Americans with Disabilities Act
Americans with Disabilities Act (ADA)
Access to the Courts:
Accommodating "Hidden" Disabilities
How does your court identify and accommodate employees, defendants, attorneys, witnesses or jurors with “hidden” disabilities? The ADA also protects individuals with non-apparent disabilities such as such as a hearing impairment, cardiac condition, learning disability, cancer, diabetes, kidney disease, or psychiatric or seizure disorders. Do your customer service methods help them feel more comfortable about asking for assistance? Have you posted a notice that accommodations will be provided for individuals with disabilities? (Contact the Access to Justice Program if you don’t have one.)
Suggestions for identifying and interacting with individuals with disabilities include:
- Be calm, friendly and patient (works with everyone), without being condescending.
- To avoid triggering an unwanted reaction, use non-threatening tones of voice and actions.
- If you don't understand something, ask the person how you may communicate more effectively or what they might need.
- Consider moving to a quiet or more private location to eliminate distractions.
- Be aware that a "yes" response may be inappropriately given out of fear or an attempt to please.
- If a person has an epileptic seizure, remove objects in the area that may injure the person (such as tables and chairs), but do not restrain the person, put something between their teeth, or give them anything to drink. If the person is unconscious after the seizure, turn them on their side with their face down. There's no need to call for medical attention unless the person was injured or the seizure lasts more than 15 minutes. They may not remember what happened and may need time to reorient.
- Make sure there is seating available in the halls for individuals unable to stand long periods.
- Allow people who cannot sit for long periods of time to stand or move around during proceedings, or give brief breaks.
In an article by Amanda Murer in the July/August 2002 issue of Correctional News about a survey done by the National Center for State Courts, courts are utilizing the following accommodations:
- Modifying court schedules (for sleep apnea or chronic fatigue)
- Providing refrigeration for people to store medicine
- Allowing more frequent breaks or storing candy in the court (for diabetes)
- Modifying lighting (lighting/chemical sensitivities)
- Requesting people not wear perfume or aftershave (severe allergies)
- Limiting time on the stand (ADD & ADHD)
Is Your Court Accessible?
Fifty-four million Americans have a disability and may encounter barriers when they need to participate in the legal system. The Center for Legal & Court Technology and the American Foundation for the Blind Consulting Group have created the Accessible Courts Initiative to eliminate barriers preventing persons with disabilities from fully participating in our legal system. The attached document, Is Your Court Fully Accessible?, is a product of their program.
Additional Resources