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Disability

Hold that door….! Opportunities to Improve Accessibility are Closer Than You Think

half open service elevator door

Have you ever thought about how long an elevator’s doors ought to stay open? I have thought about this several times over the past few years and just wrote a long overdue email to property management in my condo.

Beyond the uncluttered views of this lakeside condo, I chose to move here for single-floor living and easy-to-access amenities (if visiting, you can pick up dinner, wine, and chocolate right downstairs!) because I was afraid of how multiple sclerosis (MS) might rear its head. Having had four attacks in as many years, the last one inviting me to walk with a 15-year old baby-stroller for support (the stroller came with cargo space and I was happier to look liked I’d misplaced a child more than that I needed a walker 🤔), I had definitely noticed that the elevator doors closed very quickly but never thought to do anything about it.

That was until I came to know a fellow resident who experiences MS more severely than I do. My friend – let’s call her Jean, rolls in a wheelchair or scooter. Several months ago, we chatted about the challenge she faced because of the quick-closing elevator doors. I decided that I would write to our board to request they be slowed down. Since then, I have noted many times when I would have benefitted from extra time.  Any time I have heavy shopping bags, or new planters for the patio that I have to set down while I’m waiting for the elevator, I need more time to be able to pick them up and get to the available car. I have also spoken with a few residents who agreed that it would be helpful.

Today, I decided to start investigating what we are dealing with and what, if anything is legislated.

First, I timed the door:
a) 2.4 seconds to open
b) 2.5 seconds fully open
c) 2.8 seconds to close

Then, I measured the distance from the elevator call button in my hallway to the furthest elevator. Over 12 feet (3.66 m).

Have a look at just how quick it is…

I started to investigate regulations that should inform what we do. I keep hearing about accessibility legislation so didn’t think it would be very difficult.

Not so fast.

Yes, we have the UN Convention on the Rights of Persons with Disabilities, established in 2006 and as of today, adopted by 183 nations, one of which is Canada.

But what do we have in my country of Canada, my province of Ontario, and my city of Toronto to help guide us? After all, jurisdiction matters if you want to look to legislation as a lever. From a building code perspective, the provinces determine what we must do for safety but touch lightly on accessibility. One recent change, for example, is that sensors must not only detect what is between the doors, they must detect an approaching object. I could find no mention of door opening time. The Accessibility for Ontarians with Disabilities Act is slowly building standards to which organizations with over 50 people must adhere. Accessibility, it seems, is left to the cities to guide and these guidelines vary. In a condo, you are at the mercy of the condo board.

Here’s some of what I found:

The U.S. Americans with Disabilities Act standards of 2010 state that elevator doors must be open for a minimum of 5 seconds. It offers a formula to augment that duration based on the distance one would need to travel to reach the door after pressing a call button. In this case, 8 seconds would be warranted. Brock University and the City of London (Ontario) stipulate 8 seconds without regard to distance.

The City of Toronto’s 2021 Accessibility Design Guidelines have simpler guidance: “Have a minimum period of 5 seconds before the doors start to close if it is a hall call, and 3 seconds if it is a car call.” The hall call assumes that 2 seconds will enable you to cover whatever the distance is to the elevator. It also does not clarify if this is from the start of the doors opening or from the doors being fully open.

I’m curious to see what action will be taken. Torontonians are known for being impatient and often in a rush so I expect that there will be some resistance to making a shift. In fact, the city worker I spoke to suggested the sensors should take care of it because they would sense a body or wheelchair in the way of the doors. So not good enough! Why should someone have to sense doors closing on them as a matter of course?

Many changes have been made to improve accessibility that benefit far more than folks in wheelchairs. Take the curb cuts I talked about with Peter Shankman in episode 19 of the Happy Space Podcast, for example.

I invite you to notice what is inaccessible in your world and consider what small steps you might take to open the world up a little for those who face barriers.

I’ll keep you posted on what the board says by updating this post when I have an answer and also by sharing it in my monthly missive, “the museletter”. Sign up here to stay in the know.

In the meantime, go be an ally. We will all benefit.

