AllDeaf.com
Our Sponsors

Go Back   AllDeaf.com > Deaf Interests > American with Disabilities Act
  
Reply
 
LinkBack Thread Tools Display Modes
Old 01-13-2009, 09:39 PM   #1 (permalink)
Registered User
 
Join Date: Jan 2009
Posts: 23
Do I have the right to refuse to use spoken english?

Do I have the right to refuse to use spoken english and resort to only sign langauge and writing on paper even though I am fully capable of communicating verbally?

I've been looking all over trying to find the answers, but I have no clue.
MikeJ is offline   Reply With Quote
Alt Today
Deafness

Beitrag Sponsored Links

__________________
This advertising will not be shown in this way to registered members.
Register your free account today and become a member on AllDeaf.com
   
Old 01-13-2009, 09:41 PM   #2 (permalink)
YOU DOMESTIC DISSENT!
 
Jiro's Avatar
 
Join Date: Apr 2007
Location: The Sopranos State
Posts: 22,911
Quote:
Originally Posted by MikeJ View Post
Do I have the right to refuse to use spoken english and resort to only sign langauge and writing on paper even though I am fully capable of communicating verbally?

I've been looking all over trying to find the answers, but I have no clue.
please do call ADA hotline about all of your issues. I strongly advise you to get a lawyer. You're not exactly making your situation any easier than it is. The longer you continue to do this, the bigger problem you will have.
Jiro is offline   Reply With Quote
Old 01-13-2009, 09:45 PM   #3 (permalink)
Registered User
 
Join Date: Jan 2009
Posts: 23
Problem is I can't afford a lawyer. I have to pay $40 bucks a week to take this fucking 1 hour class and I want to make sure I'm getting everything out of it that I can. Isn't that what equal opportunity is about?
MikeJ is offline   Reply With Quote
Old 01-13-2009, 09:47 PM   #4 (permalink)
Registered User
 
jillio's Avatar
 
Join Date: Jun 2006
Posts: 32,396
Quote:
Originally Posted by MikeJ View Post
Problem is I can't afford a lawyer. I have to pay $40 bucks a week to take this fucking 1 hour class and I want to make sure I'm getting everything out of it that I can. Isn't that what equal opportunity is about?
As I advised in another thread, contact the NAD's legal dept.
jillio is offline   Reply With Quote
Old 01-13-2009, 09:48 PM   #5 (permalink)
YOU DOMESTIC DISSENT!
 
Jiro's Avatar
 
Join Date: Apr 2007
Location: The Sopranos State
Posts: 22,911
Quote:
Originally Posted by MikeJ View Post
Problem is I can't afford a lawyer. I have to pay $40 bucks a week to take this fucking 1 hour class and I want to make sure I'm getting everything out of it that I can. Isn't that what equal opportunity is about?
a court-appointed lawyer. again - call ADA Hotline for advice. it is free. hopefully they will send you pro-bono ADA lawyer
Jiro is offline   Reply With Quote
Old 01-13-2009, 10:12 PM   #6 (permalink)
Registered User
 
Join Date: Jan 2009
Posts: 23
Double post. Sorry.

Thanks for the advice. I'll call 'em tmw.
MikeJ is offline   Reply With Quote
Old 01-13-2009, 10:14 PM   #7 (permalink)
YOU DOMESTIC DISSENT!
 
