Debra Ruh, CEO of Ruh Global Communications, Founder of TecAccess
I am often asked in my global travels, – “Why does the United States litigate so much?Why do you always sue each other?”Or I get comments that start like this: “You Americans..” That always make me smile and cringe because I figure the person is going to take a shot at my country. I am proud to be an American, but I also believe that the United States can learn a lot from other countries on many subjects, especially on Disability Inclusion, ICT Accessibility and Accessibility of the Built Environment.So why does the United States litigate so much?
Recently, an accessibility expert from Sweden asked me a question during #AXSChat, a tweet-chat held each Tuesday at 3pm on Twitter about #Disability Inclusion and Accessibility.She said, “Debra, do you think the United States would have made as much progress without litigation?”I have been asked that question many times in my travels.
I answered, “Unfortunately, I do not think we would have had the same progress.Our reality is that in the US we create legislation and then pound out our laws by litigating with each other.Then we refer to the legal cases to determine the best way to follow and strengthen our laws.”
Neil Milliken, Head of Accessibility and Digital Inclusion at Atos and co-founder of #AXSChat, sees litigation for accessibility as a possible solution elsewhere.
Neil Milliken
“In the UK disability legislation has since 2010 been part of the broader Equality Act (EQA2010). Whilst there have been a few cases they have predominantly focused on services and employment the law places a duty on organizations and people not to discriminate and to be proactive in doing so.
Although I am not a fan of the sometimes parasitic model of litigation that we see outlined by Debra in the US, I do feel that accessibility in the UK could benefit from a test case much like some of the early class action cases in the US so that case law can help define and refine the understanding of Digital Accessibility and companies can meet what are currently poorly understood and often ignored legal obligations.”
Although the process took many years to achieve, I will never forget the brave leaders who fought for our rights for so long. Staging protests, rallying, speaking to the press, and organizing events all strongly affected the eventual passage of the ADA. One protest stands out to me. It became known as “the Capital Crawl”. Over 1,000 disability rights activists and protesters left their wheelchairs and mobility devices and crawled up the 83 steps of our Capital Building, simply asking for the same rights and equality any other American had.
These amazing leaders fought for the Civil Rights for Persons with Disabilities. As a result, the
Image Credit. Capital Crawl – American with Disabilities Act of 1990, ADA supporters crawling up the steps of the U.S. Capital building on March 12, 1900
American’s with Disabilities Act (ADA) was signed into law by President George Bush on July 26th, 1990. Our family applauded these leaders knowing that they were fighting for all of our rights, including those of our daughter, Sara Ruh who was born in 1987 with Down syndrome.
Would the United States have made as much progress without laws like the ADA or Rehabilitation Act of 1973, Section 508, 504 and 503?I do not believe we would have made the progress.I also believe that these leaders efforts encouraged other countries to fight and to continue to fight for their rights.Now we have the United Nations Convention for the Rights of Persons with Disabilities. (CRPD).I am hopeful the United States will ratify that convention in 2016.
Could we have made as much progress without these laws and litigation?I do not think we would have.Why?Organizations mean well, -but they have many competing interests.For clarification, -I use the word “organizations” as a placeholder for corporations, nonprofits, universities, local, state and federal agencies.
President George Bush signs the ADA into Law on July 26, 1990 – Surrounding him on the South Lawn of the White House are (left to right, sitting) Evan Kemp, Chairman of the Equal Employment Opportunity Commission, and Justin Dart, Chairman of the President’s Committee on Employment of People with Disabilities; (let to right, standing) Rev. Harold Wilke and Swift Parrino, Chairperson, National Council on Disability. Image from the George H.W. Bush Presidential Library. Photo Credit linked in Image.
Most organizations create an annual strategic plan and update it throughout the year.The organization has to determine their strategic focus by considering many moving parts including changing laws, standards, industry changes, business climate, and risks.
Inclusion of individuals with disabilities has become more of a risk in the last few years.A few years ago a colleague mentioned a conversation with a General Counsel of a Fortune 100 firm.The General Counsel and Chief Compliance Officer noted that he had accessibility on his risk list for many years but it was way down on his list – maybe on the 15th page of things he was worried about. He noted that recently it has moved up to about page 3.Still not the top three things that kept him up at night, but it had moved up significantly on the things that were adding risk to the firm.What is keeping him up at night? These organizations have a lot of risk to worry about- such as privacy, security, globalization, branding, changing technology, and many other items.
