Effective Communication & the ADA

Candice Alder- Director of Technical Assistance

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.

Services

• Technical assistance / ADA information• Referral & networking with other disability

organizations • Research • Training• Material dissemination

Technical Assistance• Phone : 800-949-4232

- Routed to your regional center - VRS/relay calls not always routed- Our local phone: 719-444-0268

• Website: www.adainformation.org

Referral

• Common referrals: - Fair Housing - Division of Vocational Rehabilitation - Equal Employment Opportunity- Job Accommodation Network

Training

• Common training topics: - Employment- Education- Communication - Transportation- Service animals

What is the ADA? Americans with Disabilities Act

• Civil rights law• Prohibits discrimination against people with

disabilities• Provides access • Requires integration • Supports independence

Before the ADA • There were limited laws to protect people with

disabilities from discrimination

• Employers often refused to hire people with disabilities

• Colleges provided limited access to people with disabilities

• Interpreters were rarely provided

• Public transportation was not accessible

• People with disabilities were more hidden and excluded

Today

• People with disabilities are protected from discrimination • Employers are required to hire qualified individuals with

disabilities.• Colleges are required to provide access to people with

disabilities. • There are more interpreters available than ever before.• Public transportation is required to be accessible.• People with disabilities are more included

The ADA Covers

Title I - EmploymentTitle II - State & Local GovernmentsTitle III - Private Businesses Title IV - TelecommunicationsTitle V - Miscellaneous

“It depends.”

There is no way to objectivelymeasure the ADA except in thecontext of a specific individual

in a particular situation.

Each part of the ADA must beapplied on an individualized, fact

specific, case-by-case basis.

True or False

The ADA requires that people with disabilities

receive preferential treatment and special privileges.

General Requirements of Title II

• No qualified individual with a disability shall, on the basis of disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any public entity.

General Requirements of Title II

• A public entity, in providing any aid, benefit, or service, may not:

- Deny a qualified individual with a disability the opportunity to participate in or benefit from the aid, benefit, or service.

- Provide different or separate aids, benefits, or services to individuals with disabilities than is provided to others unless such action is necessary .

Reasonable Modifications

• A public entity shall make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless the public entity can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity.

Eligibility Requirements

• A public entity shall not impose or apply eligibility criteria that screen out an individual with a disability from fully and equally enjoying any service, program, or activity, unless such criteria can be shown to be necessary for the provision of the service, program, or activity being offered.

Effective Communications

• A public entity shall take appropriate steps to ensure that communications with applicants, participants, members of the public, and companions with disabilities are as effective as communications with others.

Definition of Companion

• “Companion” means a family member, friend, or associate of an individual seeking access to a service, program, or activity of a public entity, who, along with such individual, is an appropriate person with whom the public entity should communicate.

Providing Effective Communication

• The type of auxiliary aid or service necessary to ensure effective communication will vary in accordance with the method of communication used by the individual.

• Depends on nature, length, and complexity of the communication involved.

Providing Effective Communication

• In order to be effective, auxiliary aids and services must be provided in a timely manner, and in such a way as to protect the privacy and independence of the individual with a disability.

Primary Consideration

• In determining what types of auxiliary aids and services are necessary, a public entity shall give primary consideration to the requests of individuals with disabilities.

True or False

Government agencies should include auxiliary aids

and services as operating expenses in their budgets.

Auxiliary Aids • Qualified interpreters • VRI Interpreters • Notetakers• Real-time computer-aided transcription services (CART) • Written materials• Exchange of written notes• Telephone handset amplifiers• Assistive listening devices • TTYs• Videophones & captioned telephones

Auxiliary Aids

• Qualified readers• taped texts• audio recordings• Brailled materials and displays • screen reader software• magnification software• optical readers • large print materials• accessible electronic and information technology

True or False

The ADA requires that a person be provided

with a sign language interpreter every time they request one.

Qualified Interpreters

• Qualified interpreter means an interpreter who, via a video remote interpreting (VRI) service or an on-site appearance, is able to interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary.

True or False

In order to avoid sign language interpreter fees,

a friend or family member who is skilled in sign languageshould interpret for a person

who is deaf.

Qualified Interpreter

• A public entity shall not require an individual with a disability to bring another individual to interpret for him or her except:

- In an emergency involving an imminent threat where there is no interpreter available

- Where the individual with a disability specifically requests that the accompanying adult facilitate communication and the accompanying adult agrees to provide such assistance, and reliance on that adult for such assistance is appropriate.

True or False

If an employee is compensated for being bilingual,

government agencies and private businesses can require employees

that know sign language to interpret.

Qualified Interpreter

• A public entity shall not rely on a minor child to interpret or facilitate communication, except in an emergency involving an imminent threat to the safety or welfare of an individual or the public where there is no interpreter available.

True or False

The ADA requires certified sign language interpreters.

Qualified Readers

• Qualified reader means a person who is able to read effectively, accurately, and impartially using any necessary specialized vocabulary.

True or False

In rural areas where there are few qualified sign language interpreters, or when agencies and

businesses rarely need sign language interpreters, video remote interpreting is a

viable solution.

Video Remote Interpreting

• Video remote interpreting (VRI) service means an interpreting service that uses video conference technology over dedicated lines or wireless technology offering high-speed, wide-bandwidth video connection that delivers high-quality video images.

Video Remote Interpreting

If a public entity that chooses to provide qualified interpreters via VRI services they must provide• Real-time, full-motion video and audio over a dedicated

high-speed, wide-bandwidth video connection or wireless connection that delivers high-quality video images.

• An image that is large enough to display the interpreter and the participating individual

• A clear, audible transmission of voices; and • Adequate training to users of the technology.

Telecommunications

• Where a public entity communicates by telephone with applicants and beneficiaries, text telephones (TTYs) or equally effective telecommunications systems shall be used to communicate with individuals who are deaf or hard of hearing or have speech impairments.

Telecommunications

• When a public entity uses an automated-attendant system such as voice mail, or an interactive voice response system, that system must be compatible with all FCC communication systems.

Telecommunications

• A public entity shall respond to telephone calls from a telecommunications relay service established under title IV of the ADA in the same manner that it responds to other telephone calls.

Telephone emergency services

• Telephone emergency services, including 911 services, shall provide direct access to individuals who use TTYs and computer modems.

Information and signage

• A public entity shall ensure that persons with impaired vision or hearing can obtain information as to the existence and location of accessible services, activities, and facilities.

Defenses

• A public entity does not have to take any action that would result in a fundamental alteration in the nature of a service, program, or activity or in undue financial and administrative burdens.

• If an action would result in a fundamental alteration or burden, public entities shall take other actions to ensure program access.

Defenses

• The decision that compliance would result in such alteration or burdens must be made by the head of the public entity or his or her designee after considering all resources available for use in the funding and operation of the service, program, or activity and must be accompanied by a written statement of the reasons for reaching that conclusion.

Questions