Effective Communication and the ADA

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Effective Communication and the ADA

• DBTAC Rocky Mountain ADA Center
• CO, MT, ND, SD, UT, WY
• 800/949-4232 (V, TTY) www.adainformation.org

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Disclaimer

• Information, materials, and/or technical
  assistance are intended solely as informal
  guidance, and are neither a determination of your
  legal rights or responsibilities under the ADA,
  nor binding on any agency with enforcement
  responsibility under the ADA.
• DBTAC authorized by NIDRR to provide information,
  materials, and technical assistance to
  individuals and entities that are covered by the
  ADA.

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Covered Individuals

• Have an impairment that substantially limits a
  major life activity
• Have a record of an impairment
• Regarded by others has having an impairment

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Statistics

• 53 million Americans with disabilities
• Wheelchair users 2
• Seizure disorders 4
• Blind/low vision 15
• Mental health 25
• Deaf/hard-of-hearing 50
• 30 of families with one (or more) member with a
  disability

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Who Has Responsibilities?

• Employers with 15 or more employees
• State and local governments
• Private businesses

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ADAs Communication Requirements

• Overview of Title II Title III requirements
• Relevant definitions

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Communication Requirements

• Communication with individuals with disabilities
  must be as effective as communication with others
• Extra charges for people with disabilities are
  not permitted (no surcharge)
• All service users can be charged equally

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Equally Effective Communication

• Provide appropriate auxiliary aids services
• No requirement to provide personal devices
  services
• No fundamental alteration or undue burden required

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Fundamental Alteration

• Fundamental alteration changes the essence of a
  program or service
• A modification so significant that it alters the
  essential nature of the goods, services,
  facilities, privileges, advantages, or
  accommodations offered DOJs TAM III 4.3600

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Undue Burden

• Significant difficulty or expense
• Factors to consider
• Nature cost
• Overall financial resources
• Geography and location
• Parent organizations resources and operation

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Important!
If provisions for effective communication cause a
fundamental alteration or undue burden, the
entity must take other actions or explore other
provisions to ensure equal access to goods and
services for individuals with disabilities.
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Auxiliary Aids Services

• Wide range of services devices that promote
  effective communication
• For individuals with impairments that
  substantially limit the ability to communicate
  (e.g., vision, hearing, or speech impairments)
• Examples include, but are not limited to
• Deaf/Hard-of-hearing- qualified interpreters,
  written materials, pagers, captioning
• Blind/Low vision- qualified readers, large print,
  audio recordings
• Speech- TTYs, computer terminals, speech
  synthesizers

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Auxiliary Aids Services cont.

• Factors to consider when selecting
• Duration of exchange or meeting
• Complexity of issue to be discussed
• Context of communication
• Number of people present
• Importance of event or meeting

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Who selects?

• Title II- Primary Consideration
• Honor choice of individual unless another equally
  effective means available or undue
  burden/fundamental alteration
• Title III- Public accommodation decides
• Consult with individual wherever possible

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Disability-specific Information

• Etiquette strategies and requirements for
  specific communication-related disabilities

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Blindness/Low Vision

• May have a visual impairment that is not obvious
• Identify yourself first before interacting
• Guide dogs are working animals, not pets
• If a new customer, offer tour of facility
• Offer arm, dont take his, if guidance is needed

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More Etiquette Strategies

• Offer to read menu or other printed materials
• Use clock orientation when describing location
  and offer detailed directions for orientation
• Use large print (16-18 pt. font)
• Use good lighting
• Make signs easy to read
• Loss of vision ? Loss of hearing

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Accessible Visual Communication

• Large print (16-18 pt. font)
• Braille
• Audio tape recordings
• Qualified readers
• Computer disks or email

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Deaf/Hard-of-hearing

• Sign language is not English, but a foreign
  language
• Not all individuals with hearing loss use sign
  language
• Exchanges of complex information may require a
  qualified interpreter
• If simple exchange, note may be OK
• Speak directly to the person, not the interpreter
• Dont yell!

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More Etiquette Tips

• Get attention by tapping on shoulder or waving
  hand
• Quiet, well-lit room best for interaction
• Speak clearly and dont cover your mouth
• Familiarize yourself with relay services (711)
  and TTYs

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Accessible Aural Information

• Writing/notes
• Telephone amplifiers
• Assistive listening systems devices
• Captioning
• Text telephones or relay services
• Qualified interpreters
• Computer-aided real time reporting (CART)

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Qualified Interpreters

• Able to sign to the individual who is deaf and
  voice to hearing person what is being signed
• Able to communicate effectively, accurately, and
  impartially
• Able to use specialized vocabulary as necessary
• Able to use sign language system used by the
  individual who is deaf

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Interpreter-Related Details

• May not require an individual to provide own
  interpreter
• Includes relatives and friends (because
  communication must be impartial)
• Certified interpreters not required

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Speech Impairments

• May result from stroke or severe hearing loss
• Person may stammer or may be difficult to
  understand
• Dont interrupt or finish sentences
• Ask to repeat when necessary
• Use notes or other written communication when
  necessary

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Accessible Spoken Information

• Written notes
• Text telephones or relay services
• Computer terminals email
• Speech synthesizers
• Communication assistants

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TTY Information

• TTY-related ADA requirements

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TTY Basics

• TTYs (or TDDs) recommended where telephone is
  major part of business or program
• Emergency services (911) must provide direct
  access to TTY users

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Title IV Telephone Relay
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TTY Relay Service Etiquette

• Learn to recognize incoming TTY calls
• Identify yourself when you pick up
• TTY calls can take longer than standard calls
• Dont be nervous. Its just a phone!

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Effective Communication Resources

• Key organizations websites

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Organizations

• DBTAC 800/949-4232 (V, TTY) www.adainformation.org
  
• U.S. Dept. of Justice 800/514-0301 (V)
  800/514-0383 (TTY) www.ada.gov
• Job Accommodation Network
  800/526-7234 (V, TTY) www.jan.wvu.edu
• Registry of Interpreters for the Deaf
  703/838-0300 (V) 703/838-0459 (TTY) www.rid.org

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Local Organizations

• Local Centers on Deafness
• State Commissions on Deafness or Blindness
• State schools for the deaf blind
• Local interpreting agencies
• Local chapters of disability support groups
• Centers for Independent Living