a long and distinguished history of defending the rights of all Americans. Mr. Lee has spent his 25 year legal career seeking equal opportunity for all people and working diligently against discrimination in all forms, including in employment, housing, voting and education. Mr. Lee has extensive experience in many areas of civil rights law, including employment discrimination, access to health care, prevention of lead poisoning in poor children, access to public transportation, and equal access to education. Known as a skilled consensus builder, Mr. Lee is an excellent litigator who has always fought zealously and who has also known how and when to bring a case to close through effective, pragmatic settlements that serve the interests of all parties. His honest, reasoned approach has won the respect of opponents and colleagues alike. Before his appointment at the Department of Justice, Mr. Lee lived in Los Angeles and served as Western Regional Council for the NAACP Legal Defense and Educational Fund (LDF), the civil rights law firm founded by the late Supreme Court Justice Thurgood Marshall. Mr. Lee began his legal career at LDF in New York as associate council in 1974. In 1983 he joined the Center for Law in the Public Interests, a noted public interest law firm in California, and served for five years as supervising attorney for Civil Rights Litigation. In 1988 he rejoined LDF. Mr. Lee also served as adjunct professor of Political Science at Fordham University, and as council to the Asian American Legal Defense and Education Fund. Mr. Lee was born and raised in New York City, where his parents owned a small laundry. He credits his late father, who experienced bigotry despite his proud military service to his country, with providing the inspiration for a career in civil rights law. After graduating form the Bronx High School of Science, Mr. Lee won a scholarship to Yale University, where he benefitted from an affirmative action program to include minority students. Through his hard work, Mr. Lee graduated Phi Beta Kappa, magna cum laude in 1971. Mr. Lee graduated from Columbia University Law School in 1974. Mr. Lee is married to Carolyn M. Yee, and has three children, two sons and one daughter. The Civil Rights Division at the Department of Justice enforces laws that prohibit discrimination on the basis of race, color, religion, sex, national origin, and disability. ---- DEAF CLERK FIRED FOR INSUBORDINATION CANNOT SUE UNDER ADA, FULL EIGHTH CIRCUIT D WASHINGTON (BNA) -- In a 9-4 opinion, the full U.S. Court of Appeals for the Eighth Circuit has affirmed that a deaf employee who was fired after shouting at his boss regarding a request for a telecommunications device has no retaliatory discharge claim under the Americans with Disabilities Act. "[T]he ADA confers no right to be rude," Judge Roger L. Wollman wrote for the majority. Although the plaintiff's requests "were protected communications," insulting his employer "and indulging in an angry outburst in the presence of co-workers....were certainly not," the court explained (Kiel v. Select Artificials Inc.,8th Cir.,No. 97-2433,3/4/99). Plaintiff Paul J. Kiel was fired soon after yelling at one of the owners of Select Artificials Inc. "you're selfish, you're selfish" when told the company would not purchase a TDD. Summary judgment on Kiel's ADA and state law claims is appropriate because Kiel cannot show that he was actually fired in retaliation for his accommodation request, rather than for insubordination, the appeals court decided. Although Kiel can show close temporal proximity between his protected conduct and his discharge, his "intervening unprotected conduct eroded any causal connection," the court decided. In dissent, Judge Gerald W. Heaney said a decision on the merits of Kiel's claims requires "the benefit of live testimony." He added, "Unlike the majority, I am unwilling to declare that opposing the denial of a reasonable accommodation request by declaring that an employer is selfish is unreasonable as a matter of law." Fired After Yelling at Owner. Kiel worked as a billing clerk for Select Artificials, a St. Louis-based distributor of artificial foliage, between January 1992 and February 1994. Kiel had made several requests for a TDD to allow him to use the telephone and for a sign-language interpreter. Kiel's discharge was precipitated by an incident on Feb. 17, 1994, in which he was questioned by one of the business's owners, Julie Fry, about his use of the photocopier. Kiel explained that he was photocopying a letter to the other owner requesting a TDD. Fry responded that the company would not purchase the device. Kiel, who was visibly upset, shouted at her, slammed his desk drawer, and made a remark about Fry's recent purchase of a new car. Later that day, Fry asked Kiel if he realized that he had yelled at her in front of other employees. He responded that he was not aware, and apologized. Nevertheless, he was fired for insubordination. Kiel sued the company for discriminatory