INTRODUCTION
Since the earliest of laws written to govern ancient civilizations, legislative bodies have been charged with writing and re-writing legislation to change with needs and demands of the people they represent. From ancient laws that protected feudal systems and defined social class, to criminal laws that were written to protect the public from those who would bring them harm, law makers have taken seriously their charge of redefining criminal and civil codes that govern much of our lives. The purpose of my research was to examine a small piece of this work, a segment so new that many of the laws discussed were written and voted on by officials still living and serving in office today. My study focuses on laws that protect the rights of the Deaf and Hard of Hearing.The Declaration of Independence and the Constitution of the United States which would follow, set the groundwork for lawmakers who would face countless challenges in determining what was and was not "fair” and "just" to the people they governed. History has shown that our country’s new government made up of a small group of white men, from similar backgrounds and ideology, tailored the law to protect themselves and those like them. Hence the clause in our own Constitution that "all men are created equal", with no mention of equality for women. Furthermore, the simple fact that an entire race of people could be enslaved in a "free" country points to a government where the rights of all the citizenry were not protected. Perhaps because of the struggle for freedom from slavery, and the eventual solidarity of women, it was people of color and women who were the first to have legislation written to specifically address rights that they had long since been denied. The 14th Amendment to the Constitution, passed July 9, 1868, essentially gave all citizens of the United States equal rights. This was written at the close of the Civil War, and was intended mostly for the introduction of the former slaves into society, but many would argue that its implications include women, thus making the 19th Amendment, which didn’t pass until June 4, 1919, giving women the right to vote, a legal lesson in redundancy. However, the disabled were still not protected by any specific laws guaranteeing them equal access to public services, education, or opportunities.
The voice of the disabled, and for the purposes of this paper, the Deaf, would not be heard by lawmakers until the latter half of the twentieth century, when laws regarding employment, fair housing, education, telecommunications, air travel, and many other public services such as hospitals and nursing facilities were finally addressed.
EMPLOYMENT
Possibly the most monumental piece of legislation to affect disabled persons as a whole, the Americans with Disabilities Act (ADA) drew from previous laws protecting not only disabled people, but people as a whole, in an attempt to guarantee equal access to all areas of life enjoyed by the general public. This included housing, education, employment, shopping and entertainment, and opportunities to explore things once thought impossible. One key area of advancement that ADA brought Deaf people was that Title I prohibits employers, employment agencies, labor unions, and joint labor management committees from discriminating against persons with disabilities. Although it applies only to employers with fifteen or more employees, almost all employers are careful to be ADA compliant since a simple shift in the number of personnel in a company could mean mandatory compliance. It also stipulates that employers must make reasonable accommodation to the known physical or mental limitations of otherwise qualified individuals with disabilities, unless it results in undue hardship. The question, and matter that could, (and undoubtedly will repeatedly), be challenged, is what constitutes "reasonable accommodation," and at what point has an employer been asked to endure "undue hardship." These are matters that will be challenged in lower courts for a number of years, but it is this researcher’s opinion, based on precedent set by past legal challenges, that in due time, the United States Supreme Court will be called upon to redefine exactly what constitutes "reasonable accommodation" and "undue hardship." Until then, the workplace will be the proving ground, and the lower courts’ rulings will be the measure of what the American legal system’s interpretation of the law is. A key to being in compliance when dealing with employment issues is to address the needs of the Deaf individual at the time of hiring. Since not every job will have the same demands and not all Deaf people have the same abilities, (working knowledge of ASL, ability to read lips, knowledge of computer or other telecommunications equipment), 29 C.F.R. 1630.2(o)(2)(iii) of Article I of the Act states that employers should consult first with deaf and hard of hearing employees about the type of accommodations that are needed for them individually. That way accommodations can be made before problems arise, and the Deaf employee can work along side hearing employees as an equal from the beginning with minimal distraction or interruption during the adaptation period that is likely to take place.ADA also covers, on a more general scope, provisions of auxiliary aids under Title III. Essentially what this means is that any business open to the general public must make all of its facilities equally accessible to persons with disabilities. Although this seems rather vague, in terms of how these laws affect Deaf and Hard of Hearing persons, a number of accommodations can be made to make sure this segment of the population is not left out.
