DisABILITY Computing and the Law: What You Should Know

By Tzipporah Benavraham,
Adjunct Professor
New School for Social Research
Email: bitnet zippy@sjuvm or zippy@bklyn


Computer accessibility has many faces , and access for a person with a major life impairment is a matter of both legal definition and personal resolve. The miracle of access to the printed word has been revolutionized for disabled people through the use of the computer. Miracles are occurring daily in elementary and secondary schools, as well as in colleges and businesses. To watch a quadriplegic input computer data by use of an eyeblink switch inspires a smile. To see a blind person read braille just output from a computer, or to see a deaf person use a telephone with a TDD (Telecommunications Device for the Deaf) brings new personal dignity. All this would have been science fiction a few short years ago. Yet today the wonders of technology are enabling many to achieve new, personal independence. However, as in all tangible things, law and regulation has indeed found its place in this world of computer miracles. With the rule of law comes questions concerning access and affordability. Many laws and responsibilities have come forth from this technological development called the adaptive computer. In this article, I will discuss the key legal points of this human interface to technology for the disabled.

Most people think of laws as frightening things that lawyers argue about in ornate halls of justice. However through law comes the greatest possibilities for technology access for disabled persons. Here are the key laws: Americans with Disabilities Act of 1990, section 504 of the Rehabilitation Act of 1973, section 508 of Public Law 99-506 concerning electronic data processing for disabled federal employees and the Education of All Handicapped Children Act.

Americans with Disabilities Act

The Americans with Disabilities Act of 1990 is the most significant legislation concerning disabled persons ever in the history of the world. This 102 page law contains elements concerning employment, housing, public accommodation, and telecommunications. It requires that "reasonable accommodation" be made to provide access for handicapped persons, and this includes computer technology and telecommunications. Employers may have to place disability work stations in businesses where disabled will work. Or TDDs may be required for deaf to have access to the phone lines. Public accommodation may include the spectrum of libraries having talking terminals for the print disabled for access to their computerized technology. In all places a computer is placed, access for the disabled may indeed become an actionable issue if there is no accommodation under this law. Thus an airline with a computer terminal for information for their passengers may indeed be required to provide voice synthesis access for blind persons, or a hotel may be required to have a TDD for a hearing impaired person to use. The net effect, however, will not only be an empowerment for the disabled, but may well be lower cost for all as more people are mandated to use this law in the future. However, since most of these laws will not be in regulatory form until 1992, what they will mandate is not clear YET.

Section 504

Section 504 of the Rehabilitation Act of 1973, concerns "non discrimination on the basis of disability in federally assisted programs". Before the Americans with Disabilities Act of 1990, this 1973 law as amended was the only civil rights provision for disabled persons. It only allowed what was called "reasonable accommodation" and only applied in those programs for disabled persons that received Federal money. However, that did include educational programs receiving federal funding. This act also contains the official definition of a handicapped person.

Handicapped persons means any person who has a physical or mental impairment which substantially limits one or more major life activities, has a record of such an impairment, is regarded as having such an impairment. The phrase: "Physical or mental impairment" means any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hematic and lymphatic; skin and endocrine; or any mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

As you see, many common ordinary people you know are "handicapped" under this definition. Section 504 gave the legal shape and format to these issues.

Section 508

Section 508 of Public Law 99-506" Electronic Data Processing for Disabled Federal Employees" was the start of another array of laws concerning disabled persons and technology. It required the administration, in consultation with the electronics industry, to develop and establish guidelines for electronic equipment accessibility designed to insure that individuals, who were federal employees, with handicaps can use electronic office equipment with or without special peripherals. A rather remarkable policy document called the "COCA Bulletins" has been written by the Clearinghouse on Computer Accommodation concerning this. The bulletins present guidance to Federal managers who are unfamiliar with the application of computer and related information technology to accommodate users with disabilities and provide for their access to information. For further information, contact: Susan A. Brummel, Director, Clearinghouse on Computer Accommodation, Room 2022,
18th & F Streets, N.W., Washington, DC 20405.

Education of All Handicapped Children Act

Children with disabilities also are afforded "reasonable accommodation" in their education. The law states that schools must provide "special education and related services". The new phrase was "related services", and its meaning has been clarified in several court cases. A rather significant court ruling came on this point from a child Tatro, who needed a catheterization to attend a mainstreamed school. In the case before the Supreme Court of the United States, "Tatro v. State of Texas, the Supreme Court decided that an array of items are indeed "related services". This has been widely interpreted to include both computers and adaptive hardware where this is suitable. Disabled children have also been afforded such services as "augmentative speech" devices and "hearing aid loops" in what is called their "individual education program".

In The case, Board of Education V Rowley mainstreaming WITH RELATED AIDS AND SERVICES (such as the FM loop) is mandated by the court. AS a result, children can and do receive an array of technology for their disabilities in the mainstream educational setting. The Rowley decision establishes technology access for disabled children as a legal right.

In the case, United States v University of Alabama, the education law was extended to include higher education. The decision stated that the recipients of Federal funding are required to ensure that students with disabilities are provided auxiliary aids, including taped texts, interpreters for students with hearing impairment, readers for students with visual impairment and classroom equipment adapted for use by students with manual impairments. Hence if all the class must learn statistics on a computer as an example, and a student requires a voice synthesis device to perceive the screen independently, the college is obligated to provide the device free of charge to the student. Otherwise, it is an actionable offense under US Civil Rights law.

"Reasonable accomodation" and the Courts

In the arena of employment, the issues of "reasonable accommodation" for the disabled is an important concept both for the handicapped person and for the employer. Businesses and other institutions, public and private, worry about being compelled to spend large amounts of money on one person and also about making extensive alterations to their facility or to their operations. The law recognized this as a problem, and it tried to address these concerns with the "reasonable accommodations" phrase. It has been up to the courts to clarify what is and is not "reasonable". In the case, Gardner V Morris, the court said a "reasonable accommodation" should not be oppressive to the employer. The numbers of the employees in the company, the nature and cost of the particular accommodation, and the nature and size of the employers business all are taken into account. The details of what the law means is a subject of continual refinement and clarification in the courts.

CONCLUSION

Laws have further enabled the use of technology by disabled persons in many ways. As the enablements become greater and as technology progresses, we may see yet more laws and regulations. The legal commitment to establish and maintain equal access to computers and other technology has helped smooth the way into this exiting new world for many handicapped people. They perceive it as a "helping hand". For businesses and institutions who have sometimes been compelled to make adaptations they wanted to avoid, this legislation can be seen as an extra burden.

Happily, many of these facilities have found these adaptations to be beneficial. Often, the changes have served to make all workers more productive. Increasing access for the handicapped has often made the technology more accessible to everyone. Further, disabled workers usually turn out to be grateful and faithful employees, and the opportunity to enhance the lives of such people makes the providers feel that they are doing something worthwhile while still meeting their own needs.

In brief, adaptive technology has enabled disabled persons for many years, in an array of ways. Law both quantifies and also stipulates the use of technology by disabled persons. It is obvious that an array of thoughtful laws and judicial decisions have made this technology available in an increasing quantity. Knowing this legislation will assist you to work within the law and also assist you in liberating the lives of future employees and students.

For further information, either send email to me or contact EDUCOM's Project EASI, (see article elsewhere in this issue).