lsctig 2015 session materials - gender and cultural competency with legal technology
TRANSCRIPT
Gender and Cultural Competency with Legal Technology: Considerations and Best
Practices
LSC TIG Conference
San Antonio, TX
Thursday, January 15, 2015 8:30 AM
Panelists
• Talley Wells, Director, Disability Integration Project, Atlanta Legal Aid Society
• Xander Karsten, LawHelp Program Coordinator, Pro Bono Net
• Sheila Fisher, HotDocs Template Developer, North Penn Legal Services
• Mirenda Meghelli, LawHelp Interactive Program Coordinator, Pro Bono Net (moderator)
Roadmap
• Cultural Competency and Legal Technology
• Website accessibility and Inclusion: Olmsteadrights.org
• Gender identity and legal technology
• Gendered language and forms• Q&A; Discussion
Goals/Takeaways
• As legal services technology tools evolve, how do we ensure they reflect the diverse populations they are meant to serve?
• What are the best practices in designing and upgrading legal technology with sensitivity to issues like gender identity and expression?
• What are the best practices in designing and upgrading legal technology with sensitivity to issues racial and ethnic diversity and disability?
DefinitionsCulture - the shared values, traditions, norms, customs, arts, history, folklore, and
institutions of a group of people. Culture is complex and dynamic, and can change over time.
Cultural competence - a set of cultural behaviors and attitudes integrated into the practice methods of a system, agency, or its professionals, that enables them to work effectively in cross-cultural situations.
Diversity—differences among people with respect to age, class, ethnicity, gender, physical and mental dis/ability, race, sexual orientation, spiritual practice, and other human differences.
Cultural Competency in Legal Applications for Technology
• Inclusive Design/ Universal Design: design that considers the full range of human diversity with respect to ability, language, culture, gender, age and other forms of human differences
Cultural Competency in Legal Applications for Technology
• Technology designed with multi-lingual functionality
Cultural Competency in Legal Applications for Technology
• Inclusive development and staffing: inclusion of racially diverse groups important at each stage of tech project development particularly where the final product is meant to meet the needs of racially diverse clients
Website Accessibility and Inclusion
Talley Wells
Disability Integration Project
Atlanta Legal Aid Society, Inc.
http://www.OlmsteadRights.org/
We will discuss
• Why make a website accessible?• How to get started?• What are the basics?• Lessons learned• Top Tips
Why accessibility and inclusion?Federal Requirements
ADASection 508 of Rehabilitation Act
Expands Reach20% website users have impairment, including 10% of men color blind.
Promotes InclusionMakes Better Website
Where to Start: The Guide!
1. Perceivable2. Operable3. Understandable4. Robust
Google Short Link to Guide: http://goo.gl/SQcMJW
Section 508 vs. WCAG
Section 508 of the Rehabilitation Act 1998 Amendment requires accessible technology for purchases by federal agencies (not including recipients of federal funds)
Website Content Accessibility Guidelines 2.0(WCAG)
Created by World Wide Web ConsortiumWeb Accessibility Initiative. Primarily for peoplewith disabilities who use assistive technologies
WCAG 2.0 Recommendations
1. Text Alternatives for non-text content2. Captioning3. Create content that can be read by different devices4. Make content visually and audibly distinguishable5. Make all functionality available from keyboard6. Provide users enough time to read and use content7. Make content so as to avoid seizures8. Make sure all users can navigate from where they are9. Make content readable and understandable10. Make web pages predictable11. Help users avoid and correct mistakes12. Maximize compatibility with current and future user agents, including assistive
technologies.
