The Americans with Disabilities Act (ADA) prohibits discrimination against individuals with disabilities and was implemented in 1990. It is composed of five Titles, each focusing on a specific area of public life, including employment, education, transportation, healthcare, emergency services, and private and public business. Deafness and specific mental illnesses are both considered disabilities under the ADA, so an individual who may have both is protected against discrimination and should be provided reasonable accommodations in all aspects of public life.
What is mental illness?
Mental illness can be defined as any change in thinking, behavior, or emotion by an individual. Mental illness can be long lasting (chronic) or come on suddenly and dissipate (acute). The term mental illness is incredibly broad, and encompasses many diagnoses, including mood disorders (such as depression), personality disorders, anxiety disorders, or psychotic disorders (such as schizophrenia or post-traumatic stress disorder). All of these disorders, if documented that they substantially limit the ability of an individual to complete one or more major life activities, are covered under the ADA.
Deaf or hard of hearing individuals are not immune to mental health issues or illnesses, in fact research has shown that Deaf individuals trying to function in a hearing world are often at risk of developing mental health issues such as depression and anxiety. The risk is even greater if an individual’s hearing loss is acquired, as they have lost access to a primary communication method and now must relearn how to communicate effectively. So what resources are available to Deaf or hard of hearing individuals at risk of developing a mental health issue?
Mental Health and ADA laws
While Deafness or hard of hearing is an eligibility for protection under the ADA, many Deaf individuals have comorbid conditions. If those conditions also substantially impair an individual’s ability to access the functions of daily living, then it is considered an eligible disability under the ADA. Most individual’s mental health is fluid, with some people experiencing good days and bad health days, so both severe mental conditions or episodic mental health conditions fall under the same protection.
While Deafness is visible, the status of an individual’s mental health is not. It is not mandatory to disclose a mental illness, however to receive protection from the ADA, which prohibits discrimination and requires reasonable accommodations, the illness must be disclosed. Once a mental health issue is disclosed to an employer, that employee is protected against any discrimination, and reasonable accommodations such as adjustments to job tasks, flexible hours or telecommuting, and job protected leave during periods of illness (in conjunction with the Family and Medical Leave Act).
The same protections can be made for students with Deafness or hard of hearing and mental health issues in education. Students can receive accommodations under Section 504 of the Rehabilitation Act of 1973 which include accommodations and access to a behavior interventionist or school psychologist. If either Deafness or mental issues become severe enough to affect the child’s ability to access their educational environment, then the child’s educational team would draft and implement and Individualized Education Plan (IEP) to help the student with academics and provide social and emotional help.
As stated previously, mental illness is invisible. Other areas that may need to be accommodated for Deaf individuals with mental illness would be health care or emergency services. Both these areas have individuals that are trained in crisis management and should be able to provide reasonable accommodations to individuals if the illness is disclosed. Reasonable accommodations include access to medications, removal of distracting stimuli, private speaking places, in addition to the accommodations that come from Deafness, including a sign language interpreter or real time transcriptions.
Mental Health Resources
There are some amazing health resources available for Deaf or hard of hearing individuals working through mental health issues. While reasonable accommodations can be made through specific mental health providers such as sign language interpreters or real time computer automated transcriptions, there are organizations within the Deaf community that are committed to providing comprehensive mental health care. Access to these community resources is dependent upon where an individual lives, however with the internet and the increase in teletherapy due to Covid 19 shutdowns, these providers should be able to accommodate a Deaf or hard of hearing individual through teletherapy. All providers that work through Deaf community counseling are fluent in sign language and work under the mission that Deaf and hard of hearing clients have the right to the same level of emotional and behavioral health care that hearing individuals have.
If an individual is not able to work with Deaf community counseling, a reasonable accommodation to access a mental health resource could be teletherapy. This might be good for those suffering with anxiety or PTSD. If meeting with a therapist or mental health professional in an office, a Deaf individual would request a sign language interpreter. Due to the high level of communication required during these sessions, written notes would not be an appropriate accommodation.
Another mental health resource could be a service animal. Service animals are protected under ADA laws and can provide individuals with mental health issues with reminders to take medication or help reduce anxiety or depression by being a companion to those in need.
Conclusion
Thankfully, we are living in a time where the stigma behind mental illness is lessening and employers, educational institutions, and healthcare providers are working within their organizations to better accommodate those suffering from mental health issues. Some employers are actively trying to increase the mental well being of their employees whether they have a documented disorder or not, simply because they know that mental well being is good for business. However, if you feel that your needs are not being met due to Deafness or mental health, contact Unspoken Language Services, a professional ASL interpreting service provider, to help bridge the communication gap and create an inclusive and accessible environment for all.
