Into which category do we Deaf people fit? Race or Disability? Well, this vlog is a sequel to the first vlog (The Canadian Definition of Audism). In that vlog, the CHS (Canadian Hearing Society) is of the view that Deaf people are not only disabled, but also an ethnic (race) minority.
How might we use existing legislation to combat attitudinal barriers? We may do so upon racial and disability grounds. Before I explain how to do this, I must first explain what happened during Gary Malkowski’s presentation Breaking Attitudinal Barriers in Policy and Practice. He asked his audience, one of which I was, this question: Which category do you think Deaf people fit into? Race or Disability? Gary then qualified this by explaining that race no longer has to do with biological characteristics, such as skin colour. Race includes these characteristics: accent or manner of speech (or language), culture, history, beliefs and practices, traditions and social constructs”.
Silly question, I thought, with a tinge of arrogance. Race, of course, especially since we have all these characteristics of a race! I don’t accept disability as a label for us! Gary’s answer startled me. He said: We fit into both racial and disabled categories. He explained that since we claim disability tax, use ODSP (Ontario Disability Support Program), and use ADP (Assistive Devices Plan) in which the government pays half of what it costs to obtain TTY, and other devices we need, we have accepted the label of disability for ourselves. So, that indeed means we are both a race and a disability group. So what do we do? How do we use legal means to combat attitudinal barriers? Two significant pieces of Human Rights legislations are as follows:
ACCESSIBILITY FOR ONTARIANS WITH DISABILITIES ACT (AODA):
•Remove attitudinal barriers that discriminate against people with disabilities
•Eliminate systemic barriers in organization’s policies, practices or procedures that discriminate against people with disabilities
•Engage in public awareness activities designed to raise employer and service providers awareness of disability issues and to combat negative attitudes and stereotypes about persons with disabilities
Ontario Human Rights Commission’s Policies and Guidelines
•Policy and Guidelines on Racism and Racial Discrimination
•Policy and Guidelines on Disability and the Duty to Accommodate
•Policy and Guidelines on Accessible Education (this component will not be discussed here.)
(Malkowski, 2010)
Although we can use AODA to help us break down attitudinal and discriminatory barriers, OHRC is a significant piece of legislation. It needs to be made clear that racism and audism are both attitudes. The former is the ideology that one racial group is inherently superior to other racial groups. The latter is another ideology that to be hearing is superior to those who are deaf; have hearing loss. However abhorrent these attitudes are, we cannot take racists and audists to a human rights tribunal just on the basis of these attitudes. We cannot prove anything.
But, when these attitudes and ideologies manifests themselves openly in language and behaviours that are discriminatory against, for instance the Deaf, out of unfounded concern for safety. This then poses barriers. The use of discriminatory language in policy for instance, then becomes grounds for complaint to the Human Rights Commission.
This indeed happened in BC (British Columbia), where the Ministry of Transportation imposed a policy against Deaf people driving 18-wheelers due to safety concerns. So, of course this prevented Deaf truckers from getting trucking jobs there.
The Ministry of Transportation got hauled before the Human Rights tribunal. The lawyers for the discriminated deaf drivers asked the government for the premise they came up with for their discriminatory policy. The Ministry of Transportation pointed to the medical association in BC, who recommended that Deaf people not be allowed to drive large trucks for safety reasons. When challenged on this, the medical association revealed they based this recommendation on the number of elderly people who lost their hearing and got into vehicular accidents.
Needless to say, none of the Deaf complainants were elderly. Their lawyer called in an insurance company and asked for their statistics. The company answered that statistically speaking , deaf drivers had better than average driving records due to the fact that driving is a visual skill, and that many Hearing people tended to be distracted by music or using the cellphone. As a result, the discriminatory policy was scrapped. That is how we can use the Ontario Human Rights Commission Policy and Guidelines on Racism and Racial legislation to combat discriminatory policies and practices that are rooted in racial and or audist attitudes. (Malkowski, 2010)
Here’s a scenario: Your employer refuses to provide you with an interpreter based on his perception that he would experience financial undue hardship as a result of providing you. This unwillingness “to use or put accommodations in place because of cost seems almost reasonable until faced with the Duty to Accommodate” (Malkowski. Vibe’s The Canadian Hearing Society Magazine, Spring/Summer 2003) Malkowski revealed during his presentation that the Ontario government has financial assistance available to support small businesses in meeting their duty to accommodate. Should your employer refuse to provide an interpreter for you, he would have failed in his duty to accommodate, and that would be grounds for you to bring your complaint to the Human Rights Commission using the OHRC Policy and Guidelines Disability and the Duty to Accommodate.
Remember, as a racial group, we Deaf people may may use the OHRC Policy and Guidelines on Racism and Racial Discrimination to break down attitudinal barriers. As a disabled group, we may use the Duty to Accommodate component of the OHRC if we are denied accommodations that we require.