 

 

Filed Under: Advocate, Comfort, Design, Disability, Inclusivity, Movement, Productivity, Technology

How Can a Watermark Be a Human Rights Matter?

It seems like such a small thing, but a watermark did indeed become a human rights matter.

Allow me to explain. I’ll share the short version first and then the detailed journey which I realize some of you may perceive as “banging my head against a wall”. I am definitely tenacious. When I think something matters – especially to more than just me – I don’t give up. Unfortunately, I think much advocacy work can feel this way. I find committing to staying curious helps. Read on to find out what I have learned.

 

Quick overview:

• The reading material in a course I paid for contained intrusive watermarks throughout making it difficult for me to read. I’m a highly sensitive person with a low threshold for visual sensory input.
• Despite 19% of the class wanting the watermark removed, the course creator deemed it an “unreasonable accommodation”. The greater concern was the perceived business risk of intellectual property theft.
• Disability rights organizations in the home country of the course creator stated that the unwillingness to provide an accommodation, in this case, is discriminatory and a human rights matter. They deemed that access should be made available to those with sensory impairments. This was backed up by a US lawyer looking through the Americans with Disabilities Act (ADA).
• I share this story in hopes that leaders and creators will see that providing accommodations to those in need is more than a moral and business imperative; it is a legal requirement.

 

The details:

I signed up for an online course about a subject that as a highly sensitive person, I was very interested in. In fact, I anticipated finding such value in the learning that I had been sharing about it with my community and was keen to share it with the world in the book I am researching and writing.

The night before the course was to start, I accessed the reading material online and was stopped in my tracks.

As a productivity coach and professional organizer, I often coached my clients to recognize speed bumps – internal resistance that gets in the way – and roadblocks – external challenges which make it difficult to continue. I found myself face to face with a roadblock: eight lines of watermarks slashed each page. The watermarks included both the company name and my email address…which includes my name.

I mocked up a sample document to show you what the materials looked like. Please know that I would never dream of sharing a document that looks like this:

a page of text with several watermarks running diagonally throughout the page

I couldn’t read the pages. For me, it was like trying to have a conversation with two people speaking to me – at the same time. My brain shuts down. I stop being able to process information as my brain constantly shifts from one person to the other. I know that I’m not alone…

Image: screengrab from The Kelly Clarkson Show on Youtube

Have a listen to Ted Lasso actor Hannah Waddingham chat with Kelly Clarkson about how they both detest the “in-ear doo-da” – she is talking about earpieces that let you hear a producer while you are performing. You’ll find this part of their conversation at 8:47. The struggle is real.

Feeling: Frustrated 😣

 

Strategy One: Ask for help

“Help!” I titled the email I wrote to the course creator. “While l understand the need to protect intellectual property….it is far too visually distracting for me.”

The creator and a team member looked at the documents and acknowledged “yeah… it’s very busy”. I learned that course materials are stored in a “data room” (through Digify) which restricts access and tracks views as well as printed copies. Working with this tech solution, they were able to reduce the number of watermarks to one much larger image across the page that looked like this:

a page of text with a one large watermark running through it diagnally

Unfortunately, this still didn’t work for me.

I was told nothing more could be done and assured that my “learning, insights, and community gained will make up for it.” Hmmm. ⛽💡
Feeling: Invalidated. 😑

 

Strategy 2: Ask for a private conversation

I decided to ask for a meeting to discuss this challenge in the context of inclusivity around learning. I wanted to explore the conflicting goals of IP protection (which I understand as a patent and trademark owner myself), and visually sensitive people being able to comprehend subject matter in their learning modality of choice. I prefer visual information.
I offered suggestions to simply have the copyright information at the bottom of the document along with the student’s email address. (On their website, Digify suggests students will “think twice” before sharing documents if their email address is in the watermark. I take this to mean that shame is a deterrent.) Another idea was to gain explicit agreement from participants, in writing, to not share materials.

