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 $5,000 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 $1000, triple damages and all reasonable attorneys fees for such discrimination, plus $10,000 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.