Jiro's Avatar
 
Join Date: Apr 2007
Location: The Sopranos State
Posts: 22,911
Quote:
Originally Posted by MikeJ View Post
Problem is I can't afford a lawyer. I have to pay $40 bucks a week to take this fucking 1 hour class and I want to make sure I'm getting everything out of it that I can. Isn't that what equal opportunity is about?
yes... a court-appointed lawyer is free. Pro-Bono lawyer is free as well. You never know unless you talk to them about it and pray that you'll get a free lawyer.
Jiro is offline   Reply With Quote
Old 01-16-2009, 02:48 PM   #8 (permalink)
In a pink and black world
 
shel90's Avatar
 
Join Date: Sep 2006
Location: In the land of the free
Posts: 23,974
Blog Entries: 3
Who is making u use Spoken English? I think it should be your right.
__________________
Shel~

"A child educated only at school is an uneducated child." -George Santayana


shel90 is offline   Reply With Quote
Old 01-16-2009, 06:46 PM   #9 (permalink)
mandy
 
Join Date: Apr 2008
Location: Cape Town South Africa
Posts: 36
Don't know about USA, but in South Africa it is in our constitution, you have the right to be addressed in your chosen language AS LONG AS IT IS OFFICIAL LANGUAGE OF COUNTRY. We have 11, and SASL is semi-official 12th.
My suggestion is, if it is important to you to have ASL upheld and recognized as official language, keep using it.
mandy is offline   Reply With Quote
Old 01-21-2009, 03:11 AM   #10 (permalink)
bloody phreak from hell
 
VamPyroX's Avatar
 
Join Date: Feb 2003
Location: Hell
Posts: 31,457
Send a message via ICQ to VamPyroX Send a message via AIM to VamPyroX Send a message via Yahoo to VamPyroX
Although you have your rights, it's also important to be reasonable.

Here's an example of a deaf person being unreasonable...

This woman is deaf. She doesn't have clear speech. No one can understand her. Not even a skilled lipreader can understand her. She walks up to the front counter at a local Taco Bell. When she tries to order her food, the cashier cannot understand her. He asks her to repeat. She gets upset and accuses the cashier of being ignorant. The cashier decides to give her a piece of paper and pen so that she can write down her order. She gets upset again cuz she feels insulted that she was asked to write on paper and pen. A hearing woman behind her offers to interpret for her (she's an interpreter at a local college). She gets upset again saying that she never asked for an interpreter and that she can do fine on her own. She says that she has a right to order any way she wants.

Now, was she being reasonable? We can't expect Plan A to go our way. If Plan A doesn't work, be willing to accept Plan B or Plan C.

That's how it is with requesting accommodations with your employer. You shouldn't be very demanding and the ADA does require them to give you "reasonable" accommodations. So, don't be too unreasonable. "I want that T-coil set up in my office!" "I want an interpreter sitting next to me at all times!" "I demand C-print along with my interpreter in all meetings!" That's too much.
__________________

Check out my city... CLICK HERE!
(If you already visited yesterday, visit again today!)
VamPyroX is offline   Reply With Quote
Old 01-21-2009, 04:46 PM   #11 (permalink)
Cool Guy!!
 
purplecatty's Avatar
 
Join Date: Feb 2007
Location: Center of the USA
Posts: 2,459
Quote:
Originally Posted by MikeJ View Post
Do I have the right to refuse to use spoken english and resort to only sign langauge and writing on paper even though I am fully capable of communicating verbally?

I've been looking all over trying to find the answers, but I have no clue.
Remmy It's free country, You don't have to use your voice. Why should u worry. It doesn't matter if you speak so well and suddenly, you decide to use ASL 100% on that day. Court or anyplace cannot force you to switch back to voice anyway.

I have done this before at the store ASL is consider a Foreign Language in some states. State of Kansas consider ASL as a Foreign Language like French, Spanish ect.. So if I happen to be at court, I can choose to use voice or ASL. There are no such law demands voice since that some deafie can't speak at all. I have a deaf friend who can't speak normal. She squeal and sqeaks alot when trying to talk. Often, fast food, store and many other place when I was with her in her group. She always write down what she order or want. Sometime she asked me to interprete to voice for her cuz I was the only guy in the group who speaks well.

Catty
purplecatty is offline   Reply With Quote
Old 01-21-2009, 04:48 PM   #12 (permalink)
Cool Guy!!
 
purplecatty's Avatar
 
Join Date: Feb 2007
Location: Center of the USA
Posts: 2,459
Quote:
Originally Posted by VamPyroX View Post
Although you have your rights, it's also important to be reasonable.

