YOUR LEGAL RIGHTS as a Deaf or Hard-of-Hearing Person
What are your legal rights and protections in the State of California?
Are you being discriminated against?
These pages will help you find out.
Know your rights to equal opportunity and equal access!
| These pages are a summary of your rights. They are not meant to be legal advice. Many of the laws referred to are limited in scope, coverage, and requirements. Deadlines for filing either administrative or court complaints vary widely for violations of different laws. What is needed for effective communication and what is “reasonable accommodation” or “undue hardship” in a particular situation varies greatly. If you believe you have been discriminated against or your access rights have been violated, we encourage you to seek help or advice from your nearest deaf services agency, legal aid or a lawyer. You may also contact us by phone, e-mail or letter. |
TOPICS
Assistive Listening Systems (ALS)
A typical ALS is an audio induction wireloop, an AM or FM radio transmitter and receivers, or an infrared transmitter and receivers. California law says that an ALS must be available to you in any assembly area that has a permanently installed public address system. This applies to any assembly area with a capacity of 50 or more people and only if it was constructed or remodeled after 1992 (or those with a capacity of 100 or more if built or remodeled after July 1989). This law is enforced by local building departments or, for state facilities, by the Office of the State Architect. Complaints may also be filed with the U.S. Department of Justice.
A state court must provide you with an ALS or “real time” computer-aided transcription when you ask for one, if you are hard of hearing and you are a plaintiff, defendant, witness, attorney, judicial employee, judge or juror. The policy in federal court is similar.
Business, Consumer, and Public Facilities
Federal and California law says that public buildings, facilities, and many businesses must be fully accessible to you. In addition, no business may discriminate against you because you are deaf or hard of hearing. Some of the businesses and facilities covered by these laws are: stores, theaters, restaurants, amusement parks, public transportation, housing, hotels, motels, government offices and almost any other place that offers goods or services to the public. Some private clubs and associations and religious businesses or activities are not covered by these laws.
Federal and state law require accommodations to be made for you as necessary unless doing so would be an “undue burden” on the business. In some cases, an interpreter must be provided, in others, an ALS, a TTY, or some other device must be provided.
State and federal law also requires hotels and hospitals to provide a caption decoder for the TV in your room.
You also have a right to be “free from violence or the threat of violence” because of your deafness.
You may file a complaint within one year with the State Department of Fair Employment and Housing for business or consumer discrimination or if someone committed or threatened violence against you. The Department will investigate and attempt to informally resolve the complaint. It may prosecute the business before the Fair Employment and Housing Commission or state court. For claims of $7,500 or less, you may sue in small claims court.
You may also file a complaint with the U.S. Department of Justice. In some cases, the Department may sue the business or local government in court. The court may award you compensatory damages and may assess civil monetary penalties against the business.
You may also go to court yourself. You must do so within one year of the discriminatory action. If you are successful, the court may order the business to accommodate you and pay your lawyer’s fees. Under state law, which includes federal law violations, you may be awarded a minimum of $4,000, triple damages and all reasonable attorneys fees for such discrimination, plus $25,000 for a violent offense. For a state lawsuit against a state or local government agency, you also must first file a monetary claim with the agency within six months of the discriminatory action.
There is no restriction on your right to drive an automobile in California. The same holds true for obtaining a license to drive a truck or van. However, there is a federal hearing requirement for driving a commercial passenger van or bus or for driving a tractor-trailer rig and other heavy vehicles.
Both state and federal law protects you as an employee from discrimination at work. State law covers public government agencies and private businesses with five or more employees. Federal law covers those businesses with 15 or more employees. Unions also must comply. All aspects of employment are covered, including hiring, firing, promotion, transfers, lay-offs, training, privileges, fringe and retirement benefits, hostile work environment and harassment.
Employers must make “reasonable accommodations” to your communication needs so that you can do your job. This may include providing you with an interpreter, a TTY, captioned videos, visual signal or alarm lights, or other equipment; or assigning to co-workers minor job duties, such as answering telephones.
You may file a complaint with the State Department of Fair Employment and Housing. You must do so within one year of the discriminatory action. The Department will accept and investigate complaints and has the power to force an employer to obey the law. If successful, you may be awarded back pay, seniority, and your attorney’s fees.
If you believe your employer is covered by federal law, you must instead file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC) in San Francisco, within 300 days of the discriminatory action.
After filing with the Department or the EEOC, and receiving a “right to sue” letter, you may choose instead to go to court. If successful there, you may be awarded compensatory money damages as well as a back pay award and your attorney’s fees.
If you work for a federal agency, you must contact one of its EEO (Equal Employment Opportunity) counselors within 45 days of the discriminatory action. If the counselor cannot resolve the complaint, you then have the right to file a formal complaint with an opportunity for a hearing before an EEOC referee. For a federal complaint, if your complaint is not resolved to your satisfaction, you may go to court to enforce your rights. The federal court may appoint a lawyer to represent you. If successful, you may be awarded back pay, seniority, compensatory damages and attorney’s fees.
You may be eligible for a hearing aid paid for by the State Department of Rehabilitation if you can show that an aid will help you communicate on the job. If you receive Medi-Cal, you may also be eligible for an aid under that program.
You have specific rights when you purchase a new or used hearing aid from a dispenser. If you do not have a medical evaluation, you must sign a waiver. You have a right to a written warranty. If you are not satisfied with the aid, you may take it back within 30 days. If the dispenser cannot adjust or replace it to meet your needs, you have a right to a full refund. You may file a complaint with the Hearing Aid Dispensers Examining Committee (California State Department of Consumer Affairs).
California law says that you should not be denied insurance coverage just because you are deaf. You should not normally be charged a higher premium because of your hearing loss. This applies to automobile and health insurance.
