The passing of the Americans with Disabilities Act (ADA) in 1990 gave way to new rights for Deaf and hard of hearing people. The ADA is a law that prohibits discrimination and provides civil rights protection for Deaf and hard of hearing people, guaranteeing equal opportunity and access. Title I of the ADA focuses on employment discrimination, Title II focuses on State and Local Government, Title III focuses on Public Accommodation, Title IV focuses on telecommunications, and Title V is a list of miscellaneous provisions.
Employment
While many employers do not receive federal funding, Equal Employment Opportunity Laws, in addition to ADA Title I, state that no employer can discriminate against an individual due to Deafness or hearing loss. Employers in the private and public sectors, as well as employment agencies and labor unions cannot discriminate against Deaf or hard of hearing individuals in the areas of recruitment, hiring, training, promotions, benefits, or firing. In addition, all employers must provide reasonable accommodations to Deaf people. Reasonable accommodation is when an employer changes or adjusts the roles of a position to better suit a qualified applicant or employee. Some examples of reasonable accommodations for Deaf or hard of hearing individuals include modifying devices, restructuring job roles, providing alternative modes of communication, providing speech to text options, providing sign language interpreters, or making changes to a workplace that make it more accessible for a Deaf person to complete the essential roles of their job.
Education
ADA Title II states that any agency receiving federal funds cannot discriminate against any individual. Because most educational agencies receive funding from the federal government, they are responsible for making sure Deaf or hard of hearing students have the same access to curriculum, communication skills, and social interaction as all other students, beginning at the preschool level through high school. Some of the ways schools across the country are meeting the needs of Deaf students are with the use of sign language interpreters, transcription, or assistive listening devices. Schools are also required to provide equal opportunities for Deaf students to any activity that is open to the public, so extracurricular activities, assemblies, and school funded field trips all must be able to provide accommodations so that Deaf or hard of hearing students have equal access.
Local and State Government Agencies
Local and state government agencies include public services like healthcare and law enforcement. Under the ADA Titles II and III hospitals and other healthcare providers must provide an effective means of communication for Deaf or hard of hearing individuals. This includes all areas of medial service: emergency room visits, surgery, whether inpatient or outpatient, and clinics. Because communication methods vary greatly among Deaf individuals, these communication methods can be anything from written communication for a quick discussion to interpreters to help a doctor communicate a diagnosis and treatment options. Interpreters include sign language interpreters for those fluent in American Sign Language (ASL), oral interpreters for lip readers, cued speech interpreters, or computer assisted real-time transcription—essentially speech to text. In addition to interpreters and transcription, the ADA established a free teletypewriter (TTY) network so that Deaf and hard of hearing individuals could call hospitals and communicate with a hospital operator. While this process normally takes longer than a simple voice call, it is a viable option when a communication with a hospital is necessary.
Another area where Deaf or hard of hearing individuals are provided protection against discrimination is law enforcement. The ADA explicitly states that Deaf individuals may not be denied access to or service from a peace officer due to their hearing loss. Deaf people must also be provided with an effective means of communication, including effective interpreters who are accurate and impartial. As with healthcare, a variety of communication aids and services can be used to suit the individual situation. Some possible options include gestures and visual aids, written or typed notes, assistive listening devices, sign language or oral interpreters. When communicating with law enforcement via phone, TTY would be used to exchange written messages. When communicating with Deaf individuals regarding traffic enforcement or criminal issues, law enforcement should be trained to communicate effectively with Deaf people by making sure they have the person’s attention, facing the person, conversing in well-lit areas, avoiding background noise, allowing only one person to speak at a time, using short, simple phrases, and not assuming that the Deaf or hard of hearing person can understand them unless they explicitly communicate that. While it may be easier for a peace officer to use the closest person to interpret, it is not wise. It is always better to wait for a trained interpreter as miscommunication can occur often and tension or stress levels can be high when dealing with law enforcement.
Telecommunications
Telecommunications is the act of communicating over a distance via cable, telephone, or broadcast. Title IV of the ADA requires that telephone companies provide TTY services to Deaf and hard of hearing individuals. Title IV also requires that all televised public service announcements produced or funded by the federal government include closed captioning. Closed captioning displays the audio portion of a televised program, whether a public announcement or an entertainment program. Closed captioning accuracy is monitored by both the ADA and the Federal Communications Commission (FCC). The FCC states that captioning must be 99% accurate, should not include more than three lines of captioning at a time and includes other formatting requirements.
Conclusion
The ADA provides protections for Deaf and hard of hearing individuals against discrimination. From education to employment, interacting with the public sector and telecommunications the ADA has built in protections to make sure that Deaf people receive equal access. If you are ever in need of bridging the communication gap and creating an inclusive and accessible environment for all, reach out to Unspoken Language Services, a professional sign language interpreter service.