Here's an example of a deaf person being unreasonable...

This woman is deaf. She doesn't have clear speech. No one can understand her. Not even a skilled lipreader can understand her. She walks up to the front counter at a local Taco Bell. When she tries to order her food, the cashier cannot understand her. He asks her to repeat. She gets upset and accuses the cashier of being ignorant. The cashier decides to give her a piece of paper and pen so that she can write down her order. She gets upset again cuz she feels insulted that she was asked to write on paper and pen. A hearing woman behind her offers to interpret for her (she's an interpreter at a local college). She gets upset again saying that she never asked for an interpreter and that she can do fine on her own. She says that she has a right to order any way she wants.

Now, was she being reasonable? We can't expect Plan A to go our way. If Plan A doesn't work, be willing to accept Plan B or Plan C.

That's how it is with requesting accommodations with your employer. You shouldn't be very demanding and the ADA does require them to give you "reasonable" accommodations. So, don't be too unreasonable. "I want that T-coil set up in my office!" "I want an interpreter sitting next to me at all times!" "I demand C-print along with my interpreter in all meetings!" That's too much.
She is not reasonable.. I've heard other deaf did the same. They need to be flexible and be willing to do different methods of communicate so one can understand clearly. She refused to try different method of communication. How sad it is.

Be nice if one can get a taste of it through "mind swap" and understand why hearing people had hard time understanding her if she refuse to try out other communication methods.

Catty
purplecatty is offline   Reply With Quote
Old 01-22-2009, 10:29 AM   #13 (permalink)
Registered User
 
Join Date: Oct 2007
Posts: 398
there is so no things as written ASL (excpet for ASL poetry at Gally). ASl is like a spoken language and our written language is English.
DURAY is offline   Reply With Quote
Old 01-22-2009, 04:09 PM   #14 (permalink)
Cool Guy!!
 
purplecatty's Avatar
 
Join Date: Feb 2007
Location: Center of the USA
Posts: 2,459
Quote:
Originally Posted by DURAY View Post
there is so no things as written ASL (excpet for ASL poetry at Gally). ASl is like a spoken language and our written language is English.
I have seen book written in ASL. So there are written ASL language.. Just FYI

Catty
purplecatty is offline   Reply With Quote
Old 01-22-2009, 04:17 PM   #15 (permalink)
Registered User
 
Join Date: Oct 2007
Posts: 398
yes, at deaf schools and the departmen where Jacobowtiz, Bienvenue, etc worked.
Might world for the deaf world, but inthe hearing world, this won't get you promoted.

Quote:
Originally Posted by purplecatty View Post
I have seen book written in ASL. So there are written ASL language.. Just FYI

Catty
DURAY is offline   Reply With Quote
Old 01-22-2009, 04:22 PM   #16 (permalink)
Registered User
 
jillio's Avatar
 
Join Date: Jun 2006
Posts: 32,396
Quote:
Originally Posted by DURAY View Post
there is so no things as written ASL (excpet for ASL poetry at Gally). ASl is like a spoken language and our written language is English.
When the OP referred to ASL or writing with pen and paper, he was referrring to written English, not written ASL. He was asking about his right to refuse spoken English, not written English.
jillio is offline   Reply With Quote
Old 01-22-2009, 04:42 PM   #17 (permalink)
Registered User
 
S.O.B.'s Avatar
 
Join Date: Nov 2008
Posts: 484
Did you make it clear to your employer as to your preferences for communicating prior to taking the job? Talk to them! If there is no cooperation, then you are advised to seek a legal course.
S.O.B. is offline   Reply With Quote
Old 01-22-2009, 05:51 PM   #18 (permalink)
My nose is light!
 
zerodog's Avatar
 
Join Date: Jan 2008
Location: Oh Thanks Heaven!
Posts: 507
I look over this issue...