The State Department of Insurance will accept your complaint. It will investigate and can force insurance companies to comply with the law. If successful in court, you may be awarded any additional money you paid for auto insurance plus $100 and attorney’s fees. Federal law also prohibits discrimination by employer or union provided health care plans. The U.S. Department of Justice accepts complaints related to such plans.
Under California and federal law and policy, you have a right to a qualified interpreter if you are a party, witness, juror or lawyer in a state or federal court or administrative hearing. You should not be excused from jury duty just because you are deaf. Small claims and traffic court are included as are family court counseling and court provided or ordered mediation and arbitration services. Administrative hearings involve drivers’ licenses, unemployment insurance, SSI, welfare benefits and many other areas of the law.
The police must attempt to obtain an interpreter, if needed, to communicate with you as a victim, witness or suspect. If the police ask you questions, your answers may not normally be used against you in court unless the police use an interpreter.
Federal and state laws say that many public and private offices, businesses and schools (including adult schools, colleges and universities) must provide a qualified interpreter if you need one and you are their customer, client, or student. These laws apply to state offices like EDD, CHP, and DMV, and local city and county offices. Hospitals, clinics, and mental health centers are covered by these laws and must also provide a qualified interpreter if needed and you are a patient, patient’s spouse or parent. Your lawyer, doctor, accountant or other professional or business person must also provide a qualified interpreter, if needed, in order to serve you properly. There is no legal obligation to provide an interpreter in the above situations if to do so would be an undue burden on the business or agency.
You may file a complaint with the state or federal department that funds or, in some cases, licenses the service or, in most other cases, with the U.S. Department of Justice or the State Department of Fair Employment and Housing. Complaints to state agencies must be filed within one year; to federal agencies, generally six months. (See discussion under Business, Consumer, & Public Facilities.
There are other government benefits and services to which you may be entitled due to your deafness, including SSI (Social Security Supplemental Income), Social Security Disability Insurance, Veterans benefits, Workers Compensation, State Department of Rehabilitation services, State Department of Social Service’s Deaf Access Program, and deaf job placement services of the State Employment Development Department.
Federal and California law allows you to bring your signal dog on buses, trains, and other public transportation, into restaurants, hotels and motels, theaters and other public places. It is a crime for someone to intentionally interfere with your signal dog rights.
Both federal and state law allow you to have a signal dog in your apartment, condominium or rented house, even if there is a “no pets” rule. And federal law allows you to bring your signal dog with you on commercial flights.
California law does not permit anyone to charge you extra (like larger security or cleaning deposits) for allowing your signal dog in with you. Any damage to property done by the dog is your responsibility.
You may file a complaint against a landlord with the U.S. Department of Housing and Urban Development (HUD), the State Department of Fair Employment and Housing, and in some cases with the U.S. Department of Justice. You must file a complaint within one year of the discrimination.
A complaint against an airline should be filed with the U.S. Department of Transportation. Every airline must also have a person who will accept complaints at each airport the airline serves.
Deaf and hard of hearing children through the age of 21 have specific legal rights to a free, appropriate public education. These laws and regulations are too many and too complicated to include here. If you have a problem related to you or your child’s deafness with your local school district, county program, state school, or other institution, seek legal advice.
California's Equipment Program, a part of the Deaf and Disabled Telecommunications Program, will provide you with a free TTY and flashing light signaler if you are deaf. You must be a telephone customer (subscriber) or live in the same house, a group home or other residential care facility and be certified as deaf or severely hearing impaired. You are eligible for an amplified handset (and a loud tone ringer) if you are hard of hearing. If you work in a small business, your employer may ask the local telephone company for a free TTY to help you at work.
Federal law requires public TTYs at major airports and railroad, bus and transit stations. Airlines are also required to have TTY reservation numbers. For new buildings built or remodeled since 1993, a public TTY must also be provided if there are four or more public telephones.
Federal and state law also require that some pay telephones in places like airports, transit stations, and federal buildings, have amplified handsets. For all buildings built or remodeled since 1993, at least 25 percent of their public telephones are required to be equipped with amplifiers.
Federal law requires hospitals built or remodeled since 1993 to have TTY access to public phones near their emergency, recovery, and waiting rooms. All hospitals must have a TTY in their emergency rooms to receive TTY calls. If you are an in-patient, you must be provided with a TTY in your room that is usable with the hospital telephones. A hotel or motel should also make a TTY available to you in your room. Emergency 9-1-1 service must be TTY accessible.
Federal and state laws also require that there be statewide TTY relay services so that you may call and be called by hearing people who do not have a TTY. TTY operator services are also funded under California’s program.
Telephone service complaints may be filed with the California Public Utilities Commission. Transportation complaints should be filed with the U.S. Department of Transportation within six months. Hospital complaints should be filed with the U.S. Department of Health and Human Services within six months. Other complaints of federal law violations generally may be filed with the U.S. Department of Justice. (See discussion under Business, Consumer & Public Facilities.)
California law says that visual fire alarms must be installed where audible fire alarms are required in all newly constructed (since 1989) or remodeled buildings. Federal law also requires this for buildings ready for first occupancy in 1993 or later. Federal law also requires a hotel or motel to provide you with at least a portable alarm for your room.
California law also requires any residential care home or institution where you reside to install a warning system that is designed to alert you.
These laws are generally enforced by your local building department or, for state facilities, by the State Fire Marshal. Any complaints should be made initially to them.
You also have the right to modify, at your own expense, your own condominium or apartment by installing visual smoke alarms or other devices, such as a flashing doorbell light, for your safety.
If your landlord refuses to allow you to modify your apartment, you may file a complaint with the U.S. Department of Housing and Urban Development (HUD) within one year of the refusal.