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Rights panel agrees with deaf man denied interpreter | The Kennebec Journal, Augusta, ME
A human rights panel on Monday sided 3-1 with a man who said he was a victim of disability discrimination when a South Portland optometrist failed to provide him with a qualified interpreter during an eye exam.
Kevin Myshrall, 44, of Andover, who is deaf, had filed a complaint with the Maine Human Rights Commission against Peter Morse and Peter F. Morse Inc.
According to a report by a commission investigator, Myshrall said he requested an interpreter when he booked the appointment, and none was present when he arrived at the office on March 24, 2010.
"It seemed a straight-forward case of Dr. Morse denying him accommodation that was requested for the appointment," said Sean Ociepka, an attorney for the Disability Rights Center of Maine, who represented Myshrall.
Ociepka said Myshrall later went to a different optometrist.
Stephen Langsdorf, the attorney who represented Morse, said he disagreed with the commission finding.
"Apparently there was a misunderstanding as to whether Mr. Myshrall was going to be bringing an interpreter with him, and he became angry and stormed out," Langsdorf said.
Langsdorf said the law requires effective communication, not necessarily an interpreter.
"The doctor had experience working with patients in writing, but he never had a chance," Langsdorf said. "You can't say working through an interpreter orally is as effective as one-to-one written communication."
According to the investigator's report, Morse has practiced optometry for 30 years and treated a number of hearing-impaired patients, usually using a notepad to exchange written communication.
Commission findings are not law, but may become grounds for lawsuits.
The case now enters a conciliation phase.
"The disability rights center will discuss the possibility of resolving this to help assure this type of accommodation problem doesn't arise again," Ociepka said.
A human rights panel on Monday sided 3-1 with a man who said he was a victim of disability discrimination when a South Portland optometrist failed to provide him with a qualified interpreter during an eye exam.
Kevin Myshrall, 44, of Andover, who is deaf, had filed a complaint with the Maine Human Rights Commission against Peter Morse and Peter F. Morse Inc.
According to a report by a commission investigator, Myshrall said he requested an interpreter when he booked the appointment, and none was present when he arrived at the office on March 24, 2010.
"It seemed a straight-forward case of Dr. Morse denying him accommodation that was requested for the appointment," said Sean Ociepka, an attorney for the Disability Rights Center of Maine, who represented Myshrall.
Ociepka said Myshrall later went to a different optometrist.
Stephen Langsdorf, the attorney who represented Morse, said he disagreed with the commission finding.
"Apparently there was a misunderstanding as to whether Mr. Myshrall was going to be bringing an interpreter with him, and he became angry and stormed out," Langsdorf said.
Langsdorf said the law requires effective communication, not necessarily an interpreter.
"The doctor had experience working with patients in writing, but he never had a chance," Langsdorf said. "You can't say working through an interpreter orally is as effective as one-to-one written communication."
According to the investigator's report, Morse has practiced optometry for 30 years and treated a number of hearing-impaired patients, usually using a notepad to exchange written communication.
Commission findings are not law, but may become grounds for lawsuits.
The case now enters a conciliation phase.
"The disability rights center will discuss the possibility of resolving this to help assure this type of accommodation problem doesn't arise again," Ociepka said.