Since June 2008 at same time with FCC issue with 10 digits numbers has passed...

It similar with that part but point is June 2008 they modify the ADA laws to clarify....

If a employee that cannot being forced by "spoken" due not able to hear their own voice or so on. However; we do provide access communicate is write paper or make post card or whatever to make all EASIER!

It doesn't matter because the company have rights.. it used to be company rights due in past ADA laws doesn't explain very specific and detial until now in June 2008 make specific and detial of their and our rights.

If they want customer be happy then employee is happy.. if customer is not happy then employee is not happy therefore that company isn't happy. So therefore it need make solution to be happy again.
__________________
Life is giving to us, we earn it by giving it. Let the dead have the immortality of fame, but the living the immortality of love - mean next child earn the life from me, because I love my child that mean lot to me will give to next little person earn the immortality of love from families.
zerodog is offline   Reply With Quote
Old 02-04-2009, 08:55 PM   #19 (permalink)
Adam P. Valerius, DSC
 
SKOREAPV83's Avatar
 
Join Date: Sep 2008
Location: Orange County, CA
Posts: 20
Send a message via ICQ to SKOREAPV83 Send a message via AIM to SKOREAPV83 Send a message via MSN to SKOREAPV83 Send a message via Yahoo to SKOREAPV83 Send a message via Skype™ to SKOREAPV83
I refuse to believe I don't have the right to refuse to speak. I often do even though I can hear fully. I am autistic and I hold a philosophy that we autistic people should be entitled to ASL accommodations under the ADA regardless of which autism spectrum disorder we have & whether we can hear, speak, both, or neither. I have commented about this on WrongPlanet, an Asperger's Syndrome/Autism forum, and here on AD. Here on AD I was verbally attacked about my belief on the very night I joined right after my first post. I don't care about nobody else's opinion of my philosophy. In Cincinnati, OH, there just aren't enough service providers who know ASL...that's why I ever made any comments about having an interpreter. But...no matter who knows ASL & who doesn't...I am NEVER willing to speak to them cuz demonstrating that I can speak at all, even with an impediment as if I am Deaf, they deny me accommodations and aren't flexible with communication. I demand that EVERYONE be flexible with communication if they dunno ASL. If they DO know ASL, I demand that they use it with me...both expressively and receptively. Some people respond spoken when I sign to them and they need NEVER to do so.
SKOREAPV83 is offline   Reply With Quote
Old 02-04-2009, 08:57 PM   #20 (permalink)
Registered User
 
IndieVisible's Avatar
 
Join Date: Nov 2008
Posts: 323
Quote:
Originally Posted by MikeJ View Post
Do I have the right to refuse to use spoken english and resort to only sign langauge and writing on paper even though I am fully capable of communicating verbally?

I've been looking all over trying to find the answers, but I have no clue.
You are entitled to do as you wish, but there are no such rights outlined in the constitution. Most people confuse entitlements and rights mixed up to no end
IndieVisible is offline   Reply With Quote
Old 02-07-2009, 04:02 PM   #21 (permalink)
Registered User
 
Berry's Avatar
 
Join Date: Nov 2006
Location: Oroville, Ca.
Posts: 693
Depends on a lot of things. I tend to like to get what I want and am not always reasonable.

A doctor once refused to let any of my family go in with me so my daughter told him she was my interpreter. We used ASL the whole time and I never spoke once.

Worked great.
__________________
.

Living life in the sandbox.
Berry is offline   Reply With Quote
Old 02-08-2009, 01:30 AM   #22 (permalink)
Amateur Psychiatrist
 
LuciaDisturbed's Avatar
 
Join Date: May 2006
Location: San Antonio, Texas
Posts: 6,658
Quote:
Originally Posted by MikeJ View Post
Do I have the right to refuse to use spoken english and resort to only sign langauge and writing on paper even though I am fully capable of communicating verbally?