For years, the United States has seen ADA complaints and lawsuits about disability discrimination and inaccessible websites.Most of this litigation is settled out of court.The most famous case was the complain against www.Target.com that turned into a class action lawsuit and was eventually settled out of court.It is interesting to note that www.Target.com is now one of the most accessible websites.
A Handicap Symbol with Target Logo within the wheelchair. Image Credits.
There is a troubling trend happening in the United States with a significant uptick in legal complaints and filings.Recently a law office sent a letter out to many major online retailers threatening them with lawsuits because their websites were not compliant or accessible.The letter told the retailers not to reach out to accessibility consultants.Instead, they were told to contact the law office and they would arrange to get them accessibility help with their websites.
A growing group of lawyers seems to realize that they can make a lot of money filing complaints against businesses. Image Credits – Laptop Image created by Emily Ha
Most of these attorneys are conscientious and want to assure that the websites are accessible to individuals with disabilities. However, a growing group of lawyers seems to realize that they can make a lot of money filing complaints against businesses and universities.Why?Well, most websites are still inaccessible to persons with disabilities.They understand that inaccessible websites can be a gold mine if lawsuits are won or settled on the behalf of the plaintiff.
Lady Justice with money tipping the scale.
Some lawyers actually do not care if the website is ever made accessible.They work with clients with disabilities and go to different websites and see if they are accessible.If they are not accessible, the lawyer files a case and hires an accessibility subject matter expert to validate that the site is not accessible.Then the organization being litigated against agree to pay a settlement.The attorney takes the lion share and then pays out the plaintiff.Those law firms keep accessibility experts on retainers and some are getting a large lump sum for each case. Generally, these cases do not go to trial.The problem is that the websites are not made accessible so individuals with disabilities lose.
This also happens with ADA complaints against small businesses because the business was not physically accessible.I understand the ADA is over 25 years old and it is past time that the Built Environment and Internet, Communications and Technology should be accessible.My complaint is directed to lawyers who make money via litigation but there are no expectations of access.
“ADA Requirements” on a laptop’s screen. Image Credits. Laptop ADA Image created by Emily Ha
Universities are also being targeted because of inaccessible websites, student portals, eLearning and other accessibility issues with their ICT.Individuals with disabilities are attending and graduating from universities in record numbers in the United States.It is critical that all students have full access to every aspect of the educational process.
Dr. Christopher Lee
“It’s true that U.S. higher education institutions face liability for inaccessible web content and technologies much like they did in the 1990s with inaccessible buildings. In fact, at last count, we’ve had over 27 higher education accessibility lawsuits, complaints, and settlements in recent times. However, there is very limited advocacy coming from people with disabilities compared to the ‘Capital Crawl’ movement. The driving force for change has been the National Federation of the Blind and the U.S. Department of Labor and their federal agency counterparts.
What can Universities do to protect themselves from legal complaints while still meeting the needs of the students with disabilities? The first and primary step is to develop and implement an information and communication technology (ICT) accessibility institutional policy and procedure.
There are several resources and good examples to draw upon. One helpful resource is the summary web page that has been published by The University of Washington. What we’ve seen is that ensuring compliance, securing the resources and maintaining procedures as technology shifts are usually the primary challenges institutions face.” -Dr. Christopher Lee, Department Head of AMAC Accessibility Solutions and Research Center
Some lawyers are adding a lot of value to these conversations.One of the best recognized attorneys in my opinion is Lainey Feingold.Lainey has become a champion to many in the community of persons with disabilities.
I visited her website, and gathered this information.
Lainey Feingold is a disability rights lawyer who works primarily with the blind and visually impaired community on technology and information access issues. She is nationally recognized for negotiating landmark accessibility agreements and for pioneering the collaborative advocacy and dispute resolution method known as Structured Negotiations.
Structured Negotiation is a collaborative and solution-driven dispute resolution method conducted without litigation. The goal is to help the organization become accessible so that the community of persons with disabilities and many other parts of the population, including aging citizens and non-native speakers, can have access to the content of your website with no ulterior motive.