Top 5 Tips
1. Alt Image2. Captioning3. Color Contrast4. Shifting Images5. Formatting
Inclusive Language and Images
Have inclusive pictures, including
people with disabilities
Use People First Language
Lessons from OlmsteadRights.Org
1. Plan AheadEducate YourselfBudgetInclude Time for Corrections
2. Find People to Talk it Out3. Evaluate and Re-Evaluate4. Audit
For More Information
LSNTAP Guide to Accessibility http://goo.gl/SQcMJW
Comparison of 508/WCAG http://jimthatcher.com/sidebyside.htm
Web Aim Intro to Accessibility http://webaim.org/intro/
WAVE Web Aim’s Accessibility Evaluation Tool http://wave.webaim.org/Web Content Accessibility Guidelines 2.0 http://www.w3.org/TR/WCAG20/Section508.Gov http://www.section508.gov/
GENDER AND ONLINE CONTENT CREATION
Xander Karsten, LawHelp Program Coordinator, Pro Bono Net
We will discuss
•Asking about gender:–What are we asking and why?
•How online platforms ask for gender •Gendered language •Other considerations when creating online tools and content
What are we asking when we ask someone’s gender?
•What pronoun they prefer?•What gender can we check for our funders? •What gender they identify with?•What primary sex-characteristics they possess?
When creating online tools…
Do you need to know a users gender?
If not- Don’t Ask!
If you do- ask why?
Examples from other online platforms
•Facebook–Provides users +50 gender identities–Targets ads based on users pronoun preference
•Groove Shark –“I Identify as..”
Suggestions*I need to know a users pronouns (to make the interface easier to navigate, funding purposes etc)
What pronouns do you prefer? He/HimShe/HerOther, Please provide: ________
I need to know a users gender identity (i.e.: it is material to the users legal issue, funding purposes)
What gender do you identify as? ORWe collect some demographic information for funding, what gender do you identify as?
Open text box
I need to know a users sex (it is material to the users legal issue)
What is the sex on your birth certificate or court order?
MaleFemale
*These are my suggestions, my suggestions only- they do NOT represent either my agency, nor the entire trans communities.
Gendered Neutral LanguageWhen to use it
What to change and what to avoid
•Focus on the substance or function, not the gender
•Use formal titles rather than gendered prefixes
•Avoid using pronouns unless you are referring to someone whose pronoun you know
You don’t JUST have to use “their” or “(s)he”
“A lawyer must diligently represent his client”
•Make the noun pluralA lawyer must diligently represent their client
•Repeat the noun rather than using a pronounA lawyer must diligently represent that lawyer’s client
•Omit the pronoun completelyA lawyer must diligently represent clients.
•Change to the second personAs a lawyer, you must diligently represent your client.
Other Considerations
•Content Testing–Engage underserved communities to do user testing!
•Outreach–What faces are you using in your outreach?–Where are you providing your outreach?
In general…•Be obvious about how information will be used
–To create an avatar–To be plead in the actual case– For funding purposes
•Think about what you actually need, and ask only for that!
–Consider whether you need to use titles –If you must ask, be open about options
•Make it easy to change information
Resources:
• ABA 2.4
Incorporating choice:Gender and race
in document assembly
Capturing gender
Optionally assigning an avatar
Explain why gender is asked
Race can be handled similarly
How gender and race are
represented in A2J Author
For individual users -
Avatar gender
In general -
Avatar race/ethnicity
Re-structure documents
when possible
From letters . . .
. . . to memos
Create new fields and merge texts
Verbs must match nouns
(Use of “they” requires 3rd person plural verb)
Other considerations??
It’s not just about nouns
Contact informationSheila J. Fisher
Staff Attorney / Template Developer
North Penn Legal Services
610-317-5307
For More Information:
• Talley Wells, Director, Disability Integration Project, Atlanta Legal Aid Society, [email protected]
• Xander Karsten, LawHelp Program Coordinator, Pro Bono Net, [email protected]
• Sheila Fisher, HotDocs Template Developer, North Penn Legal Services, [email protected]
• Mirenda Meghelli, LawHelp Interactive Program Coordinator, Pro Bono Net, [email protected]
Thank You for Joining Us!