Updated on Monday, January 4, 2016
Category: Government, Interpreting, Medicine
The Americans with Disabilities Act of 1990 established a series of measures to prohibit instances of discrimination because of a person’s disability. The ADA requires that the communication needs of hard of hearing and deaf persons are met, and this frequently demands the use of an American Sign Language (ASL) interpreter.
Sign Language Interpreting & Discrimination Law
The ADA very clearly states the need for proper communication with hard of hearing and deaf individuals.
Specifically, the ADA states:
“No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation.”
Additionally, discrimination includes:
“…a failure to take such steps as may be necessary to ensure that no individual with a disability is excluded, denied services, segregated or otherwise treated differently than other individuals because of the absence of auxiliary aids and services…”
The ADA definition of “auxiliary aids and services” includes “qualified interpreters or other effective methods of making aurally delivered materials available to individuals with hearing impairments.”
Therefore, any place of public accommodation is required to provide sign language interpreters or other effective means of communication for hard of hearing individuals. Depending on the situation, other effective means of communication may include assistive listening devices.
Where Sign Language Interpreting Is Required
One extremely important area covered by the ADA is the medical field, where sign language interpreting services are often required. Hospitals, for instance, must provide an appropriate means of communication to any patients, family members or hospital visitors who may be hearing impaired. This is applicable in all hospital areas, from the emergency room to the gift shop.
In some cases, the ADA specifies that an effective form of communication may consist simply of a written note, but if a conversation is more complicated — such as explaining a patient’s symptoms or a medical procedure — a qualified ASL interpreter may be necessary.
The ADA extends beyond medical settings and also covers areas like the legal, education, law enforcement and employment systems.
If a company is interviewing a deaf individual, for instance, they are required to provide sign language interpreting. Similarly, hard of hearing defendants in a legal proceeding must be provided with an interpreter.
The ADA even covers the hospitality industry. For example, hotels must meet hard of hearing communication needs by providing a teletypewriter — the device hard of hearing persons need in order to use a telephone — to guest rooms upon request, and they must also have a teletypewriter available at the front desk.
Penalties for Non-Compliance
According to ADA standards, it is usually up to the institution in question to provide — and pay for — any necessary sign language interpreting. If an institution does not comply by providing ASL interpreting to meet the needs of a hard of hearing individual, it may suffer serious penalties.
In a 2008 disability discrimination and punitive damages case, a deaf woman successfully sued a New Jersey doctor who refused to provide her with a sign language interpreter after she asked for one on multiple occasions. The jury agreed that this qualified as discrimination and ruled unanimously in favor of a $400,000 award.
Wal-Mart has also been faced with disability discrimination complaints. In 2000, the mega retailer settled a case for $135,500, brought by two deaf individuals who had applied for jobs at a Wal-Mart in Tucson, Arizona. The lawsuit was brought under the ADA.
As part of the settlement, Wal-Mart agreed to provide sign language interpreting to both individuals during their training and orientation, as well as during any scheduled meetings and work evaluations.
It’s All About Effective Communication
The key phrase used by the ADA when it comes to deaf and hard of hearing individuals is “effective communication.” Whatever is necessary to ensure effective communication is required, by law, to be done.
Although the details of what “effective communication” entails may be hazy in some cases, there’s no doubt that ultimately sign language interpreting is the most straightforward way for institutions to fulfill their obligations under the ADA.