I looked at the protections provided and the possibility of workarounds*, and feel that some of the Digify services seem to be more of a hindrance to legitimate students than a deterrent to thieves. That is to say, to those determined to misappropriate information, they would be “speed bumps” and not “roadblocks”. I thought there had to be other equally effective ways to deter the sharing of this work.
Feeling: You don’t trust me. ☹

The creator said they would consider what to do.
Feeling: 🙄 Optimistic

The next day in class, each of two cohorts was polled to find out if participants were bothered by the watermark and if they would like something done about it. Results were shared.
81% of students did not find it a problem, however, 19% of students did.

Dr. Elaine Aron, who pioneered the research into the trait of high sensitivity in the mid-to-late 90s suggests that about 20% of people have the temperament. Based on this, the happy face in the Happy Space® Podcast logo is set at 19% tilt. Great, I thought. This will surely mean the watermark is changed.
Feeling: Buoyant 🙂

Nope. I was wrong. We were told that “the watermark does not bother the majority of participants and the majority don’t want us to change it.” Despite almost 1 in 5 wanting the watermark adjusted, they decided to keep it as is.

I was then offered a 50% refund if I chose to leave the course.
Feeling: Dismissed. 🤨 And stunned. 😮 And curious. 🤔
How is inclusivity about “the majority”?!

And still, optimistic. 🤞🏼

So, I stayed.

 

Strategy 3: Raise with the group

A few days later in class, we were speaking about personal needs with respect to sensitivity and I brought up my challenge in class along with noting the fact that I was not alone.
The next day, I was told that I must “drop the watermark issue or leave the course”. I was told that “Removing the watermark is not a reasonable accommodation and poses a business risk for us.”
Feeling: Dismayed. 😟

And still, I stayed.

 

Strategy 4: Get curious

I committed to staying curious. I had begun to research Diversity, Equity and Inclusion (DEI) in their country to understand the context within which they were operating. Perhaps awareness and action around inclusivity were lagging, I thought.

Disability rights groups pointed me to a White Paper published in their country which referred to the United Nations Convention on the Rights of Persons with Disabilities. I learned that my sensitivity to visual input can be considered a sensory impairment which is considered a disability. As such, I should therefore receive “reasonable accommodation”.

Here is the specific language:

Impairment is a perceived or actual feature in the person’s body or functioning that may result in limitation or loss of activity or restricted participation of the person in society with a consequential difference of physiological and/or psychological experience of life.

5 Impairments:
• Physical
• Sensory
• Intellectual
• Psychosocial (mental removed)
• Neurological impairments (added)

In their country, “Reasonable Accommodation refers to necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden”.

I searched the Ontario Human Rights Commission and found: “In the context of employment, the Supreme Court of Canada has described the goals and purposes of accommodation:
… the goal of accommodation is to ensure that an employee who is able to work can do so. In practice, this means that the employer must accommodate the employee in a way that, while not causing the employer undue hardship, will ensure that the employee can work. The purpose of the duty to accommodate is to ensure that persons who are otherwise fit to work are not unfairly excluded where working conditions can be adjusted without undue hardship.

So guidelines are similar in both of our countries.

I continued to ask questions in the next couple of classes. Unfortunately, this was perceived negatively and I was told to no longer participate in the live component of the class…with no option for discussion.
Feeling: Surprised and incensed. 😤

 

Strategy 6: Persist

This matter has wide-reaching implications. So, I kept digging.
To further understand if my request was indeed a reasonable accommodation, I reached out to labour and employment lawyer US lawyer Stuart Silverman who found it an interesting question.

Here are the comments he shared with me via email after analyzing the situation under the Americans with Disabilities Act (ADA):

1) what is described is a disability under the meaning of the law.
2) the request for a RA [Reasonable Accommodation] was a reasonable one..presenting the course material without the distraction of the watermark..if there are other ways of presenting the same or similar material that could be done too.
3) the company was willing to remove the watermark if over 50% requested…that shows that the watermark protection is not significant to the company. But the law does not look to whether a majority is affected. If an applicant who is a person with deafness applies for a job and needs an RA, the fact that most people do not need an RA for deafness is not the issue. It is whether this one needs.

Feeling: Validated. 🙂

 

Strategy 7: Share without shaming

You’re reading this post – and thank you so much for reading this far – because I think it is important to continue to invite mindset shifts and compassionate action without shame. This is why I have not shared the name of the course. In fact, I think some of the work of the course creator has value, however, I cannot share it until the moral conflict described here is resolved.

