The Americans with Disabilities Act, typically referred to as the ADA, ensures public places are available to everyone. Within the United States, it is one of the most important civil rights laws and is strictly enforced by the Department of Justice.
The Americans with Disabilities Act has five separate sections, which are called “titles.” The first section is about employees within the workplace. It applies to private companies with 15 or more workers and state and local government departments with 15 or more workers.
The second section is geared towards public organizations, including state and local governments. Title III focuses on accommodations for various businesses. Regardless of if a business is providing services or selling goods, it should always follow the laws within the ADA.
Understanding Public Accommodations
If a private business is open to the public, it must provide deaf or hard-of-hearing people the same chances and opportunities to use its services. These businesses should never treat deaf or hard-of-hearing people any differently than they treat others. Sometimes, they may need to change their rules and ways of doing things so everyone can use their services and spaces. The ADA requires all public places to provide the tools and services needed for deaf and hard-of-hearing people to use the spaces or services.
The ADA also calls for removing any physical hurdles currently in place that prevent equal access. The ADA also requires installing flashing alarm systems, permanent signs, and sound buffers. Businesses can never charge a deaf or hard-of-hearing person more because they need extra help or services.
Businesses should talk to the person to find out what extra help or service they need to provide to ensure everyone has the same access. When deciding what kind of additional aid or service to offer, the most important thing to consider is how well it will help the deaf or hard-of-hearing person communicate. For example, besides having a trained interpreter, it may be necessary to change how people are seated or the lighting so everyone can see the interpreter.
Employees must be told to take calls that come through a transfer service. Policies and methods must also be updated to ensure everyone is allowed inside the business. For example, a person with a service animal must be let into a business that usually doesn’t let people bring pets.
A public facility can refuse to provide auxiliary help or service only if it can show that doing so would “fundamentally alter” the nature of the service it offers or cause an “undue burden.” Even if that happens, it must still be ready to provide additional auxiliary help or assistance if one is available.
The unfair load can be caused by several things, such as the type and cost of the extra help or service and the complete financial and other resources of the business and its parent companies. A business may get a tax credit for the cost of translators and other auxiliary tools and services on top of the standard deduction for business-related expenses.
Photo by seanhoyer
Why ADA Compliance is Important
People must follow all ADA guidelines because it is required by federal law. Businesses, including state or local governments, that don’t follow these rules can be fined $100,000 or more per violation. They also risk lawsuits and bad press. ADA compliance is important to the deaf community because it gives them access to your services or goods in person and online.
It’s the Right Thing to Do
In the United States, around 26% of people require reasonable accommodation. This may surprise some because about one in every four people requires reasonable accommodation. When the ADA laws were first written, they were written with the freedoms of being an American in mind. This means no one should be treated differently for any reason, and everyone should have the same chances in life.
We are slowly working towards being a society that is accepting of people who need public accommodation. ADA compliance is vital for many reasons, but the most important reason for adhering to it is simply the right thing to do.
Better Serves the Community
People who are deaf or hard of hearing often face problems that make it even harder for them to get through life. These problems can be physical and social. Communicating with people is one of the biggest hurdles they face. Difficulty communicating means not getting the services they need or require, but it can also be frustrating not to be understood. Businesses that follow ADA guidelines get more customers, help people of all abilities have more fulfilling lives, and get a good reputation for being socially responsible.
Attracts More Business
The deaf community tends to be a close-knit group, so companies that serve them often get more business from word-of-mouth advertising. Also, a 2015 study by Cone Communications found that nearly 81% of consumers prefer supporting companies that are doing good things. Consumers are more likely to support companies that make good decisions that help their neighborhood and the world.
What Happens if You Are Not ADA Compliant
According to the ADA, employees can sue their employer if they do not comply with the law. Back pay, lost wages, compensatory damages, punitive damages, legal expenses, and other costs linked with the violation can all be considered losses.
Fines of up to $75,000 are possible under federal law for the first violation and up to $150,000 for subsequent violations. Additional penalties can be imposed if state and municipal governments choose. They may mandate that enterprises adhere to an accessibility level greater than required under the ADA.
Conclusion
As you can see, being ADA-compliant benefits businesses and the deaf community. Companies that ensure they are in full ADA compliance can rest assured that they are doing the right thing, which makes them even more attractive to clients.
Partnering with a professional ASL interpreting service, like Unspoken Language Services, can also help businesses create an accessible and inclusive environment for everybody; plus, it can help your business vastly bridge the communication gap.
Thumbnail Photo Credit to: Photo by John Englart (Takver)