discharge, retaliatory discharge, and failure to accommodate his disability under the ADA and the Missouri Human Rights Act. The U.S. District Court for the Eastern District of Missouri granted summary judgment to the employer on all claims. In a 2-1 opinion in April 1998, an Eighth Circuit panel reversed the district court decision and remanded Kiel's claims for trial (8 AD Cases 43). Select Artificials successfully petitioned for a rehearing by the full Eighth Circuit, which vacated the panel opinion. Could Control Voice, Majority Finds. In its en banc opinion, the court rejected Kiel's argument that his discriminatory discharge claim should be reviewed under the mixed-motive analysis of Price Waterhouse v. Hopkins (490 U.S. 228 (1989)), rather than the burden-shifting framework of McDonnell Douglas Corp. v. Green (411 U.S. 792 (1973)). The mixed-motive approach is not available to Kiel because he has no direct evidence of discriminatory motive, but relies entirely on circumstantial evidence, the court explained. Under the burden-shifting framework, the court found that Kiel can establish a prima facie case of discrimination, but can proffer no additional evidence to rebut the employer's claim that he was fired for the legitimate reason of insubordination. Kiel cannot point to any conduct or statements by the owners that would show he was actually fired because of discrimination on the basis of hearing impairment, or that would indicate that hearing employees were disciplined less severely for insubordination, the court explained. Although Kiel said he did not know that he was shouting at Fry, and therefore could not be found insubordinate, the court cited his testimony--"If I want to shout, I shout"--as sufficient evidence that he could control the level of his voice. As for Kiel's retaliatory discharge claim, no evidence indicates that he was actually fired because he requested a TDD, the court said. Kiel had made such requests numerous times but had "suffered no adverse employment action until he engaged in abusive, derogatory conduct towards his employer," the court pointed out. Kiel also is unable to show a history of discrimination by Select Artificials that could show retaliatory intent, the court said. Rather, the company "has hired a number of deaf employees, has altered job duties to accommodate deaf employees, and has maintained a satisfactory working relationship with deaf employees," Wollman emphasized. Absent any evidence of discriminatory intent, the issue of whether Kiel's conduct was sufficiently egregious to warrant termination for insubordination should not be presented to a jury, the court decided. Kiel's failure to accommodate claim also must fail, given evidence that Select Artificials reasonably accommodated Kiel by having his supervisor make the minimal number of telephone calls that were required for Kiel to do his job, the court found. Dissent Finds Pretext Possible. "Kiel did not use profanity or engage in any conduct that could be considered unreasonable as a matter of law," Heaney wrote in dissent. Even though a jury might agree with the majority's finding that Kiel's behavior was "insulting, angry, and rude," it could also decide that Kiel did not realize he was shouting and therefore was not insubordinate, Heaney pointed out. Given these circumstances, Kiel can establish a factual issue as to whether his termination was a pretext for unlawful discrimination, Heaney argued. A reasonable jury could find that Kiel was intentionally discriminated against, given that he was a good employee who had worked for the company for more than two years without a disciplinary record, and that his termination "followed on the heels of his vocal opposition to the denied accommodation request," Heaney observed. In retaliation claims such as these, where "motive, intent, and credibility" are crucial, summary judgment is inappropriate, and the Price Waterhouse mixed-motive analysis should be used, he added. Judges Theodore McMillian and Myron H. Bright joined in the dissenting opinion. Judge Morris Sheppard Arnold also dissented, but did not write a separate opinion. Although Judge John D. Kelly died before the opinion was issued, he was counted among the majority based on his vote at a conference of the judges. Source: USA-L News ---- 13 LUCKY TIPS FOR ACTIVISTS by Errol Schweitzer Inevitable Disclaimer: This column is not meant to offend hard-working activists who are devoting much of their time and energy to social and environmental issues. It is meant as a critique of those qualities that may keep us from building an actual Movement. I know of many activists that are guilty of the things listed below, including myself. So please don't feel offended (which brings us to our first point...) I - Have a sense of humor. The world is not going to change overnight, no matter how hard you work. Take time out to laugh at how messed up things really are. Take time out to laugh at yourself and the incremental changes that you and