I've been looking all over trying to find the answers, but I have no clue.
Yes.
__________________


"Those who cannot remember the past are condemned to repeat it." - Philosopher George Santayana.



Implanted left ear 10/11/06, activated 10/16/06 - Nucleus Freedom


My own CI experience, my views on CI and ASL and Deaf Culture and Society


DeviantArt
LuciaDisturbed is offline   Reply With Quote
Old 02-08-2009, 05:15 PM   #23 (permalink)
Registered User
 
Join Date: Oct 2006
Posts: 64
Quote:
Originally Posted by MikeJ View Post
Do I have the right to refuse to use spoken english and resort to only sign langauge and writing on paper even though I am fully capable of communicating verbally?. . .
I can talk. I may sound terrible under stressful conditions or sometime when the moon is funny and my kidneys makes me hear funny, I'd rather not talk. My problem is: I don't know Sign language. Seems like the hearing world tells you to either speak/hear or watch/ASL. I'm caught between the two worlds. I probably fall into the foreign language category and tell them a have a language barrier. Writing on paper would be my solution.
Presbyter is offline   Reply With Quote
Old 05-06-2009, 02:51 PM   #24 (permalink)
Registered User
 
Shi-Ku Chishiki's Avatar
 
Join Date: Jan 2009
Posts: 23
Doing What One Wants and Doing What's Best..

The question was asked by MikeJ.. "Do I have the right to refuse to use spoken english and resort to only sign langauge and writing on paper even though I am fully capable of communicating verbally?"

IndieVisible;1242194 then said in part..

Quote:
You are entitled to do as you wish..
You also went on to say, "I am fully capable of communicating verbally" but seeing you have decided NOT to do so would tend to make me think you're knowingly placing those who may not know ALS in situations of difficulty through no fault of their own.

I agree with IndieVisible;1242194. "You are entitled to do as you wish", but sometimes doing what you wish and doing what is best is two different things on opposite sides of the coin.

As a example, ie: you have a right to ride a bicycle (or even walk) to work instead of using your car.. but don't blame your employer for being mad if you're two hours late.

Life is hard enough as it is without making it any more diffucult!

Shi-Ku Chishiki ShiKu.Chishiki@Gmail.com
__________________
0250.Hz L-55 R-50
0500.Hz L-60 R-60
0750.Hz L-65 R-65
1000.Hz L-70 R-70
1500.Hz L-65 R-65
2000.Hz L-65 R-65
3000.Hz L-70 R-72
4000.Hz L-75 R-80
6000.Hz L-78 R-90
8000.Hz L-80 R-100
Shi-Ku Chishiki is offline   Reply With Quote
Old 05-07-2009, 12:49 AM   #25 (permalink)
bloody phreak from hell
 
VamPyroX's Avatar
 
Join Date: Feb 2003
Location: Hell
Posts: 31,457
Send a message via ICQ to VamPyroX Send a message via AIM to VamPyroX Send a message via Yahoo to VamPyroX
Quote:
Originally Posted by Shi-Ku Chishiki View Post
The question was asked by MikeJ.. "Do I have the right to refuse to use spoken english and resort to only sign langauge and writing on paper even though I am fully capable of communicating verbally?"

IndieVisible;1242194 then said in part..



You also went on to say, "I am fully capable of communicating verbally" but seeing you have decided NOT to do so would tend to make me think you're knowingly placing those who may not know ALS in situations of difficulty through no fault of their own.

I agree with IndieVisible;1242194. "You are entitled to do as you wish", but sometimes doing what you wish and doing what is best is two different things on opposite sides of the coin.

As a example, ie: you have a right to ride a bicycle (or even walk) to work instead of using your car.. but don't blame your employer for being mad if you're two hours late.

Life is hard enough as it is without making it any more diffucult!

Shi-Ku Chishiki ShiKu.Chishiki@Gmail.com
I agree with you.