Structured Negotiation appears to be a win win for everyone because the goal is to reduce the digital divide and provide access to everyone.
What do you think?Are we moving equal rights to technology, employment, transportation, housing and other parts of society forward by litigating in the US?
Join Neil Milliken, Antonio Santos and me on our weekly Twitter Chat. Just search the hashtag #AXSChat at 3pmEST and join the conversation. We chat about disability inclusion, empowerment, employability and accessibility.
Growing up with spinal muscular atrophy, a genetic neuromuscular disease that affects all muscles of the body, can bring social challenges for anyone. For Alice Wong, the challenges made her angry. Rather than the anger becoming a negative impact on her adult life, she has been able to utilize it to fight for her rights and those of others with disabilities.
Alice Wong
As she wrote in her essay Hey, Angry Girl, Alice faced a lot of attitudinal barriers while she was growing up in Indianapolis, Indiana. Besides the usual stares and naïve questions from people, she also faced barriers in her education. For instance, to complete her second year drama class, one of the requirements was to do a skit that required physical action. The professor insisted it had to be done standing up, which Alice couldn’t do. So she had to forego it.
Attending the University of California, Alice discovered ways to break down barriers that she had encountered during her youth and still was facing. Works of disability activists and researchers such as Paul Longmore, Irving Zola, Erving Goffman, and others inspired Alice to express her ideas and voice her frustration through writing and research. Her writings have helped people with disabilities to live as independent as possible.
Direct Course Online
For instance, Alice is the Staff Research Associate for the Community Policy Living Center at the University of California where she authors curricula for the College of Personal Assistance and Caregiving and producing reports on Olmstead-related legislation and lawsuits. In fact, Alice is the co-author of several online courses on personal assistance care, which can be found at Direct Course Online. She’s also the founder of the Facebook group “Self-Directed Care Discussion Group”, where members can voice their concerns and ask questions about personal assistance issues.
National Council on Disability Image from: https://www.facebook.com/NCDgov/
Besides personal care assistance, Alice also has motivated other persons with disabilities to make their voices heard. She has launched the Disability Visibility Project, a blog-like platform so persons with disabilities can write about their challenges and successes. These stories make our voices heard, act as a historical resource, and illustrate their diversity. As with the Facebook personal assistance group, she also utilizes Twitter to encourage them to discuss issues that concerns the disability community. Hopefully, agency or government officials notice these discussions and act upon what needs to be done to ensure our basic rights as humans.
President Obama Appoints Alice Wong to National Council on Disability. Image from: www.ucsf.edu
Alice also promotes social media accessibility as a council member of the National Council of Disability (NCD). In 2014, she co-moderated a series of online dialogues to discuss how social media platforms can become more accessible, such as users adding text alternatives to images and including correct captions for videos. “{O}ne of my advocacy efforts is through community-building efforts on social media such as Facebook and Twitter,” Alice says. “I’ve come across some amazing people with disabilities all over the world and we share our experiences that seem to be universal.”
As an avid advocate for persons with disabilities, Alice offers three bits of advice. First, don’t consider yourself the problem. Society creates most of the barriers that you need to overcome. Second, reach out to other persons with disabilities who have experienced similar situations that you do for guidance and mentoring. Third, share your struggles and successes with others who may need help.
Alice turned her anger as a little girl into something positive as a woman—her passion and desire to help others with disabilities.
Con una cadenita de la princesa Elsa colgando de su cuello, Sara Ruh, voz oficial de Ruh Global Communications, asocia mi nombre con la princesa de Disney. Su sonrisa por la relación es evidente, tanto así que su madre se ve motivada a indicar que es su personaje favorito de Frozen, la película infantil que ha logrado captar la atención de miles de niños alrededor del mundo, y que a propósito, me hizo entrar en sintonía con ella.
La princesa es el ejemplo animado de Sara. Elsa se caracteriza por ser una princesa serena, majestuosa y reservada, sin embargo, vive presa del miedo por un secreto que guarda desde que nació: posee el poder de crear hielo y nieve. Es una habilidad muy bella, pero también peligrosa.