others are striving so hard for. A good chuckle now and then keeps things in perspective and may actually make you feel better about the work you have accomplished. Making fun of yourself and other activists may be a form of critique, and we all know that... II - Critique is necessary and vital for activism. Analyzing what went wrong and what went right about an action or a campaign may help you to not repeat the same mistakes twice. Listen to what others outside your group have to say, especially the opposition, which may be the perfect foil for your cause. Many great activists and revolutionaries engaged in rigorous self-criticism to realize what they did right or wrong. Luckily, unlike Che or Durruti, we don't have to do it under a hail of bullets (at least not yet). III - Treat everyone as individuals. It irks me when Marxists and anarchists refer to "the masses" or when anti-corporate activists refer to their peers as "MTV kids." By lumping people into faceless categories we forget that we are dealing with people who have reasons for believing the things they do, whether it is family upbringing, the influence of religion or state propaganda, or just growing up in this damn culture. When you approach people as individuals, you remember that once upon a time you, too may not have had the beliefs you do now and may have been alienated by how some activists can come off when trying to spread their message. And so, the most important aspect of reaching out to people may not be what you have to say but actually to... IV - Listen to what others have to say and know your audience. Sometimes people's responses to what you have to say may be the best guide for learning what you shouldn't do next time. When you know who you are speaking to, you can craft your message it appeals to them. This is something the Christian Right learned long ago in their direct mail campaigns. For example: By knowing your audience you can personalize the issue so that is not some abstract cause that they cannot relate to their everyday experience. If you are talking about immigrants' rights to some middle class white people, you can preface your point by mentioning "Imagine if this had happened to your grandparents when they were trying to escape the (famines, wars, genocide, intolerance) that brought them here." If you are talking to some kids on the street about how McDonalds is fucked up, don't just dwell on the facts that they kill millions of animals every year and use beef grown on former rainforest land. Many of the kids in my neighborhood can relate to the fact that McD's pays bad wages and makes you work long, grueling hours. 4a. - And oh yeah... ditch the highfalutin lingo! If you insist on "subsuming the other" and "deconstructing the privileged hegemonies of socioeconomic systems" then don't expect much of a response. If you know your audience then you can talk to them at their level, not Foucault's. Besides, those big words are a privilege of those lucky enough to have been college educated and can set up an uncomfortable power dynamic. What's the use of promoting social change when you convey it in an elitist fashion? V - And stop screaming all the time! Yeah, we're pissed off but if we are always screaming AT people instead of talking to them, then they won't listen. So before you go to a protest, go work out or jog or something. You'd be surprised how people respond when you talk politely to them. There IS a time for anger, and then there is a time for discussion. So think before you scream. VI - Single-issue activism can be problematic. While we all have certain issues that are closest to our hearts, we shouldn't close our minds to the possible interconnections between these issues or stop from examining how they may have similar historic roots. Sometimes single-issue activism can be very detrimental, such as how some environmentalists echo right-wing propaganda about immigration or how some anti-racist activists are just as homophobic as the KKK. VII - Having progressive politics does not exempt you from being a moron. There are more than a few "progressive" people who are sexist pigs or hold some pretty questionable ideas about race and class. And activists can be just as cliquey and backstabbing as frat-people. The redeeming thing is that at least by getting involved the door is open for talking about these issues, right??? VIII - You can't save the world via e-mail. Your computer is a product of the techno-capitalist system and whatever good you do with it does not equal the power it has given Corporate America. No matter how efficient, technology can never replace the power and intimacy of human communication and contact. The internet itself was designed by the Pentagon's Defense Advanced Research Projects Agency as a way to decentralize communications in the advent of nuclear war. And over 98% of the internet's usefulness has been in speeding up commerce for speculative investment by very wealthy people all over the world. Admittedly, the internet