Stuttering and Disability Discrimination
by Michael Sugarman
Looking at stuttering through the lenses of disability or disability rights does not mean PWS have to feel ashamed dis-ABLED. Rather recognizes a social construct that discrimination against people who stutter does exist. If you have felt passed up for employment or promotion or demoted or denied access or treated unfairly or ridiculed because you stutter. It is wrong.
Our stuttering does not devalue us-it calls out those around us who see us, not for who we are or what we can do - by having a disability bestows certain legal protection and rights that are not available to others. We can still have pride and self respect - a disability rights perspective recognizes the importance of addressing stigma and discrimination. Rehab. Act 504 was the basis for American Disability Act (ADA).
In the late 70's as E.D. for NSA a number of issues arose such as:
- 1978 Dr. Rai at Southern University of New Orleans was a biology teacher and filed suit he was wrongfully demoted. He contacted us. Mark Green was an attorney on the board of Directors. And suggested that Dr. Rai's attorney ask each student whether Dr. Rai stutter interfered with learning. US District Judge Fred Heebe ruled in favor of Dr. Rai. Compensatory damages were $7500. He returned to teaching.
- NSA drafted a letter to California Youth Authority to have each child who stuttered to be assessed and treated - Under PL 94 142 later known as Individuals with Disabilities Act. A number of parents contacted NSA to obtain speech therapy services in public schools. In turn that led NSA to take a role in ASHA to create a specialization in stuttering for SLP's. Specialization in stuttering by SLP's became a reality 1995.
- 1981 Rehab. Act 504 was not fully implemented. 8 of the 52 NSA peer support groups and parents and handful of SLP's took to writing letters to Congress. Those actions by the stuttering community secured Individuals with Disabilities Education Act to provide speech therapy services and Individualized Education Program for children who stuttered. And American with Disabilities Act Amendments Act, so we cannot be judged based on our stuttering.
Returned as E.D. for NSA in '95 - '97. We wrote a brochure Stuttering, Employment Discrimination and ADA. A number of parents and people who stuttered contacted NSA for legal resources. A few PWS reported they settled disputes with No court action. And parents reported secured speech therapy services for their children. You can find information on American Disabilities Act and Stuttering and Individualized Education Program on Stuttering Foundation of America website. In 2010 a American Disabilities Act Amendments Act case Hartman v. National Board of Medical Examiners - U.S. District judge recognized severe stuttering qualifies as a disability under the ADA entitling reasonable accommodation. (Stuttering & the Law-Stuttering Employment Resource website). And UCLA Law school will be publishing Disability Law Journal 2019. Discrimination cases are difficult to prove-today PWS and parents have legal resources by contacting legal disability rights organization to have your voice heard.