What does this mean for highly sensitive people?

It means being okay with referring to sensitivities as an impairment. I find this challenging conceptually because I deeply value the strengths of the trait but am willing to do so if it means receiving appropriate accommodations. Not everyone will be okay with this.
It means we have legal rights to back us when raising our voices.
It means we deserve to be taken care of.

 

What does this mean for organizations?

It means digging deeper and moving past initial reactions to examine if that position is reasonable given human rights legislation.
It means being creative and adapting as necessary to be more inclusive.
It means making an exception that could take some extra time and effort.
It means taking compassionate action. Actions speak louder than words.

 

What am I hoping for?

We are all on learning journeys and open to new thinking in different ways. I hold hope for the following:

1. I hope that the course creator, team, and my classmates will read this and reflect on what happened – the action and inaction, and what might be done to do better.

2. I hope this can serve as a case study sharing the challenge of raising one’s voice for reasonable treatment.

3. I hope that the need for persistence in achieving accommodations will disappear as more minds open with and act with true compassion.

 

I would love to hear your thoughts…

How would you have felt? What would you have done?

Email me to let me know at clare@clarekumar.com

or comment on a social media post sharing this blog post.  You can find me @clarekumar on LinkedIn, Instagram, Twitter, and on Facebook. I would love to hear what you think.

*Workarounds would be time-consuming but entirely possible through free software such as watermark-removing apps and “printing to PDF” in order to save documents electronically.

******
I explore the intersection of productivity & inclusivity through speaking, coaching, and hosting the Happy Space Podcast. Hot talks at the moment are
“Understanding & Embracing Neurodiversity” and “Leadership Skills for a Hybrid World”. If I can be of help please book time to chat with me.

Filed Under: Advocate, Awareness, Disability, HSP - Highly Sensitive Person, Inclusivity, Leadership Tagged With: discrimination, high sensitivity, inclusivity, visual sensitivity, watermark

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Productivity catalyst, highly sensitive executive coach, and speaker, Clare Kumar cultivates sustainable performance in busy professionals so they can keep making rich contributions in all areas of life and achieve greater fulfillment.

She inspires leaders, professionals, employees and entrepreneurs to respect humanity and boost performance through marrying productivity and pleasure. After all, why shouldn’t you have fun while getting things done?

 

From the Blog

Hold that door….! Opportunities to Improve Accessibility are Closer Than You Think

Success Strategies for Back to School

Walking Into a Glass Wall and Why I Can Point a Finger at Poor Design

how should a leader behave? and how does this rela how should a leader behave? and how does this relate to pie?

Leadership Coach, @shedinspires , explains it best:

🥧 I think the biggest thing with leadership is there's no such thing as a perfect leader. there's no such thing as a perfect human. I think we can take a slice of many people's pies, to figure out what's our way. I don't think there's right and wrong. I think there's our way.

🏆 I think every leader, of which everyone can choose to be a leader because it's a behaviour set, we can figure out what are our values, what do I care about, and how do I behave in a way that is aligned with that, which is authenticity, and when you find people who believe what you believe and you behave in that way, you get a following. you're a leader.

🔗link to listen/watch/read the podcast is in the comments 

#everyonedeservesaHappySpace 

#speakingup #inclusion #safety #leadership #culture #neurodiversity
Instagram post 17994566822269878 Instagram post 17994566822269878
this beautiful voice made up for all the dirt, dis this beautiful voice made up for all the dirt, disrepair and the aggressively, angry rider in my car tonight. 

thank you @charmiemusic 

humans need you.
“hopefully we have cultures where the risk to sp “hopefully we have cultures where the risk to speak up, the fear to speak up is surmountable. we shouldn't have to make a point to speak up. It should just happen. that's the sign of a healthy speak-up culture is, it isn't a big deal. it's just what we do around here.”

🎙this powerful statement is from Leadership Coach, @shedinspires, in our conversation on the latest episode of the “Happy Space Podcast”.