has increased our communications and has helped to make progressive movements more globally linked; the Zapatistas may have been crushed if not for the e-mail updates they sent out during their uprising. But we can't rely on techno-activism all the time. And one other thing: Y2K. IX - Leave the "ism's" at home. "So that's nice. You are a (insert typical social change label here)." To most people who don't share these beliefs, these labels are loaded with media stereotypes and corporate propaganda that demean the positive aspects that these labels carry for you and me. For example, after saying to someone "I am a multiculturalist," he responded with "So you hate white people?" Instead, I should have said, "I believe in seeing race as a historical construct; it is not real in any physical or biological sense, but people are manipulated into believing that it is and treating it so." And maybe that would have spurred some lively discussion. So before you announce yourself as some left-wing "ism-ist", consider what may be going on in someone else's head about what you label yourself. Just think of what you considered a "communist" or "anarchist" before you became so enlightened; what do most people hear about these terms from the media? Let your actions define you, not your "ism's" X - Lifestyle fascism sucks. A major problem with many activists is instead of personalizing the political, they politicize the personal. Finding flaws in other people's lifestyles becomes something of a hobby for many progressive-types, instead of identifying and deconstructing the institutions that are the source of violence against humans, animals and the environment. It is an easy way out of making real change happen by just attacking this or that consumption pattern. What we need to remember is that by identifying certain aspects of Western lifestyle, such as meat-eating, smoking, or not boycotting the latest trendy issue, we are forgetting that it is the whole damn system that is wrong. Our power is more than our pocketbooks alone. To make real change we need to organize and find things that more of us have in common, not alienate others because they don't conform to some lifestyle guidelines. Why recapitulate the authoritarian tactics of the Christian Right or corporate America? Let people decide for themselves what they can or cannot boycott and get off the moral soapbox. XI - Ha! Ha! Ha! You're gonna burnout! Few things hurt our causes as much as exhaustion and the implosion of those who have just "had enough." You make bad decisions, you alienate friends and family, your personal hygiene takes a nosedive. You know what? You need a break! Take a nap, paint a picture, do something to relax your mind and body. Let your energy and zeal come back. Activism is tough and victories can be few and far between, so learn and take it easy. Even Assata Shakur says that the most important thing is to grow personally, to maintain relationships and hobbies. The revolution doesn't need zombies or robots. It needs people. XII - Stop the sectarianism! Of course, this is like asking for tropical weather in Binghamton, but hey, might as well. From petty internecine squabbles at the local Food Coop to writers of "The Nation" insisting there are two (or more) "Left's", the movement has fractured and fragmented into so many little cliques and ideologies that you wonder what we have in common anymore other than our dislike for each other. While some of the bitterness is left over from past counterinsurgency operations, such as the FBI's Cointelpro and the CIA's MH Chaos, a good deal of it is just because of activists who have split due to personal disagreements and arguments over ideology and strategy. Wherever I have been, it always seems like this one doesn't like that one, that group betrayed the cause, this one is a sellout, that one is too extreme, etc. As dismaying as this is, there are still so many people working for change that I must ask: can't we agree on certain vital things? Do we have at least a common enemy? Can we forget our differences and actually work towards some sort of consensus so that we stop shooting ourselves in the feet? If you are new to activism, stay above the pettiness and concentrate on the issues at hand. If you are from the old school, then us young folks need your experience, not your gripes and grudges. XIII - Redefine activism. Activism is an accepted cultural niche in our society. C'mon, we all know the stereotypes: bad dresser, self-righteous about this or that issue, screaming and chanting, holding up signs, getting dragged away by cops, etc. But by becoming part of this "activist" culture we alienate many whose side we are supposedly on. How many people can relate when they see media-bites of these "wackos?" How often do we feed these stereotypes? ---- DEAF WORKERS OF ORANGE COUNTY ISSUES YEAR 2000 READINESS STATEMENT We are fully aware of the complications and threats of difficulties the so called 'Year 2000 Bug' will bring upon the globe. We