Deaf Americans’ civil rights have been protected by the Americans with Disabilities Act since its passing in 1990. Protections for Deaf individuals look different in other countries, but most advanced countries have similar laws that protect the Deaf members of their societies. Utilizing proactive measures, each country has drafted and implemented inclusionary laws on their own timeline. In Canada, Deaf citizens’ civil rights are protected under three laws: the Canadian Human Rights Act, the Canadian Charter of Rights and Freedoms, and the Accessible Canada Act.
The Canadian Human Rights Act
Passed in 1977, the Canadian Human Rights Acts (CHRA) prohibits discrimination in many areas of public life. It also allows accommodations for individuals with disabilities. Discriminatory practices are defined by the CHRA as any denial of goods, services, facilities, or commercial or residential accommodations. Globally, Deaf individuals face the most discrimination in the area of employment, with prospective employers fearful of the monetary costs of requested accommodations or because of subconscious biases. Just like Deaf Americans, Deaf Canadians are granted similar protections from employment discrimination by CHRA. Discriminatory employment practices include refusing to employ Deaf individuals, excluding an individual from a full membership in an employee organization, limiting or classifying an individual in a way that would deny that individual employment opportunities, withholding or deducting wages from a Deaf worker, or assessing the quality of a Deaf employee’s work versus the work of a hearing coworker. The CHRA also explicitly states that employees can request accommodations and that employers shall provide practical accommodations, consulting with the employee to provide or arrange for accessible communication formats and/or support.
The main purpose of the Canadian Human Rights Act is to make sure that all individuals have equality and inclusivity within Canadian society so they can live as they wish to live as well as have their needs accommodated. Arguably, the biggest barrier for Deaf individuals is appropriate communication methods so that Deaf individuals can access the same information as hearing individuals. Canada is a two-language country, and the Broadcasting and Telecom Regulatory Policy makes sure that all major English and French television networks caption 100% of their programming.
Another way the CHRA is addressing barriers in communication is through the Integrated accessibility standards, specifically Part II: Information and Communication standards. These standards allow for access to closed captioning for broadcasting programs and allow for accessible formats and communication support within public businesses. Section 12 of Part II states that organizations shall, upon request, provide accessible formats and communication support in a timely manner at no cost. Section 13 of Part II states that business organizations should have emergency procedures in place for individuals with communication needs and Section 14 of Part II states that websites and web content need to be accessible to individuals with disabilities. This often refers to real time captioning of videos and audio descriptions.
Additional Protections for Deaf Individuals Living in Canada
Beyond the Canadian Human Rights Act, Deaf individuals fall under protection of the Canadian Charter of Rights and Freedoms. Passed in 1982, the Canadian Charter of Rights and Freedoms protects all basic rights of the people of Canada. It ensures that the government doesn’t interfere with any rights or freedoms of Canadian citizens. The rights guaranteed within the law include the right to certain protections and freedoms, including mobility rights, legal rights, educational rights, and equality rights.
Another protection is the Accessible Canada Act (ACA). Also known as Bill C-81, the ACA was passed in 2019. It most closely resembles the United States Americans with Disability Act (ADA), and it specifically identifies Canadians with disabilities as their own distinct group, rather than grouping them with other ethnic or gender groups. Bill C-81 is a federal law and ensures equal access in the areas of employment, procurement of goods and services, the design and delivery of programs and services, information technology, communication technology, physical environments of buildings and transportation. A priority area of the ACA is communication, and includes the use of American Sign Language, Quebec Sign Language, and Indigenous sign language. Like Title II and III of the ADA, the ACA states that any private or public sector business must make reasonable accommodations for disabled individuals to access their facilities.
The goal of the ACA is to be implemented in accordance with three principles. First, that every individual be treated with dignity regardless of disability. Second, that every person has the same opportunity and is able to live the life they wish to live. Third, that everyone be able to fully participate in an equal society, including having equal say in laws, policies, programs, and services and that people with disabilities be consulted and involved in the development.
The goal of the ACA is to see that all major businesses are completely accessible by 2040, which is a federal effort to make all facilities open to disabled people over the next two decades. One major component of the ACA are for businesses to complete accessibility plans. These accessibility plans are company strategies for implementing accommodations and inclusionary practices so that all business can be accessible to Deaf people. Another component of the ACA is for businesses to complete progress reports. These reports detail the companies accessibility plan and are a way for companies to be held accountable for the work they are completing towards accommodation and inclusion of persons with disabilities, including Deaf individuals.
Conclusion
Discrimination protections for Deaf individuals look different in different countries, however the end goal for the United States, Canada, and ideally the world is to build an inclusive society and ensure equal access for all. If you are ever in need of bridging the communication gap and creating an inclusive and accessible environment for all, reach out to Unspoken Language Services, a professional sign language interpreter service.