Stephen shares 

📖 why he wrote “Speak-Up Culture”

🥒 how leaders can turn into bad pickles

🗣 advice for speaking up

🥇an opportunity to win a copy of his book! 

be the tenth person to comment on this episode on Instagram/Youtube/Twitter/Facebook/Linkedin and tag both Stephen Shedletsky and Clare Kumar and the book is yours!

tune in to this conversation as we explore why Stephen felt the need to write this book now, how our environment can pressure us into being unethical, and the value of transitioning to a speak-up culture.

🔗link to listen/watch/read the podcast is in the bio 

#everyonedeservesaHappySpace

#speakingup #inclusion #safety #leadership #culture #neurodiversity
🎙Director of Nook®, David O’Coimin explains 🎙Director of Nook®, David O’Coimin explains some of the ways a Nook Pod improves the soundscape in our conversation in episode 7 of the “Happy Space Podcast”.

📣 Nook has a scientifically different sound pressure inside than it does outside. we focus a lot on removing high-frequency noise. we focus a lot on creating a sort of low-frequency hum within the space, almost audible. 

😮 you put your head inside and you can see people go, “okay, how is that happening? I'm in one now, which has a door on, which is the solo booth.” and it's the only one we put a door on. the rest of the products are all open for the reason of inclusivity and feeling connected to the environment.

⛑ so when there's no door and it sounds different inside, people can be startled and quite taken aback by that. but after that first, sort of shock what you get is this, you see this relaxing that occurs, this calm that almost washes over people. so that calm is an important first element of the product.

where could you use a Nook® in your workplace?

🔗link to listen/watch/read the podcast is in the bio

#everyonedeservesaHappySpace

#neurodiversity #sensitivity #safespace #inclusivity #respect #noisereduction
we have a lot to be proud of. i saw “299 Queen S we have a lot to be proud of. i saw “299 Queen Street West” last night - a documentary about the ground-breaking nation’s music station. catch it on @cravecanada - streaming in Dec and touring the country as well through November. 

muchmusic was so very innovative and inclusive. 

props to the vj’s who shaped the show with their innate curiosity and love of trying new things. 
and to the film maker @seanmenard who bravely rented out roy thompson hall for and filled it!

@ericaehm  so much to be proud of!

@denisedonlon 
you were a queen in that suit. what great contributions you have made 

@sookyinleee loved learning more about you 

@billwelychka 
congrats on your book and happiness 

@steveanthonyonline so glad you didn’t go over the edge

@rick_campanelli aka “the temp”

@strombo your bowie interview is a fave of mine

@monica.deol it was wonderful to see an indian woman on tv. you inspired!

the movie also  included an all-time fave bowie interview where he asked mtv why they were not playing the amazing black music being made at the time. ♥️

speakers corner and electric circus were such fun. i think we could all use a daytime dance show now, don’t you @monica.deol ?

this movie made me proud to be 🇨🇦🇨🇦🇨🇦

#muchmusic #canadianfilm #documentary #indie #culture #fun #fan
i eat this almost every day. breakfast is somethin i eat this almost every day. breakfast is something i choose to simplify. decisions take energy.

others might choose wardrobe.

what do you choose to think less about?
i ache for the challenge of this day for those in i ache for the challenge of this day for those in and close to this community. you are seen and you are loved.
how can we be neuroinclusive? Strategy Lead for G how can we be neuroinclusive?

Strategy Lead for Google Global Events, Megan Henshall, talks about designing with neuroinclusion in mind:

🧠 neuro-inclusion needs to be a main ingredient in your experience design recipe because there are a lot of people that are coming to events who are suffering in silence or not coming at all. 

🔀 there's a statistic from an organization called EventWell, and 85% of the neurodivergent people that they interviewed have not attended an event because they thought it would be triggering or overwhelming for them, but that's sad. they have every right to be there.

have you ever opted out of an event because it felt unwelcoming?

🔗link to listen/watch/read the podcast is in the bio

#everyonedeservesaHappySpace

#neurodiversity #inclusion #compassion #neuroinclusion #inclusiveleadership #hsp #leadershipstrategy #events
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