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What is a Deaf Person? Legal Definitions and Rights Explained
Definition & Meaning
The term "deaf person" refers to an individual who has a significant hearing impairment, which may be present at birth or acquired later in life. Deafness can range from partial to total inability to hear sounds. A person is typically considered hard of hearing if they cannot detect sounds at an amplitude of 20 decibels within the frequency range of 800 to 1,800 vibrations per second. The normal hearing range for humans extends from 20 to 20,000 vibrations per second.
Table of content
Legal Use & context
The term "deaf person" is significant in various legal contexts, particularly in civil rights and disability law. Key areas include:
Employment discrimination laws, which protect deaf individuals from being treated unfairly in the workplace.
Access to public services, where laws like the Americans with Disabilities Act (ADA) ensure equal access to facilities and programs.
Legal proceedings, where accommodations must be provided to ensure effective communication.
Users can manage related legal forms and procedures through resources like US Legal Forms, which offers templates designed by attorneys.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A deaf individual applies for a job and is qualified for the position. If they are not hired due to their hearing impairment, this may constitute discrimination under employment laws.
Example 2: A deaf person attends a court hearing and requests a sign language interpreter. The court is required to provide this service to ensure effective communication (hypothetical example).
Relevant laws & statutes
Key legislation includes:
Americans with Disabilities Act (ADA): Prohibits discrimination against individuals with disabilities, including deaf persons.
Individuals with Disabilities Education Act (IDEA): Ensures that children with disabilities, including hearing impairments, receive appropriate educational services.
State-by-state differences
Examples of state differences (not exhaustive):
State
Specific Laws/Protections
California
Strong protections under the California Fair Employment and Housing Act.
New York
State laws provide additional protections for deaf individuals in public accommodations.
Texas
State law requires certain accommodations in educational settings for deaf students.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Hard of Hearing
Individuals with partial hearing loss.
Deaf persons typically cannot hear sounds at certain decibels; hard of hearing individuals may still hear some sounds.
Hearing Impairment
A broad term that includes all levels of hearing loss.
Deafness is a specific type of hearing impairment, often indicating more severe loss.
Common misunderstandings
What to do if this term applies to you
If you identify as a deaf person or are involved with someone who is, consider the following steps:
Understand your rights under the ADA and other relevant laws.
Request necessary accommodations in the workplace or public settings.
Explore legal forms and resources available through US Legal Forms to assist with any legal matters related to discrimination or access.
If issues arise, consider seeking assistance from a legal professional who specializes in disability rights.
Find the legal form that fits your case
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