Deaf Disability Rights: Get a Lawyer, Get Justice

At Morgan & Morgan, we believe that justice should be accessible to everyone. That includes people in the Deaf and hard of hearing community, who still face barriers in employment, healthcare, education, and public life, even decades after the passage of the Americans with Disabilities Act (ADA).

Being Deaf is not a limitation in and of itself—it’s society’s failure to accommodate and include that creates challenges. 

Whether a person uses American Sign Language (ASL), lip reads, speaks, uses hearing aids or cochlear implants, or identifies as Deaf, deaf, or hard of hearing, their rights are protected under the law. And when those rights are violated, legal action may be the only way to hold systems accountable and create change.

If you or someone you love has faced unjust treatment, contact Morgan & Morgan for a free case evaluation to learn more about your legal options.

Get in Touch with Our Attorneys

If you believe you’ve been discriminated against because of a disability—or if you’d like to speak to our Deaf and Disability Rights Unit about a potential case—please reach out directly to our experienced attorneys:

Sharon Caserta, Attorney
904-245-1121 (Video Phone)
904-361-0078 (Voice)

Christine Phillips
904-799-1405 (Video Phone)
904-361-7234 (Voice)

What Does It Mean to Be Deaf?

“Deaf” is a term that encompasses a wide range of experiences. It may describe people who:

• Are born without the ability to hear
• Lose their hearing later in life
• Identify as culturally Deaf (part of a community that uses ASL and shares common values)
• Prefer the term “hard of hearing” to describe partial hearing loss

Not everyone in the community views deafness as a “disability,” and that’s important. Many view it as a cultural and linguistic identity rather than something that needs to be “fixed.” Still, when navigating legal systems or asserting rights under laws like the ADA, the term disability is used as a legal definition that ensures protection from discrimination.

At Morgan & Morgan, we respect all identities and individual preferences. Our goal is to support Deaf and hard of hearing people in demanding the accommodations and equality they deserve.

Legal Rights of Deaf Individuals in the United States

People who are Deaf or hard of hearing are protected under several federal laws, including:

Americans With Disabilities Act (ADA)

The ADA is a landmark civil rights law passed in 1990 that prohibits discrimination based on disability in:

• Employment (Title I)
• State and local government services (Title II)
• Public accommodations like restaurants, hotels, and movie theaters (Title III)
• Telecommunications (Title IV)
• Miscellaneous provisions (Title V)
  
   

For Deaf individuals, the ADA requires entities to provide reasonable accommodations, such as:

• Qualified ASL interpreters
• Real-time captioning
• Video Relay Services (VRS)
• Written communication options
• Visual alert systems

Failure to provide these accommodations can be considered discrimination.

Section 504 of the Rehabilitation Act

This law applies to programs and organizations that receive federal funding, such as public schools, hospitals, and transportation systems. It requires them to ensure equal access for people with disabilities, including Deaf individuals.

Individuals With Disabilities Education Act (IDEA)

IDEA ensures that Deaf and hard of hearing children receive a “free appropriate public education” (FAPE) in the least restrictive environment. This might include:

• ASL interpreters in the classroom
• Specialized teachers for Deaf and hard of hearing students
• Assistive listening devices

Schools are required to create an Individualized Education Plan (IEP) that outlines the student’s needs and services.

Fair Housing Act and Air Carrier Access Act

These laws protect against housing and travel discrimination. Landlords can’t deny housing due to someone’s Deafness, and airlines must provide reasonable accommodations like captioned safety videos or assistance communicating with flight crews.

Common Forms of Discrimination Faced by the Deaf Community

Despite these protections, Deaf people often face discrimination in daily life. Here are some common and unacceptable examples:

Employment Discrimination

Many Deaf individuals are overlooked for jobs or passed over for promotions due to inaccurate stereotypes about their capabilities. Employers may:

• Refuse to hire qualified Deaf candidates
• Fail to provide reasonable accommodations, such as interpreters for interviews or meetings
• Exclude Deaf employees from essential workplace communication
• Retaliate when accommodation requests are made

All of these behaviors are illegal under the ADA.