While you have a right, you also need to be reasonable.

If you know that not spoken English will create many hardships, then be reasonable and use spoken English. It would certain make things a lot easier.

Think about the tax dollars that are being spent on these proceedings. The harder you make it for them, the more they have to spend. The more they have to spend, the more we have to spend.
__________________

Check out my city... CLICK HERE!
(If you already visited yesterday, visit again today!)
VamPyroX is offline   Reply With Quote
Old 05-11-2009, 01:17 PM   #26 (permalink)
Claire Menzies
 
Join Date: May 2009
Location: Stanley, County Durham, UK
Posts: 9
Thumbs up Spoken English

"BE DEAF & PROUD"

I am deaf proud, I wearing hearing aids.
I am proud to be a BSL (British Sign Language) user.
Would love to learn ASL.

My partner is hearing he can sign.
Claire Menzies is offline   Reply With Quote
Old 05-11-2009, 02:11 PM   #27 (permalink)
Weapon of mass percussion
 
rockdrummer's Avatar
 
Join Date: Feb 2006
Location: Chicago area
Posts: 4,087
I guess I just don't understand the whole story. Seems like this is an ongoing saga. I would have to ask the question why would you not want to use English if you know it and can speak it? I don't get it. Wouldn't you want to use whatever tools you have to communicate with the world around you.
rockdrummer is offline   Reply With Quote
Old 05-11-2009, 04:26 PM   #28 (permalink)
In a pink and black world
 
shel90's Avatar
 
Join Date: Sep 2006
Location: In the land of the free
Posts: 23,974
Blog Entries: 3
Quote:
Originally Posted by rockdrummer View Post
I guess I just don't understand the whole story. Seems like this is an ongoing saga. I would have to ask the question why would you not want to use English if you know it and can speak it? I don't get it. Wouldn't you want to use whatever tools you have to communicate with the world around you.
I can see from your point of view. My hubby sees the way you too about this issue. It could be because for the OP and others, just being able to pronounce the words is very very difficult for them. Maybe the OP has that issue and was wondering if he/she has the right not to use it. I know many deaf people use writing instead of trying to use their intelligble speech to avoid misunderstandings and frustration from both parties. Sometimes, it is just more trouble to use spoken English. I can't pronounce hamburgers very well and no matter where I go and whom I speak with, almost nobody can't understand me whenever I say that word especially when I am ordering it so it is easier for me to write it down then even bother trying after years of no success with that word. Lol
__________________
Shel~

"A child educated only at school is an uneducated child." -George Santayana


shel90 is offline   Reply With Quote
Old 05-11-2009, 04:47 PM   #29 (permalink)
Weapon of mass percussion
 
rockdrummer's Avatar
 
Join Date: Feb 2006
Location: Chicago area
Posts: 4,087
I see your point Shel but this person said
Quote:
I am fully capable of communicating verbally?
rockdrummer is offline   Reply With Quote
Old 05-11-2009, 05:11 PM   #30 (permalink)
In a pink and black world
 
shel90's Avatar
 
Join Date: Sep 2006
Location: In the land of the free
Posts: 23,974
Blog Entries: 3
Quote:
Originally Posted by rockdrummer View Post
I see your point Shel but this person said

Good point..maybe the effort put to communicate verbally takes this person a lot of work? For me, communicating verbally doesnt require me to think..it comes naturally but for some deaf people, they have to work at it so perhaps it is the case. If not, then that's a question the OP would need to answer.
__________________
Shel~

"A child educated only at school is an uneducated child." -George Santayana


shel90 is offline   Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On



All times are GMT -5. The time now is 02:17 AM.


Join AllDeaf on Facebook!    Follow us on Twitter!

All text, images, and other content are Copyright © 2002-2009 by AllDeaf.com. All Rights Reserved.
vBulletin® Version 3.8.2
Copyright ©2000 - 2009, Jelsoft Enterprises Ltd.