All people who are deaf or hard of hearing have the right to use different their preferred means of communication. The Americans with Disabilities Act, many times referred to as the ADA, is a federal law that makes sure that many laws it encompasses, including deaf communication rights, are followed. Because of these rules, all state and local governments, medical facilities, law enforcement, legal, educational, and job systems, as well as all public places, must make sure that Deaf people can communicate with them. In some cases, this is going to require the use of a professional interpreter, which must be provided by the government or business.
Depending on the situation, assistive listening devices could be seen as an effective communication method. However, not all deaf people can use assistive listening devices, so it is not always the best solution. In order to comply with the legislation, deaf people in the United States must have a sign language interpreter present, if they so request it. The most important thing to remember with the ADA and the deaf community is that it’s all about effective communication. The law stipulates that all efforts must be made to ensure effective and transparent communication.
Communication Obstacles
Communication struggles are a reality for those who are deaf. And, it’s not just a once in a while thing, these are daily struggles of members of the deaf community. Sometimes there is a lack of service because the people providing it don’t care enough. The good news is it’s possible to overcome the language barrier and preserve the rights of deaf Americans. This is done using some very specific solutions, such as the provision of captioning, transcription, or interpreting services in sign language.
The ADA guarantees equal access for everybody. However, despite this being a federal law, deaf people are still denied basic communication in a variety of different settings. According to the ADA, the organization is responsible for supplying and paying for any necessary sign language interpretation services. If an organization fails to comply with meeting any of these requirements, they can be fined.
Students and the ADA
The rights of deaf students are protected under the ADA. As it’s a federal law, it makes it mandatory for public buildings and schools to accommodate them in whatever way necessary. A statute called the Individuals with Disabilities Education Act makes it mandatory for schools to provide suitable educational opportunities for deaf students.
The creation of an Individualized Education Program and an Individualized Family Service Plan are also mandated under federal legislation. The Rehabilitation Act of 1973 was passed to ensure that people with disabilities would not be barred from participating in activities that are financially supported by the federal government, which includes public schools.
Medical Services and the ADA
Receiving medical care, which is one of the most common settings in which sign language interpreting services are sought after, falls under the purview of ADA rules. Any patients or visitors at a hospital who are deaf are entitled to interpreting services so they can communicate. Under the ADA, the institution must provide these services at no cost to the patient or visitor. The type of interpreter provided can vary based on the current situation. A professionally trained ASL interpreter is required when it comes to more sophisticated exchanges, such as describing a patient’s symptoms or the surgery they will undergo.
A person who is deaf and uses ASL as their main form of communication is not able to obtain the same level of medical treatment as a hearing individual if there is not an interpreter on site. Deaf persons are far too frequently denied fundamental human rights when they are placed in medical settings where effective communication is crucial.
Legal Services and the ADA
People who are deaf or just hard of hearing have the right to receive the same services from law enforcement as everyone else. They are not allowed to be excluded or segregated from these services, have services denied to them, or be treated differently than anybody else receiving these same services. Because judges, police officers, and other law enforcement professionals don’t typically acknowledge the existence of communication barriers, deaf people have a harder time navigating the legal system. In interactions with law enforcement, a failure to communicate might lead to an individual’s incarceration without the option to contact an attorney.
There is no true representation for a deaf client when the attorney and client cannot communicate with each other. If a deaf person in the courtroom cannot comprehend what is happening around them, then justice has not been served. Individuals who are deaf or hard of hearing now have better access to the legal system because of the efforts of the National Association of the Deaf. Through this association people who work with law enforcement, correctional facilities, and jails are now getting the training they need in regards to the rights of deaf people, which includes effective communication.
Conclusion
Even with the ADA there is no specific legislation that specifically applies the deaf and hard of hearing. Instead, there are a number of different laws that treat deafness as a form of impairment, with some legislation being more significant than others. The truth is being deaf or hard of hearing is not an impairment. Deafness is more of a barrier to communication and comprehension than it is to a person’s ability to perceive sounds.
People who are deaf face communication challenges in all parts of their lives. To help bridge the communication gap between the deaf community and the hearing world, places like Unspoken Language Services are more than happy to help. By providing professional and trained interpreters, we at Unspoken Language Services are working hard to create an inclusive environment for the deaf and hard of hearing.
Deaf people who try to communicate with hearing authorities regularly are consistently met with barriers that prevent them from doing so. Instead of being part of the problem, make you and your business part of the solution.
Thumbnail Photo Credit to: “Students from Van Asch Deaf Education Centre perform national anthem” by Christchurch City Libraries is licensed under CC BY-NC-ND 2.0.
