The Americans with Disabilities Act of 1990 (ADA)
The ADA, a law that was enacted by Congress in 1990 and as later amended, is a wide-ranging civil rights law that prohibits discrimination against persons with disabilities.
TITLE I
Title I of the ADA prohibits discrimination by private employers (with 15 or more employees), state and local governments, employment agencies, and labor unions against qualified persons with disabilities in in all employment practices, including job application procedures, hiring, firing, advancement, compensation, training, and other terms, conditions, and privileges of employment. The ADA’s nondiscrimination standards also apply to federal sector employees under section 501 of the Rehabilitation Act.
TITLE II
Title II of the ADA, prohibits disability discrimination by all public entities at the local (i.e. school district, municipal, city, county) and State level. "Public entities" include not only State or local government, but also any of their departments, agencies, or other instrumentalities. Persons with disabilities must be afforded equal access to all activities, services, and programs offered by public entities, including activities of State legislatures and courts, town meetings, police and fire departments, motor vehicle licensing, and employment. Title II extends to all the activities of State and local governments whether or not they receive Federal funds.
TITLE III
Under Title III, no individual may be discriminated against on the basis of his or her disability with regards to the full and equal enjoyment of the goods, services, facilities, or accommodations of any place of "public accommodation".
"Public accommodations" include hotels, restaurants, theaters, retail stores, dry cleaners, doctors' offices, care providers, educational institutions, amusement parks, bowling alleys, and places of public displays, operated by private entities.
"Public accommodations" include hotels, restaurants, theaters, retail stores, dry cleaners, doctors' offices, care providers, educational institutions, amusement parks, bowling alleys, and places of public displays, operated by private entities.
EFFECTIVE COMMUNICATION
Under the ADA, employers, state and local governments, and places of "public accommodation" are required to ensure that persons with disabilities have equal access to the programs, services, or activities that they offer.
When dealing with people who are Deaf, Deaf-blind, or hard of hearing, this means that there must be "effective communication" to allow for equal access to the programs, services, and activities of these entities.
“Effective communication” means that whatever is written or spoken must be as clear and understandable to persons with disabilities as it is for persons who do not have a disability.
When dealing with people who are Deaf, Deaf-blind, or hard of hearing, this means that there must be "effective communication" to allow for equal access to the programs, services, and activities of these entities.
“Effective communication” means that whatever is written or spoken must be as clear and understandable to persons with disabilities as it is for persons who do not have a disability.
AUXILIARY AIDS AND SERVICES
Equal access ("effective communication") for Deaf and hard of hearing individuals can be achieved through a number of “auxiliary aids and services.”
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The type of aid or service necessary for "effective communication" depends on the length and complexity of the communication as well as the format.
For a brief or simple face-to-face exchange, very basic aids may be appropriate. For example, exchanging written notes may be effective when a Deaf person asks for a copy of a form at the library.
For more complex or lengthy exchanges, more advanced aids and services are required. For example if a Deaf person is involved in meetings, hearings, interviews, medical appointments, training sessions, counseling sessions, or court proceedings; one of the following auxiliary aids and services, such as qualified interpreters, computer-aided real-time transcription (CART), open and closed captioning, video relay, assistive listening devices, and computer terminals are probably more appropriate.
When determining what "auxiliary aid or service" is required for a certain situation, consider how important the communication is, how many people are involved, the length of the communication anticipated, and the context.
For a brief or simple face-to-face exchange, very basic aids may be appropriate. For example, exchanging written notes may be effective when a Deaf person asks for a copy of a form at the library.
For more complex or lengthy exchanges, more advanced aids and services are required. For example if a Deaf person is involved in meetings, hearings, interviews, medical appointments, training sessions, counseling sessions, or court proceedings; one of the following auxiliary aids and services, such as qualified interpreters, computer-aided real-time transcription (CART), open and closed captioning, video relay, assistive listening devices, and computer terminals are probably more appropriate.
When determining what "auxiliary aid or service" is required for a certain situation, consider how important the communication is, how many people are involved, the length of the communication anticipated, and the context.
PRIMARY CONSIDERATION
When a specific auxiliary aid or service is requested by a Deaf or Hard of Hearing individual, you must give primary consideration to that individual’s choice.
“Primary consideration” means that the choice of the individual with a disability, with certain exceptions, should be honored. The individual with a disability is in the best position to determine what type of aid or service will facilitate effective communication.
Not all "auxiliary aids or services" work for all people with disabilities or even for people with one type of disability. Individuals with hearing disabilities have different communication skills and they should be consult to determine what aids or services are necessary to provide effective communication in a particular situations.
“Primary consideration” means that the choice of the individual with a disability, with certain exceptions, should be honored. The individual with a disability is in the best position to determine what type of aid or service will facilitate effective communication.
Not all "auxiliary aids or services" work for all people with disabilities or even for people with one type of disability. Individuals with hearing disabilities have different communication skills and they should be consult to determine what aids or services are necessary to provide effective communication in a particular situations.
QUALIFIED SIGN LANGUAGE INTERPRETER
The best way to ensure accessible communication for persons who are Deaf, Deaf-blind, or hard of hearing is to have a professional interpreter. Sign language interpreters must be qualified.
Qualified interpreter is an interpreter who is able to interpret effectively, accurately and impartially both receptively and expressively, using any necessary specialized vocabulary.” 28 C.F.R. § 36.104.
It is inappropriate to ask family members or other companions to interpret for a person who is Deaf or hard of hearing. Family members or other companions may be unable to interpret accurately and impartially in situations such as in a medical emergency where highly charged emotions may affect the accuracy and impartiality of the family member or friend's interpreting process.
Qualified interpreter is an interpreter who is able to interpret effectively, accurately and impartially both receptively and expressively, using any necessary specialized vocabulary.” 28 C.F.R. § 36.104.
It is inappropriate to ask family members or other companions to interpret for a person who is Deaf or hard of hearing. Family members or other companions may be unable to interpret accurately and impartially in situations such as in a medical emergency where highly charged emotions may affect the accuracy and impartiality of the family member or friend's interpreting process.
ISD is a provider of professional qualified interpreters. Please contact us today to ensure you are in compliance with the American with Disabilities Act.