According to a lawsuit filed last Friday  in San Francisco Superior Court, the state of California has failed to adequately accommodate hearing-impaired state employees in the course of emergency evacuations. The plaintiffs' lawyer cited an investigation that revealed a "systemic breakdown" in the system that allegedly also leaves deaf works without sign language interpreters for meetings.

The lawsuit names the Department of Rehabilitation, Department of Justice, California Public Employees Retirement System, and Department of Social Services. It is currently seeking class action status and includes seven named plaintiffs at the moment – including one woman who works at the Office for Deaf Access in the Department of Social Services. The suit alleges violations of the Americans with Disabilities Act  and the Rehabilitation Act of 1973. The standard of the ADA is for an employer to provide "reasonable accommodations" for employees with disabilities unless such would be an "undue hardship."

Though the suit concedes that the state recognizes "on paper" the need for accommodations like sign language interpreters, the plaintiffs claim that the problem is the lack of reliable systems in place for ensuring that deaf employees have access to these means of effective communication. One plaintiff has stated  that her requests for interpreters have been ignored or denied, and she is forced to rely on lip-reading or passing notes in the workplace to communicate.

A notable example is the allegation of inadequate emergency procedures, following reports of employees being left behind during evacuation drills as well as actual emergencies.

Governor Arnold Schwarzeneggar is a defendant in the case, and has released a statement emphasizing the state's commitment to accommodating disabled employees. If this is the case, then the outcome of this lawsuit aside, it could at least serve to draw attention to any flaws that exist in the system so that they can be improved upon.