Y es lo que probablemente le ocurra a Sara, una joven de 28 años quien se ha visto motivada a cumplir grandes sueños como: representar mundialmente a las personas con síndrome de Down y discapacidades físicas y cognitivas. Desde temprana edad surgió el interés por mostrar el lado amable de un síndrome o discapacidad, y efectivamente como le pasa a la princesa de Disney; si no actúa con su poder de inclusión social, puede tornarse indeseada en lo referente a no cumplir sus propósitos por un mundo más incluyente.
“Urge recobrar un espíritu contemplativo, que nos permita redescubrir cada día que somos depositarios de un bien que humaniza, que ayuda a llevar una vida nueva. No hay nada mejor para transmitir a los demás”, dice el Papa Francisco.
Egipto, Canadá, Alemania, Estados Unidos y Colombia son algunos de los países por los cuales ha atravesado la voz oficial de Ruh Global Communications, para transmitir el mensaje incluyente.
Debido a su síndrome de Down, Sara en algunas ocasiones no logra expresar sus ideas a cabalidad, por lo cual, cuenta con una aliada estratégica en su vida: Debra Ruh, su madre, quien además de ser su compañera fiel de viajes es también veladora de los estatutos gubernamentales que favorecen a las personas con algún tipo de discapacidad cognitiva o física.
Es apasionada por los medios de comunicación entre los cuales están: Twitter, Linked-In, Facebook, Pinterest, Tumblr, entre otros, los cuales le permiten vociferar el mensaje de inclusión al mundo.
Cambiar la cultura de voces silenciosas
Barranquilla se unió a la difusión mundial que hace Ruh Global Communications para promover la inclusión a nivel tecnológico, educativo y empresarial. Para ello, la Universidad del Norte sirvió como escenario promotor de esta labor con el evento: Diálogos de Desarrollo – “Inclusión social, empleo y accesibilidad TIC para personas con discapacidad”, permitiendo entrelazar las voces de personas en la conferencia en la que tanto invitados especiales (Sara y Debra Ruh) como público compartieron concepciones, opiniones y preguntas.
Este tipo de eventos es importante que se trabajen fuertemente en la ciudad, en vista de que, más que modificaciones arquitectónicas para las personas con discapacidades, debe haber un cambio en la mentalidad que permita una sociedad incluyente; teniendo en cuenta que: eliminar barreras mentales es más difícil que quitar escaleras.
“Ella es linda, hace mi vida más bonita”, Debra Ruh
La familia Ruh considera la presencia de Dios como la base sólida que permite ejecutar su trabajo. Debra nunca ha considerado el síndrome de su hija como un problema en su vida, sino como la posibilidad de generar cambio en la sociedad excluyente.
En un principio la posibilidad de sacar a flote el proyecto de cambiar la mentalidad mundial frente a la exclusión era un reto bastante fuerte, tanto así que, el resultado tardaba por verse; falta de recursos económicos, solidificar la organización, entre otros aspectos, intentaban derrocar la idea de cambio; sin embargo, la fe, entrega a Dios y el arduo trabajo, hizo que la familia Ruh desarrollara el proyecto que ha cambiado la calidad de vida de muchas personas alrededor del mundo.
Todo empezó con un sueño…
Un sueño que toda la gente no importando su nivel de habilidad puede disfrutar:
Ir a la escuela, trabajar y socializarse es el contexto en el que se desarrolla la humanidad, y por el cual Ruh Global Communications lucha día tras día.
Photo by Josefina Villarreal “Debra Ruh with her daughter Sara & Maria Medina, representative of Eleven of Spain Foundation.”
Last Sunday an Australian model with down syndrome conquered the catwalks of Fashion Week in New York. This 18 year old wants to change the image of the disabled in the beauty sector codes as marked as that of fashion. Likewise, there are other examples of people who have a disability and who have managed to realize their dreams as anyone. In this context, the University of North today makes the eighth edition of ‘Development Dialogues’, a conference where experts will discuss social inclusion, employment and accessibility for people with disabilities.