Medical Discrimination

Accessing healthcare is often one of the biggest challenges for Deaf people. Many are forced to:

• Rely on written notes or family members instead of professional interpreters
• Miss critical medical information
• Receive improper diagnoses or treatment due to communication barriers

Under the ADA and Section 504, hospitals and clinics must provide qualified interpreters and communication aids free of charge.

Legal System Discrimination

Without proper accommodations, Deaf people may not fully understand their rights in legal proceedings. This can lead to:

• False confessions
• Miscommunication with attorneys or law enforcement
• Inability to participate in their own defense

All participants in the justice system, including police, courts, and lawyers, have a legal obligation to provide communication access.

Education Barriers

In schools, Deaf children may be left out of classroom discussions or denied the resources they need to thrive. Some common violations include:

• Lack of ASL-fluent teachers or interpreters
• Isolation in mainstream classrooms without support
• Delayed or denied access to early intervention services

Parents have the right to advocate for appropriate accommodations under IDEA and Section 504.

Lack of Access to Public Accommodations

Restaurants, theaters, and public events often fail to provide:

• Captioning for videos or performances
• Visual alarms or alerts
• Staff trained in Deaf awareness

These oversights make it difficult for Deaf individuals to participate fully in public life and may be grounds for a lawsuit.

Communication Accommodations: What’s Required?

Entities covered under the ADA must provide effective communication. That doesn’t mean doing the bare minimum; it means providing access that is equally effective as it would be for hearing individuals.

For example, a doctor’s office should offer an ASL interpreter or VRI (Video Remote Interpreting), while schools should provide accommodations such as IEP with interpreting services or assistive tech.

The Deaf person should have input into which accommodation works best for them. One size does not fit all.

What to Do If You Experience Discrimination

If you or a loved one has been denied equal access because of being Deaf or hard of hearing, you have rights. Here’s what you can do:

1. Document the Incident

Write down what happened, where, and who was involved. Keep copies of emails, texts, or policies that show denial of services.

 

2. Request Accommodations in Writing

Formally ask for what you need, such as an interpreter, and cite the ADA or Section 504. If your request is denied, that could strengthen your legal case.

3. File a Complaint

You can file complaints with:

• U.S. Department of Justice (DOJ) for public accommodation issues
• Equal Employment Opportunity Commission (EEOC) for employment discrimination
• U.S. Department of Education for school-related issues
  
   

4. Contact a Disability Rights Attorney

Filing a lawsuit can be overwhelming, but you don’t have to do it alone. An experienced attorney can help you:

• Understand your rights
• Gather evidence
• Negotiate with employers, schools, or businesses
• File a lawsuit if necessary

At Morgan & Morgan, we’ve helped thousands of individuals stand up to injustice — and we’re ready to help you too.

Why This Matters

Disability rights aren’t just legal issues—they’re human rights issues. Every time a Deaf person is denied access, ignored, or forced to accommodate others instead of being accommodated themselves, we fail as a society.

These injustices have a ripple effect. They lead to lower income, poorer health outcomes, and limited opportunities, not because of Deafness, but because of discrimination. That’s why legal advocacy is essential. It’s how we dismantle barriers, one case at a time.

How Morgan & Morgan Can Help

If your rights have been violated, you’re not alone, and you’re not powerless. Morgan & Morgan has a proven track record of fighting for marginalized and underrepresented communities. We take on big institutions that think they can get away with cutting corners or ignoring the law.

We understand that Deaf clients may have unique needs. That’s why we offer interpreters or communication support for consultations, text and email-based communication options, and attorneys experienced in ADA, employment, and civil rights law.

If you’ve faced discrimination at work, school, the doctor’s office, or anywhere else, we want to hear your story. Our attorneys work on a contingency basis, which means we don’t get paid unless we win your case.

At Morgan & Morgan, we fight For the People, and that means for everyone, including the Deaf community.

Hiring one of our lawyers is easy, and you can get started in minutes with a free case evaluation.