When the Americans with Disabilities Act was introduced 31 years ago, it started a new era for millions. The ADA has done a great job of protecting the rights of Americans, especially those who are deaf or hard of hearing.

The law states everyone has the right to communicate effectively with others, both in public and private places. The Americans with Disabilities Act states that certain people can’t be treated unfairly in numerous situations, such as in the workplace, on public transportation, in public places, and when they try to use state or local government services.

For those who belong to the deaf and hard-of-hearing community, this law was a big deal because it was the first time public and private organizations had to think about their needs.

How It Protects the Deaf Community’s Rights for Employment

Employment is an integral part of the ADA because it helps people who are deaf get jobs. It makes it illegal for companies to ask about the presence, nature, or severity of a disability or medical condition before making a job offer. Title I says organizations can’t turn down suitable job applicants because of their needs. It also says that companies must make “reasonable accommodations” for deaf workers.

Understanding Reasonable Accommodations

Not everybody understands the term reasonable accommodation the same way. Setting the record straight often means making a small change to the usual way of communicating, which will depend on the situation. For deaf people using American Sign Language (ASL) as their primary communication method, a trained sign language translator is usually the best solution for meetings where important information will be shared. Other deaf or hard-of-hearing workers will prefer a text version of the meeting, which CART services can provide.

An email discussion or Video Relay Service might be enough for short conversations, like when the boss just wants a few more details on a report. The best way to determine a fair way to help a deaf person in a specific scenario is to ask them.

How the ADA Further Protects the Rights of the Deaf Community

Title II of the ADA states all local and state government agencies must guarantee equitable access to their full range of services to all constituents. This includes public institutions such as hospitals, local government buildings, public schools, public transit, and police stations. A public organization is responsible for guaranteeing that its contacts with deaf residents are just as successful as conversations with other types of citizens.

Title III of the ADA extends coverage of the law to include commercial establishments and places of public accommodation that are privately held. This includes venues like company offices, social service centers, entertainment events, airports, and so on. 

Deaf or hard of hearing customers are entitled to receive, upon request, help in the form of an interpreter or CART service at virtually any establishment accessible to the general public. The only exceptions to this rule are private clubs and religious organizations. Individuals who are deaf are not requesting any form of preferential treatment; instead, they are demanding the same level of access as everyone else.

Entities Are Responsible for Effective Communication

In the past, many companies have asked people who sign to bring a family member or friend to translate for them. These people didn’t always have the objectivity and specific language to translate accurately. Using people’s children as translators was especially bad.

The ADA clarifies that protected organizations are directly responsible for ensuring people can communicate well, including by using interpreters. They can’t make someone bring someone with them to translate for them. Only two situations can ask a partner to translate.

Situation One

When a trained interpreter is not available, and there is an immediate danger to the safety or welfare of a person or the public, an adult or child who is with a person who uses sign language may be asked to translate or help with communication.

Situation Two

In situations where there isn’t an immediate threat, an adult who is with someone who uses sign language may be relied on to translate or help with communication if: a) the person wants this, b) the adult agrees, and c) it is appropriate to rely on the adult who is with the person. This exception does not cover children under 18.

Even in the second situation, covered entities can’t depend on an attending adult to translate if there’s a reason to doubt the person’s fairness or ability. For example, it wouldn’t be right to rely on a friend to translate if that person has mixed feelings about telling the person bad news or has a personal stake in how something turns out. Another example is that when cops get a call about abuse between a husband and wife, they should never ask one partner to translate for the other.

Who Decides the Services Needed?

Title II organizations must give the aid or service that the person with a communication disability asks for the most weight when picking an aid or service. The state or local government must respect the person’s choice unless it can show that there is another equally effective way to communicate or that the person’s choice would cause a significant change or be too much of a burden (see exceptions below). Suppose a person with a disability makes a choice that would cause an unnecessary burden or a fundamental change. In that case, the public body still has to provide an effective replacement aid or service for communication if one is available.

Entities under Title III are invited to talk to the person with a handicap about what kind of help or service is best. The goal is to give someone a tool or service that will help them interact well, given what they are trying to say and how they say it.

Covered organizations can ask people who want aid or services to give them fair notice ahead of time based on how long it takes to get the aid or service. As much as possible, “walk-in” calls for help and services must also be met. 

Conclusion

The best way for covered organizations to ensure they do everything possible is to partner with Unspoken Language Services. Forming a partnership with a professional ASL interpreting service provider ensures your organization is creating an inclusive and accessible environment for everybody and bridging the communication gap. 

Thumbnail Photo Credit to: Photo by wiredforlego
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