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Hearing-impaired people can be subjected to a great deal of discrimination. This discrimination often occurs at work and can take various forms, including not being considered for jobs that deaf people are qualified for, or not being given proper access to equipment that can aid them in their job. Many hearing disabled people are left disheartened and do not want to work, thinking they will not be given an equal opportunity to show their competency and contribute to society.

According to the ADA, employers are responsible for ensuring that deaf employees or applicants can communicate effectively. This includes regular, work-related activity, and other work related situations, such as applying for a job, work-related seminars, and other occasional, work-related functions.

Section 12102 of the ADA states that government agencies and employers must provide the following assistance to hearing impaired people:

"(1) Auxiliary aids and services

(A) qualified interpreters or other effective methods of making aurally delivered materials  available to individuals with hearing impairments;

(C) acquisition or modification of equipment or devices; and

(D) other similar services and actions."

Discrimination is not just limited to the workplace though. Hearing impaired people can also have difficulty receiving interpreters and other services from essential services including, but not limited to: hospitals, doctors and courts.

Many people who are deaf or hearing-impaired are unfamiliar with the Americans with Disabilities Act (ADA) and so, it seems, are many employers who discriminate against deaf and hearing impaired people because of their disability. Unfortunately, in many cases the discrimination does not end until the deaf person hires an attorney. A lawyer familiar with the ADA can defend the rights of deaf and hearing-impaired people by forcing the employer to make necessary changes to the workplace environment.

Schrom & Shaffer practices deaf discrimination cases including, but not limited to:

• police provision of interpreters
• private facilities provision of sign language interpreters in certain circumstances (eg. Hospitals, clinics, etc)
• violations/non-compliance with the Americans with Disabilities Act (ADA) and/or Rehabilitation Act
• work-related discrimination

Relevant cases litigated by the firm

Semanyk v. Chester County Hospital (2003)

Washington B. Fry was an 89 year old deaf mute was admitted to Chester County Hospital on August 17, 2000 with severe chest and stomach pain. Mr. Fry also had poor vision which, further limited his ability to communicate with assistance from others. In addition, his daughter Beverly Ann Semanyk, is also deaf as well. Mr. Fry, Mrs. Semanyk and Mr. Fry's grandson Jason Semanyk, who is not deaf, are fluent in sign language. When Mr. Fry was admitted to Chester County Hospital, his family repeatedly requested an interpreter on his behalf, but were refused. On several occasions, without the aid of an interpretor or family members, Mr. Fry signed consent forms for treatment. As a result of that Mr. Fry's condition deteriorated and he suffered greatly from further pain and weakness. On August 19, 2000, Mr. Fry was to be discharged, despite communications with his grandson Jason, that he was still weak and in pain.

Chester County Hospital failed to follow their guidelines providing assistance to disabled patients. Mr. Fry's and his family were not provided interpreter services as required by law. Under the representation of Schrom & Shaffer, Mr. Fry and Mrs. Semanyk sought relief under the Americans with Disabilities Act (ADA).

Under the advocacy of Schrom & Shaffer, both Chester County and York County Hospitals agreed to make interpreters available in a timely fashion for patients who are deaf or hearing impaired. They have made enhancements to their existing policies to be more upfront and forthcoming with the availability of services. Now, both hospitals provide 24-hour sign-language interpreters on call for deaf patients and their families and other hospitals have followed suit as well.

Schrom & Shaffer has been serving the legal needs of the deaf community for over ten years. In that time, we have strived to be a strong advocate for the rights of the hearing impaired. If you feel that your employer, hospital, or local government has not been providing ADA mandated requirements to accommodate your needs, then please do not hesitate to contact our office.