Following the law and regulations is essential in the interpreting industry to guarantee professional standards are upheld and high-quality service delivery. Interpreters have legal responsibilities in addition to being crucial in facilitating communication between individuals who do not speak the same language. We will discuss the many laws and rules that pertain to interpreters in this article, along with tips for maintaining compliance in your line of work.
Legal Framework for Interpreters
The laws and rules that control interpreters’ work are referred to as the legal framework. Professionals who translate between people who do not speak the same language are known as interpreters. In a variety of contexts, such as the legal, medical, educational, and social service fields, this function is essential. Interpreters are required by law to follow certain guidelines to maintain ethical standards and facilitate effective communication.
Federal laws like Title VI of the Civil Rights Act and the Americans with Disabilities Act (ADA) apply to interpreters in the United States. The Americans with Disabilities Act (ADA) forbids discrimination against people with disabilities and requires reasonable accommodations, such as providing qualified interpreters for people who are hard of hearing or deaf. For programs that receive federal funding, Title VI forbids discrimination based on race, color, or national origin. This means that people with limited English proficiency must have access to services.
Interpreters are subject to state-specific regulations in addition to federal laws, which can differ significantly. These rules may cover things like codes of ethics, training specifications, and certification requirements. Interpreters can make sure they are operating legally and morally by getting the required certifications and keeping up with legal developments.
Americans with Disabilities Act (ADA)
In 1990, the Americans with Disabilities Act (ADA) was enacted, becoming a significant piece of American legislation.
Its goal is to outlaw prejudice against people with disabilities in all spheres of public life, such as employment, education, transportation, and public and private spaces accessible to the general public. The Americans with Disabilities Act (ADA) aims to ensure that people with disabilities have the same opportunities and rights as other people.
Applying to state and local government entities, Title II of the ADA is one of the main provisions that interpreters should be aware of. Government organizations are mandated by Title II to make reasonable accommodations so that people with disabilities can communicate with them effectively. This includes offering deaf and hard-of-hearing people qualified interpreters.
Title III, which covers establishments that are open to the public and include restaurants, lodging facilities, theaters, doctor’s offices, and other establishments, is another significant ADA provision. To guarantee that individuals with disabilities have equal access to their products and services, Title III mandates that these companies make reasonable accommodations. This might entail offering hard-of-hearing or deaf people interpreters.
The Americans with Disabilities Act (ADA) forbids discrimination against people with disabilities in the workplace and mandates the provision of interpreters. Employers are therefore prohibited from treating workers or job candidates unfairly based on their disability and are required to make reasonable accommodations, such as providing interpreters, so that workers with disabilities can carry out their duties.
Title VI of the Civil Rights Act
Photo by Pavel Danilyuk
A federal law in the United States known as Title VI of the Civil Rights Act of 1964 forbids discrimination on the grounds of race, color, or national origin in programs and activities that receive funding from the federal government. Title VI’s main goal is to guarantee that people receiving federal funding will not be discriminated against, denied access to its benefits, or denied participation in programs or activities.
One of the most important Title VI provisions for interpreters is the mandate that recipients of federal financial assistance take reasonable measures to give people with limited English proficiency (LEP) meaningful access.
To guarantee that people with limited English proficiency (LEP) have equitable access to services and information, this involves offering language assistance services like interpretation and translation.
Title VI covers a broad spectrum of organizations that receive federal funding, such as social service agencies, hospitals, schools, and local and state governments. To comply with Title VI, these entities must offer LEP individuals language assistance services. This may involve hiring qualified interpreters for languages that a sizable portion of the community speaks.
Title VI forbids discrimination on the grounds of race, color, or national origin in all programs and activities that receive federal funding, in addition to its language access provisions. This means that in any part of their programs or activities, recipients of federal financial assistance are prohibited from discriminating against people based on these grounds.
State-Specific Regulations
State-specific regulations are laws and policies that are particular to each US state.
State-specific regulations may also exist regarding interpreting services, even though federal statutes like Title VI and the Americans with Disabilities Act (ADA) offer general guidelines that are applicable across the country.
The breadth and specificity of these state-specific laws can differ greatly.
While some states may have rules for working with particular populations, like children or people with mental health concerns, others may have particular certification or licensing requirements for interpreters. States may also have laws governing the use of technology for interpreting, including laws governing remote simultaneous interpretation (RSI) and video remote interpreting (VRI).
Interpreters who wish to guarantee that they are offering their services in a morally and legally compliant manner need to be aware of and abide by these state-specific regulations.
This could entail getting particular licenses or certifications, abiding by professional conduct standards, and keeping up with any updates or modifications to the laws.
Staying Compliant as an Interpreter
There are several steps you can take to ensure that you remain in compliance with the various laws and regulations that are relevant to interpreters:
Obtain the Necessary Certifications
To legally practice, interpreters must hold a certification in many states. State-specific certification requirements might include finishing a training course, passing an exam, or proving multilingualism. Acquiring the requisite certifications will help you make sure you are practicing lawfully in your state.
Stay Informed About Legal Updates
Interpreter laws and regulations are dynamic, so it is critical to stay up to date on any changes that might have an impact on your line of work. This can involve participating in professional associations, taking continuing education classes, and keeping abreast of industry advancements and pertinent news.
Maintain Confidentiality
Since interpreters frequently have access to private information, you must uphold confidentiality in your work. This entails keeping any information you learn during an interpreting session confidential and abiding by all applicable laws and rules protecting the privacy of client data.
Adhere to Professional Standards
Interpreters are subject not only to legal requirements but also to professional standards of practice. This entails conducting your work with objectivity, accuracy, and professionalism and abiding by any conduct or ethics codes set forth by professional associations.
Conclusion
Although they are essential in helping people who do not speak the same language communicate, interpreters also have legal obligations.
You can make sure that you are upholding the highest moral and legal standards while offering top-notch services by being aware of the laws and rules that are relevant to interpreters and taking the necessary precautions to remain compliant.
For those who are looking for additional support, Unspoken Language Services offers interpreting services to help bridge the communication gap between the deaf and hearing communities.
Thumbnail Photo Credit to: Photo by Mikhail Nilov