have taken steps to ensure all of our internet providers are compliant as of today and have begun reducing our dependence on time sensitive software and we are now testing several temporary fixes for the bug. We are placing a heavy emphasis on reducing our dependence on time sensitive software and increasing our access to atomic clock servers. We should be fully prepared by May 1, 1999. We encourage everyone to check the Year 2000 Bug page at the DeafWatch.com website. ---- PLEASE PATRONIZE NEZ'S CYBER MALL TO HELP SUPPORT 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 ---------------------- Dear Advocates, As you are aware, one of the most critical issues of the century is before us. Sometime this spring, the United States Supreme Court will decide whether people with disabilities have the right to choose to live outside of institutions, in our own homes and communities, or whether state politicians and bureaucrats can place us wherever they want, for whatever reason. In a nutshell, the U.S. Supreme Court is going to decide whether the Americans with Disabilities Act (ADA) requires that individuals be offered a choice between insititutions and freedom. Our lives and our liberty are at stake. This is a battle that has to be won! The "most integrated setting.." requirement of the ADA must prevail and remain the law of the land. If the ADA is stripped of this basic requirement which is integral to liberty and dignity, then which piece will fall next? Be strong for liberty! Be strong for ADA! TASH, NCIL, ADAPT, Justice for ALL, the ARC of the United States, and many, many others are joining forces and together are sponsoring a rally, "DON'T TREAD ON THE ADA", on May 12, 1999 at the US Supreme Court in support of common interests - real choices, liberty for all, a strong ADA. We need your support. Yup, we need money... Of course we'll use it to help defray costs of banners, a public address system, staging, etc. However, what we really need it for is to assist people with transportation, hotel and food. This must be a grassroots, inclusive gathering. We need to support people who do not have the financial means by themselves to come. For more information about the Rally and the case, go to http://www.tash.org/actionalerts/olmstead.html Send what you can. Topeka Independent Living Resource Center will match any donation for the Rally up to $20,000 (total)!!! Make checks payable to "ADAPT/Don't Tread on the ADA and send them to: ADAPT, 201 S. Cherokee Denver, CO 80223 Thanks for your support and see you at the Rally on May 12th. Sincerely, Marcie Roth ----------- The Association for Theatre and Accessibility and Coalition Partners announce the availability of the conference brochure for "Promoting Creative Power" now on the web. You can download information at http://www.npi.ucla.edu/ata/association.htm Beth Stoffmacher Technical Assistance Coordinator National Arts and Disability Center 300 UCLA Medical Plaza, Ste. 3330 Los Angeles, CA 90095-6967 (310 )825-5054 Voice/Relay (310)794-1143 Fax bstoffmacher@mednet.ucla.edu --------------------------- Estimados/as amigos/as, Ante la gran avalancha de e-mails y faxes que estamos recibiendo a causa del inesperado cambio de nombre de nuestra revista, creemos que es un buen momento para comunicaros que se han producido importantes cambios internos en la Federació de Sords de Catalunya con el objetivo de ampliar servicios y mejorar la calidad de vida de las personas sordas. InfoSord ha pasado a la historia. Acaba de nacer un nuevo proyecto independiente consistente en la creación de una asociación denominada "Asociación de Difusión de la Comunidad Sorda" y de la nueva revista "DifuSord". En este proyecto participamos las mismas personas de la anterior publicación, "InfoSord", por lo que seguiréis recibiendo las mismas noticias y el contenido de la nueva publicación será idéntico a la anterior. Los suscriptores de "InfoSord" recibirán la revista "DifuSord" de la misma forma que antes y la página web, propiedad de la Fesoca, ha dejado de funcionar para que la antes referida federación pueda proporcionar información que sea de gran interés para los cibernautas tal como los servicios que ofrece, los estatutos, noticias de carácter interno, posibilidad de contactar con las comisiones de trabajo, etc. Por ahora, DifuSord no dispone de página web, en su momento se comunicará a los cibernautas cuando nazca una nueva. Sin más, aprovecho para agradecer el gran interés mostrado por parte de ustedes y reciban un afectuoso saludo desde Barcelona (España). Por supuesto, cualquier sugerencia será bienvenida. Antonio Martínez.- Editor de DifuSord.- ============================================================== 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 =============================================================== Circulation Information Direct Email subscribers : 77 Indirect Email Subscribers : 39 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. 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