To this will be present, the US consultancy Debra Ruh and her daughter who suffers from Down syndrome, Sarah Ruh, which together have traveled the world defending the rights of people with physical and cognitive disabilities. “The event is to show that it is possible for people with disabilities to work, this is what makes them part of society,” he said Debra Ruh. Another issue to be discussed at the conference is accessibility, which according to Maria Medina, Ilunion Eleven representative of Spain Foundation, is a right of every human being to access any setting or service. “It’s important to have accessibility in the city, at universities, it is necessary for anyone to move autonomously condition,” he added.
For experts on the subject, aim of this conference is that families and businesses remove the barrier to see that people with disabilities can labor as a human being. The event begins today at 4:30 pm and will be in the auditorium of the Uninorte.
I just landed my dream job of doing social media marketing. A few reasons why this line of work have lured me. My dad was a public relations guy. He used to market politicians and local celebrities by writing to newspapers and organizing events for them. I acquainted clout and glamour to that.
I also had dreamed of becoming an advertising executive. I would use my creative writing juices to develop media ads that would grab the public’s attention and hearts. I figured this would be the most lucrative path to utilize my writing skills.
My career took a different road, however. Since the computer had become my bridge to the rest of the world, I discovered the field of electronic and information technology (E&IT) accessibility; how I could help other persons with disabilities and myself access the Internet, web applications, and software more effectively. My keen sense of observation has contributed to my success as an E&IT Accessibility Analyst.
Yet, examining webpages and software screens for issues does not involve creativity or interactions with the public. While I still wanted to help other persons with disabilities, I wanted to do it on a social and cultural level, not on a technical one. Someone “up there” must have heard my desire and dropped a position in my lap as a Marketing Strategist for Ruh Global Communications, a company who helps persons with disabilities become more recognized in society.
Now I can help persons with disabilities make their voices heard loudly. I can proclaim their accomplishments and vent their complaints through social and media networks. By broadcasting their ideas and principles, I, along with the rest of the Ruh Global team, is making the rest of the world more aware of what we can do and what we face. With social media marketing, we can help change government regulations, business policies, and public views much more rapidly and effectively than we were able to twenty-five years ago when the Americans with Disabilities Act (ADA) was ratified.
For instance, if a person with cerebral palsy was barred from a restaurant because someone else had to feed him, the incident may have received little media coverage a quarter of a century ago. Today if that person tweets and Facebook post his story, it would go viral. People would retweet it and share it on other social networks. News outlets would spot it and do reports on the discrimination incident. Consequently, the restaurant would feel the pressure from the public, apologize to the patron with the disability, and change its policy.
On a personal level, doing social media marketing allows me to learn constantly about new assistive technologies, programs, policies, and stories about other persons with disabilities. Because I don’t get out much due to transportation issues, my involvement with social media allows me to interact with the rest of the world, meeting new people and keeping in contact with individuals I already know. Other persons who can’t venture out of their homes much due to a disability take advantage for the same reasons.
Thanks to social media, persons with disabilities have a giant outlet to express themselves to become heard and get action. Thanks to social media marketing and Ruh Global Communications, I am helping them connect to businesses and governments to build a more accessible, open-minded world.
Several years ago I asked my mom’s gynecologist if she could give me a routine pelvic examination. She said she would have to put me under anesthesia to perform the exam because my cerebral palsy would not allow my body to hold still. Although her reply was cordial, it made me feel demeaned, as if I was a second-class citizen. Couldn’t she have her medical assistant hold my legs while she examined me? In fact, that would have been a reasonable accommodation under the Americans with Disabilities Act (ADA).
This is the kind of treatment that women with disabilities usually face regarding their health care. According to the Center for Research on Women with Disabilities (CROWD), we have more difficulty obtaining health care than non-disabled women. The National Study of Women with Physical Disabilities supports this, stating that we are less likely to have pelvic exams than women without disabilities.
Besides attitudinal barriers, we also face physical obstacles in doctors’ offices and hospitals. For example, when I get a mammogram, I have to become a contortionist. I have to put one arm upright leaning against the mammography unit, hang on to the bar with the other hand, and rest my uplifted chin against the front of the machine. Include the fact that my body has difficulty keeping still and this almost pain-free routine exam becomes a very uncomfortable feat. Not only am I nervous about the mammogram results, I’m also afraid that I’ll bump my face against the machine. My incidents are not unique. Cases exist where women with disabilities were duct taped to mammography machines. Besides the discomfort, an inaccessible mammography machine may cause unreadable x-ray images, for the patient may move and cause one or both breasts not to be x-rayed correctly. Consequently, potential tumors may be overlooked.
