The Department of Veterans Affairs (VA) is facing a lawsuit filed by Laurette Santos, a blind clinical social worker who has faithfully served the institution for over a decade. Santos claims that the newly introduced Oracle Health’s Cerner Electronic Health Records (EHR) system is inaccessible, critically hampering her ability to perform her job duties independently.
Accessibility Issues
Incompatibility with Screen Reading Software
Laurette Santos heavily relies on Jobs Access With Speech (JAWS) software, a screen reader essential for blind individuals to navigate computer systems. The problem arose when the VA adopted the Cerner EHR system, which does not support JAWS. This incompatibility means Santos cannot access basic functions like reading client files or entering data without sighted assistance.
The absence of JAWS support in the Cerner system not only hampers Santos but sets a concerning precedent for similar employees. Screen readers like JAWS translate digital text into speech or Braille, making it a lifeline for visually impaired professionals. The failure to incorporate these capabilities essentially blinds those dependent on the technology to perform their job, causing severe operational inefficiencies. The initiative to modernize healthcare data systems should ideally include accessibility features from the ground up to ensure inclusivity.
Decline in Job Performance and Independence
With the new system in place, Santos experienced a significant decline in productivity. Tasks that were previously manageable independently now necessitate the aid of sighted colleagues, leading to delays and inefficiencies. This dependence on others has had an emotional toll on Santos, making her feel “disabled again,” undermining the professional independence she had fought to maintain.
In addition to professional setbacks, the psychological impact cannot be overstated. Santos’ frustration stems from the perception that the organization she has dedicated over a decade of service to does not account for her needs. The emotional strain of feeling less capable, despite having demonstrated effectiveness in her role previously, has rekindled feelings of inadequacy. These issues underscore the necessity for organizations like the VA to not only adopt new technologies but to ensure these tools are universally functional for all employees.
Legal Concerns
Violation of Disability Laws
The lawsuit filed by Santos hinges on the claim that the VA’s actions violate Sections 501 and 508 of the Rehabilitation Act of 1973. These sections mandate equal employment opportunities and accessible technology for federal employees with disabilities. By implementing an EHR system incompatible with JAWS, the VA is alleged to be in breach of these legal requirements.
Sections 501 and 508 serve as the cornerstone for ensuring accessibility within federal employment. Section 501 mandates non-discriminatory practices in hiring and employment, while Section 508 requires that electronic and information technology developed by the federal government be accessible to people with disabilities. Santos’ lawsuit asserts that by rolling out the Cerner system without ensuring JAWS compatibility, the VA disregards these legal obligations. This neglect infringes on the rights enshrined in the Rehabilitation Act, which was established to prevent precisely these types of accessibility failings.
Historical Context of Accessibility Warnings
The problem isn’t new. When the Department of Defense (DoD) began plans to modernize the federal EHR system in 2015, the National Federation of the Blind (NFB) urged the DoD to ensure the selected system would be compatible with screen readers. When the VA later adopted the Cerner system, these earlier warnings were ignored, and necessary modifications were not made.
This historical context indicates a systemic failure to prioritize accessibility despite clear forewarnings. The NFB, representing a constituency directly affected by these decisions, emphasized the need for screen-reader compatibility early in the modernization process. Yet, both the DoD and subsequently the VA proceeded without making the needed adjustments. This consistent disregard for accessibility advocates’ warnings paints a picture of institutional negligence, raising questions about the real commitment to inclusivity and compliance with established disability laws.
Internal Response and Initial Attempts at Resolution
Reporting and Lack of Corrective Action
Upon encountering these issues in 2019, Santos reported them to the VA. However, no corrective measures were taken. This inaction prompted her to seek other avenues for resolution, including filing a complaint with the Equal Employment Opportunity Commission (EEOC), which also did not yield effective results.
The lack of responsive action from the VA is a critical point in the narrative of non-compliance. Reporting mechanisms are designed to identify and rectify such issues swiftly, ensuring that employees can function efficiently. Santos’ pursuit for redress through the EEOC also failed to yield a satisfactory resolution, spotlighting deficiencies within the entire protocol for handling such grievances. This cycle of reporting and inaction not only exacerbates the issue but fosters a workplace environment where the needs of disabled employees appear secondary.
Consultation with 508 Compliance Office
An essential detail highlighted in the lawsuit is that the VA did not consult its 508 Compliance Office before finalizing the Cerner contract. This oversight points to a failure in ensuring that the new system met all legal accessibility requirements, exacerbating the issue for employees like Santos.
The 508 Compliance Office serves as a regulatory checkpoint to ensure any technological adoption aligns with accessibility standards. Skipping this critical consultation suggests a significant oversight and prioritization misalignment. Such procedural gaps are glaring red flags, indicating a systemic shortfall in integrating necessary compliance checks. The lawsuit thus not only addresses individual grievances of Santos but also points to broader operational faults within the VA, calling into question the due diligence conducted in their technology adoption processes.
Broader Implications
Impact on Federal Employees with Disabilities
Santos’ lawsuit has broader implications beyond her individual case. Thousands of federal employees with disabilities might face similar challenges as the VA continues its nationwide rollout of the Cerner EHR system. The potential widespread impact underscores the importance of addressing these accessibility issues promptly.
This case serves as a precedent, highlighting the risk of widespread exclusion in federal systems if accessibility is not integrated from the beginning. With technology playing a pivotal role in modern workplaces, ensuring such systems are inclusive is not just a legal obligation but also a moral one. The challenge faced by Santos could soon be a shared experience among many, signaling a need for immediate reevaluation of current practices to safeguard the interests of disabled employees. The resolution of this lawsuit might serve as a catalyst for a more inclusive digital transformation within federal agencies.
Advocacy and Public Awareness
Disability advocates argue that the VA’s actions effectively render disabled employees second-class workers, deprived of the tools necessary to perform their jobs efficiently. These advocates are pushing for immediate changes to ensure that all federal employees have access to the technology they need, spotlighting the systemic failures within federal agencies when it comes to adhering to disability laws.
The advocacy arising from this case intends to bring systemic change, translating individual grievances into collective action. Public awareness and legal challenges often serve as effective catalysts in prompting institutional change. Advocates view Santos’ lawsuit as a rallying call for a broader reassessment of how federal agencies implement technology, urging for an inclusive approach that aligns with legal standards and ethical imperatives. The push from these voices highlights the discrepancy between policy on paper and its real-world application, seeking to bridge this gap for the betterment of all employees.
Personal Experience and Emotional Toll
Santos’ Journey
Laurette Santos has progressively lost her vision over the years but had managed to maintain her independence and productivity through accessible technology like JAWS. The introduction of the inaccessible Cerner system significantly hindered her ability to perform her job, making her feel reliant on others and rekindling feelings of inadequacy and frustration.
Santos’ journey is a testament to resilience and adaptation, underscoring the essential role that accessible technology plays in enabling independence and professional efficacy. Her ability to leverage JAWS signifies not just a personal victory but reflects broader possibilities for the visually impaired community. However, the introduction of an incompatible system like Cerner disregards these victories and forces reliance on colleagues, thereby diminishing the autonomy she had worked hard to establish. This journey reflects broader systemic issues where accessible technologies can dramatically impact professional and personal lives.
Emotional and Professional Repercussions
Despite her years of loyal service, Santos finds herself unable to navigate the new system, leading to a substantial decline in her work efficiency and effectiveness. The lawsuit underscores the importance of ensuring that workplace technologies are accessible to all employees, including those with disabilities. This case raises broader questions about how well governmental and healthcare institutions are adapting to the needs of disabled professionals, and it could have far-reaching implications for similar accessibility issues in other organizations.