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Rights of Deaf/Hard of Hearing
under the ADA
In
each area, there are other rules that may apply to your situation. RAMP can provide more information or answer
your questions.
In
general, the Americans with Disabilities Act expects agencies, businesses, service providers,
and employers to remove barriers that prevent a deaf person from
participating. Some of the rules are being added gradually, so
organizations can have time to make the changes.
The
law does allow for some exceptions, when the changes that would be
needed would cost too much. If an agency to business cannot make the
changes, the law says they must try to do as much as possible to
become accessible for deaf and hearing impaired persons.
The
law also says you need to tell agencies and businesses what you need
to communicate. Notes, interpreters, and telecommunication devices
for the deaf (TDDs) are all ways to communicate, but you need to let
providers know what you are comfortable using.
WHAT
IS THE ADA?
The
Americans with Disabilities Act (ADA) is a law that prohibits
discrimination against people with disabilities, including deaf and
hearing-impaired people. There are four sections in the law:
employment, government, public accommodations, and
telecommunications. Each section of the ADA lists services that
should be provided for deaf individuals. The ADA adds more
protection for handicapped persons to the Rehabilitation Act of
1973.
PUBLIC
ACCOMMODATIONS
Stores,
Businesses, hotels, theatres, restaurants, retail stores, banks,
museums, parks, libraries, and private schools should all provide
auxiliary aids and services for communicating with deaf people.
Sometimes, written notes are enough to communicate information. At
other times, an Assistive listening device, TDD, or an interpreter
is needed.
Public
accommodations or businesses like hotels must provide TDDs when
phones are available for general public. At least one TDD should be
installed in shopping malls, hospital waiting rooms, stadiums,
convention centers, airports, or any building with more than four
pay telephones.
MEDICAL
TREATMENT
Hospitals
that receive money form the U.S. government must provide equal
services to deaf persons. Hospitals must be sure deaf persons can
communicate with doctors and nurses. As a deaf person, you should
choose the kind of communication you prefer: sign/oral interpreter,
written notes, lip reading, Assistive listening devices, or a
combination.
When
important communication is needed, the ADA says the hospital must
provide qualified interpreter. Important communication includes
discussions about your sickness and what kinds of treatment are
needed or available. It also includes registering at the hospital or
anytime you are asked to fill out papers, providing medical
information or when you are discharged. If you cannot understand the
interpreter provided by the hospital, ask for a different
interpreter. The hospital cannot charge you for the interpreter. The
hospital may not have an interpreter. The hospital may not have an
interpreter on staff. If possible, try to make an appointment so the
hospital can arrange for an interpreter to be there.
You
may not always need an interpreter at a hospital. In many routine
situations, such as having your temperature and/or blood pressure
taken, taking medication, or ordering meals, written communication
can be used provide a decoding device for closed caption viewing.
The hospital must also provide you with a TDD.
Classes
given to the general public must also be open for the deaf persons
to attend. When you register for the class, let the hospital know
you are deaf and tell then you need an interpreter, so an
interpreter will be available for the class.
Private
practice doctors are also required to follow the ADA laws.
Communication is just as important at the doctor’s office as it is
at the hospital. Ask for an interpreter or Assistive listening
device. The doctor’s office should provide this at no additional
charge.
EMPLOYMENT
The
ADA says employers cannot discriminate in the job application
process, hiring, firing, salary/pay, promotion, or any other benefit
of being an employee. This means a qualified interpreter should be
available for a job interview. If a verbal test is a part of the job
application process, the employer should provide an appropriate
written test for a deaf applicant.
The
deaf person should be able to do the most important parts of the job
without assistance. Employers should change a job whenever possible
to allow a deaf or hearing impaired person the opportunity to so the
job. If answering the phone is the one small part of the job and you
can and you can do the other parts of the job by yourself, your
employer should assign the phone duties to someone else.
The
ADA covers employers with more than 25 employees. After July 26,
1994 the ADA will cover employers with 15 or more employers.
STATE
AND LOCAL GOVERNMENT
State
and Local government includes a long list of agencies and services
in addition to government offices and courts. Some of these are
social service agencies, jails, police/fire, school systems, public
swimming pools, municipal golf courses, civic arenas, lottery
bureaus, or zoos. Deaf persons should be able to participate in
these services.
Government
agencies may need to provide a qualified interpreter when requested
by the deaf consumer. It is your responsibility, as a consumer, to
ask for an interpreter before the appointment. You are not
responsible for the interpreter’s bill. The agency must pay the
fees. Assistive listening devices may also be used when you request
them and when appropriate.
If
you need to go to court, you must call the court and ask for an
interpreter who is certified. The cost of the interpreter cannot be
added to any court costs. Family members and friends should not act
as interpreter for you. The court will not pay them. You should also
ask for a certified interpreter to work with you and your lawyer.
A
deaf person should not be excused from jury duty just because they
are deaf. The court will provide an interpreter or Assistive
listening device at no cost.
TELECOMMUNICATIONS-CAPTIONING
Movie
theatres do not have to provide captioned films, but other places
that present information on film or TV should either caption the
presentation or provide an interpreter. Aids for deaf and hearing
impaired should be provided for presentations at conventions or
performances at conventions or performances at a hotel.
This information provided by the
Michigan
Association for Deaf, Hearing and Speech Services.
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