Struggles that women with disabilities face regarding healthcare stems from several reasons. (These reasons also can pertain to men with disabilities.) First, many medical professionals are ignorant of who we really are. Some think we must be asexual. Because we cannot walk or we have muscle spasms, they assume we also cannot use our bodies to love others or procreate. So they think our intimate organs do not need preventative or medical care. Some doctors suggest hysterectomies to eliminate the hassle of menstrual cycles, assuming we don’t have the desire to become mothers. If we get breast cancer, we may not be offered reconstructive surgery because many doctors don’t see us as having female bodies but as having disabled ones.
Lack of training also contributes to health care issues for us. Take the GYN incident above. If the doctor knew how to give an exam to a woman with cerebral palsy, she wouldn’t have suggested the anesthesia or refused medical care. Medical professionals should know how to gently stretch a woman’s legs if they are spastic or place a woman with spinal conditions in comfortable positions during an exam. These techniques should be taught in medical school. The patient also could inform the medical professional about ways to make her feel comfortable and relaxed as possible while she is being examined.
Financial issues and logistics are other obstacles that women with disabilities have to overcome to receive proper healthcare. Many women with disabilities are on Medicaid and Medicare, which deters physicians from accepting their cases. CROWD reports that even if women with disabilities have private insurance, many insurance companies may not pay for specific prescriptions, procedures, therapies, or assistive devices. As an example, insurance may not pay for estrogen therapy because it is not considered a medical necessity.
Although Title II and Title III of the ADA require medical facilities to have accessible medical equipment, many still are not complying. It is like a double-edged sword. Hospitals and doctors may not invest in such equipment because patients with disabilities are few, while we don’t go to these facilities because they lack accommodations. An accessible gynecological exam table, for instance, that can be lowered for easy wheelchair transfers costs between $4,000 and $10,000. While this is expensive, it can be offset with tax incentives.
27 million women in this country and 16% of the world’s women have some kind of disability. As populations become older and live longer, many other women will develop debilitating conditions. Medical facilities and professionals need to realize women with disabilities are not in the minority. More importantly, they must know that we are needed as daughters, sisters, friends, wives, mothers, and productive members of society. So proper healthcare is vital to help us continue fulfilling these roles.
Yet, the responsibility of obtaining health care also lies with us. We should tell doctors, medical assistants, and nurses how they could assist us in receiving the best care possible. If they refuse to comply, then we should seek legal or other public action to ensure that all women with disabilities get the care that they deserve.
Debra Ruh, CEO of Ruh Global Communications, newest addition to the Huff Post Blog
Ruh Global is excited to announce that Debra Ruh is the newest addition to the Huffington Post’s Blog Team. In her first blog, How Much Should We Value a Person With Disabilities? A Tribute to Jean Dewar,Debra introduces her daughter, Sara Ruh and Jean Dewar, a woman born with a disability at the turn of the century. It was a time where wide-spread use of sign language was very limited and when those with disabilities were treated quite differently. Debra Ruh addresses the similar opposing factors that Sara and Jean have faced, being women with disabilities. Ruh does so, while providing insight on the injustice that people with disabilities were challenged with.
The 25th Anniversary of the ADA Series: Disability Inclusion in the Workforce – Training & Finding Champions
Training will save an organization a lot of time and effort as well as reduce risks. Disability inclusion should be integrated into all corporate training, writes Debra Ruh.
– To see the full article by Debra Ruh, visit G3ict
25th Anniversary of the ADA Series: Marketing to Persons with Disabilities is a Business Advantage
Making it possible for stakeholders with disabilities and age-related limitations to access your goods and services is not only an important part of complying with federal – as well as international — accessibility standards but also a strategic aspect of any organizational management plan.
Market opportunities have grown tremendously in the 25 years of the Americans with Disabilities Act. This is no longer a potential marketplace, but an exponential one.
– To see the full article by Debra Ruh, visit G3ict
