formerly Disability Law & Advocacy Center of TNEQUALITY. INCLUSION. JUSTICE

MEMPHIS | NASHVILLE | KNOXVILLE800.342.1660 | www.disabilityrightstn.org | gethelp@disabilityrightstn.org

EFFECTIVE COMMUNICATION IN BUSINESS AND GOVERNMENT SETTINGSProviding effective communication to consumers who are deaf, hard of hearing, blind, or deaf-blind isn’t just good business. It’s the law. Disability Rights Tennessee

(DRT) is a nonprofit legal services organization

dedicated to protecting the rights of Tennesseans with

disabilities. DRT is the federally mandated

Protection & Advocacy System for Tennessee.

ADA REQUIREMENTSThe Americans with Disabilities Act (ADA) and related laws require government institutions and businesses to provide effective communication to individuals with disabilities. Therefore, businesses and government services must provide auxiliary aids/services to ensure effective communication at no cost to their consumers with disabilities.

Ask consumers about their communication needs to determine the most effective auxiliary aid/service. Examples include:

Qualified Sign Language InterpreterVideo Remote Interpreting ServicesCART (Computerized AssistedRealtime Translation)

Exchange of Written NotesOpen or Closed CaptioningNote TakerBraille/Large Print

EFFECTIVE COMMUNICATIONSome people with disabilities use different ways to communicate. For example, people who are blind usually give and receive information audibly rather than in writing and people who are deaf generally communicate through sign language. When effective communication is provided, everyone involved can understand and convey relevant information. This is achieved through auxiliary aids/services that make communication possible between all parties.

Examples include, but are not limited to:

All Businesses and Government Institutions Must Ensure Effective Communication

AttorneysCollegesCourtsDentistsEntertainment Venues Financial InstitutionsFuneral HomesGovernment Offices

Health ClinicsHospitalsHousing ProvidersJails/PrisonsLibrariesMedical ProvidersMental Health ProvidersPolice

Polling PlacesSchoolsSocial Security AdministrationSporting EventsUtility ProvidersVehicle DealershipsVocational Rehabilitation Services

This document is provided for general reference purposes only. None of the information in this document is legal advice. To obtain legal advice regarding these issues, you should consult an attorney. Alternative formats available upon request.

DRT is primarily funded by the Administration for Children and Families, the Substance Abuse and Mental Health Services Administration, the Rehabilitation Services Administration, the Health Resources and Services Administration, and the Social Security Administration.

FREQUENTLY ASKED QUESTIONS

How do I know if a customer needs an auxiliary aid or service?

Generally, the consumer must request an auxiliary aid or service before the business/government has an obligation to provide it. However, it may be helpful to offer to provide a sign language interpreter or other auxiliary aid/service if there is difficulty communicating with the consumer with a disability.

Who chooses the type of the auxiliary aid/service needed?

The business is responsible for selecting the auxiliary aid/service used, but regardless of what aid/service is chosen it must result in effective communication. Businesses should consider the consumer’s preference when choosing an aid/service, since the consumer is best aware of their own communication needs.

Who has to pay for the auxiliary aid/service?

The business must provide and pay for the auxiliary aid/service for the consumer. The fee is an overhead cost of running a business.

Do people who are deaf, hard of hearing, or deaf-blind need a sign language interpreter?

For the majority of people who were born deaf or became deaf as children, American Sign Language (ASL) is their primary language and English is their second language. Most individuals who are deaf need the services of a qualified sign language interpreter in order to understand complex or lengthy communications. Businesses cannot require consumers to have a family member or friend interpret.

Keep in mind ASL is not English. So, written notes may work for only simple communications if at all. In addition, most people do not read lips well enough to engage in conversations.

Where can I find resources on qualified sign language interpreters?

Centers for the Deaf, Deaf-Blind, and Hard of Hearing:http://www.tn.gov/assets/entities/humanservices/attachments/Deaf_Centers.pdf

Registry of Interpreters for the Deaf: http://www.rid.org

Does a consumer with a hearing aid or cochlear implant need an auxiliary aid/service?

Maybe. Hearing loss varies with each person. Hearing aids and cochlear implants may help some people to understand speech more clearly in some situations.

How can businesses/government communicate with people who are blind or have low vision?

This depends on the consumer’s specific needs and the type of information. Options include: reading short information (i.e. a menu) out loud, providing alternate formats (Braille or audio or electronic versions), and large print.

How can businesses/government communicate with people who have intellectual or cognitive disabilities?

Consumers with an intellectual or cognitive disability may need information that is simplified or presented in alternate formats, such as pictures. It may also be helpful to break concepts into smaller pieces or repeat them.

POTENTIAL TAX INCENTIVES

Small businesses may be entitled to tax credits or deductions for making programs or services more accessible to individuals with disabilities. More information is available at the ADA Business Connection website: ada.gov/business.htm

AttorneysCollegesCourtsDentistsEntertainment Venues Financial InstitutionsFuneral HomesGovernment Offices

Health ClinicsHospitalsHousing ProvidersJails/PrisonsLibrariesMedical ProvidersMental Health ProvidersPolice

Polling PlacesSchoolsSocial Security AdministrationSporting EventsUtility ProvidersVehicle DealershipsVocational Rehabilitation Services