Language and communication barriers are one of the biggest problems facing the Deaf community. Deaf individuals have varying levels of communication and while some are bilingual, using American Sign Language (ASL) as their primary mode of communication, not all Deaf individuals participate in the use of ASL. This creates a unique situation for the agencies that service Deaf community—there is not a ‘one size fits all’ approach for hearing society to communicate with Deaf individuals.
The Americans with Disabilities Act
The Americans with Disability Act (ADA) has five parts. Each part provides a unique protection to people with disabilities, including Deaf or hard of hearing individuals. Title I of the ADA provides protection against discrimination in finding and maintaining employment. Title II provides protection from discrimination in public services provided by state and local government, such as educational institutions, hospitals, and law enforcement agencies. Title III provides protection against discrimination in the arena of public accommodations, which is any privately operated business or facility. Title IV provides protection against discrimination in telecommunications, including television broadcasting. Title V is a miscellaneous provision that provides protection against retaliatory discrimination for exercising civil rights or reporting agencies to the ADA’s governing body, the Department of Justice.
A language barrier is any barrier in communication between individuals that delays or obstructs mutual understanding. There are many language barriers that can occur when Deaf individuals communicate and can lead to multitude of misunderstandings.
How ADA Laws Help to Overcome Language Barriers
When overcoming language barriers in finding and maintaining employment, the ADA states that employers must provide reasonable accommodations and effective communication methods for Deaf individuals. A reasonable accommodation can look different in different workplaces but includes equal opportunities in the application process and job modifications to enable a job to perform a job function. Some specific accommodations to help overcome the language barriers in the workplace include sign language interpreters, oral interpreters, cued language interpreters, or computer assisted real-time transcription.
The same protection exists for students seeking equal opportunity and access to education. Every child, whether hearing or hard of hearing, has the right to a free, appropriate public education which includes effective communication and equal access to curriculum. ADA laws state that schools must provide free effective communication to a Deaf student using interpreters. In addition to interpreters, schools can also utilize closed captioning systems and assistive listening devices. Schools must also provide sign language interpreters to Deaf parents when working or meeting with classroom teachers or any other school staff. In addition to ADA laws, Section 504 of the Rehabilitation Act can also ensure that Deaf students receive appropriate communication methods.
Overcoming language barriers in the healthcare setting is a real problem for Deaf people. The ADA requires that all hospitals and healthcare providers provide effective communication for Deaf and hard of hearing individuals. So, what is effective communication? It all depends on the situation and the needs of the Deaf or hard of hearing people. For instance, if a Deaf person is going to their medical provider for a preplanned appointment, a request for a sign language interpreter would need to be requested and that request would ideally be met; however, the medical provider could also provide written communication or computer real time interpretation so that the patient understands what is being communicated. When going to the ER or dealing with another emergency, medical personnel could attempt to secure an interpreter—whether sign language, oral or cued language, but if an interpreter is unavailable then they would move to a computer relay caption system. This is at the discretion of the hospital; however, there are times when an interpreter is the most effective communication—when discussing diagnosis or treatment options, when describing medical tests or surgery, when providing information about complex matters, or when making presentations.
Another area where language barriers exist is when working with law enforcement. The ADA requires that law enforcement agencies must secure effective communication when working with Deaf individuals. This includes waiting for sign language interpreters or using written methods of communication to communicate with Deaf individuals. Officers can also implement speech to text to communicate commands or questions to Deaf individuals and allow Deaf individuals to reply via written communication, so the language barrier is reduced or eliminated.
Places of public accommodations could cause a language barrier to arise if staff are not properly trained to interact with Deaf individuals, or if employees are not aware of ADA laws. Public accommodations include hotels, restaurants or bars, public transportation, and gyms to name a few. ADA states that effective communication methods must be available to Deaf individuals, but if the method creates an undue burden on the business, the business does not have to honor the request. Meaning that if you are a Deaf individual and you request a sign language interpreter to interact with a waiter or staff member or a hotel, they do not have to honor your request. They do however have to provide effective communication, whether that be speech to text or written communication to ask or answer any questions posed by either staff or the Deaf individual.
The biggest mode of communication that is breaking down language barriers between hearing and Deaf society is the use of cellphones. With technology at the touch of a finger, suddenly speech to text and written communication has become easier and more accessible to all people. While teletypewriters (TTY) are still used as interpreters when a Deaf individual needs to engage in spoken communication—a message relay center is used to send and interpret TTY messages.
Conclusion
While most language barriers can be reduced or eliminated using written or typed communication, the best way to break the language barrier is through the use of an interpreter. Unspoken Language Services is a professional ASL interpreting service provider, to bridge the communication gap and create an inclusive and accessible environment for all.
