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Department of Justice
Civil Rights Division
Disability Rights Section
ADA
Requirements
Effective Communication
Overview
The Department of Justice People who have vision, hearing, or speech disabilities
(“communication disabilities”) use different ways to com-
published revised final municate. For example, people who are blind may give
and receive information audibly rather than in writing
regulations implementing
and people who are deaf may give and receive informa-
the Americans with tion through writing or sign language rather than through
speech.
Disabilities Act (ADA) for
The ADA requires that title II entities (State and local govern-
title II (State and local ments) and title III entities (businesses and nonprofit organi-
zations that serve the public) communicate effectively with
government services)
people who have communication disabilities. The goal is
and title III (public to ensure that communication with people with these dis-
abilities is equally effective as communication with people
accommodations and without disabilities.
commercial facilities)
This publication is designed to help title II and title III enti-
on September 15, 2010, ties (“covered entities”) understand how the rules for effec-
tive communication, including rules that went into effect on
in the Federal Register.
March 15, 2011, apply to them.
These requirements, or
• The purpose of the effective communication rules is to
rules, clarify and refine ensure that the person with a vision, hearing, or speech
disability can communicate with, receive information
issues that have arisen
from, and convey information to, the covered entity.
over the past 20 years and
• Covered entities must provide auxiliary aids and services
contain new, and updated,
when needed to communicate effectively with people
requirements, including who have communication disabilities.
2 ADA Requirements
Effective Communication
and information technology that is acces- Video remote interpreting (VRI) is a fee-
sible (either independently or through assis- based service that uses video conferencing
tive technology such as screen readers). technology to access an off-site interpreter
to provide real-time sign language or oral
Real-time captioning (also known as com- interpreting services for conversations
puter-assisted real-time transcription, or between hearing people and people who
CART) is a service similar to court reporting are deaf or have hearing loss. The new
in which a transcriber types what is being regulations give covered entities the choice
said at a meeting or event into a computer of using VRI or on-site interpreters in situ-
that projects the words onto a screen. This ations where either would be effective.
service, which can be provided on-site or re- VRI can be especially useful in rural areas
motely, is particularly useful for people who where on-site interpreters may be difficult
are deaf or have hearing loss but do not use to obtain. Additionally, there may be some
sign language. cost advantages in using VRI in certain cir-
cumstances. However, VRI will not be effec-
The free nationwide telecommunications tive in all circumstances. For example, it will
relay service (TRS), reached by calling not be effective if the person who needs the
7-1-1, uses communications assistants (also interpreter has difficulty seeing the screen
called CAs or relay operators) who serve as (either because of vision loss or because
intermediaries between people who have he or she cannot be properly positioned to
hearing or speech disabilities who use a see the screen, because of an injury or other
text telephone (TTY) or text messaging and condition). In these circumstances, an on-
people who use standard voice telephones. site interpreter may be required.
The communications assistant tells the tele-
phone user what the other party is typing If VRI is chosen, all of the following specific
and types to tell the other party what the performance standards must be met:
telephone user is saying. TRS also provides
speech-to-speech transliteration for callers • real-time, full-motion video and
who have speech disabilities. audio over a dedicated high-speed,
wide-bandwidth video connection
Video relay service (VRS) is a free, sub- or wireless connection that delivers
scriber-based service for people who use high-quality video images that do
sign language and have videophones, not produce lags, choppy, blurry, or
smart phones, or computers with video grainy images, or irregular pauses in
communication capabilities. For outgoing communication;
calls, the subscriber contacts the VRS inter-
preter, who places the call and serves as an • a sharply delineated image that is large
intermediary between the subscriber and enough to display the interpreter’s face,
a person who uses a standard voice tele- arms, hands, and fingers, and the face,
phone. The interpreter tells the telephone arms, hands, and fingers of the person
user what the subscriber is signing and using sign language, regardless of his or
signs to the subscriber what the telephone her body position;
user is saying.
ADA Requirements 3
Effective Communication
• a clear, audible transmission of voices; Other solutions may be needed where the
and information being communicated is more
extensive or complex. For example:
• adequate staff training to ensure quick
set-up and proper operation. • In a law firm, providing an accessible
electronic copy of a legal document that
is being drafted for a client who is blind
Effective Communication allows the client to read the draft at
Provisions home using a computer screen-reading
program.
Covered entities must provide aids and ser-
vices when needed to communicate effec- • In a doctor’s office, an interpreter
tively with people who have communication generally will be needed for taking the
disabilities. medical history of a patient who uses
sign language or for discussing a serious
The key to deciding what aid or service is diagnosis and its treatment options.
needed to communicate effectively is to
consider the nature, length, complexity, and A person’s method(s) of communication
context of the communication as well as the are also key. For example, sign language
person’s normal method(s) of communica- interpreters are effective only for people
tion. who use sign language. Other methods of
communication, such as those described
Some easy solutions work in relatively above, are needed for people who may have
simple and straightforward situations. For lost their hearing later in life and do not use
example: sign language. Similarly, Braille is effec-
tive only for people who read Braille. Other
• In a lunchroom or restaurant, reading methods are needed for people with vision
the menu to a person who is blind disabilities who do not read Braille, such as
allows that person to decide what dish providing accessible electronic text docu-
to order. ments, forms, etc., that can be accessed by
the person’s screen reader program.
• In a retail setting, pointing to product
information or writing notes back and Covered entities are also required to accept
forth to answer simple questions about telephone calls placed through TRS and
a product may allow a person who is VRS, and staff who answer the telephone
deaf to decide whether to purchase the must treat relay calls just like other calls.
product.
Many deaf-blind individuals use support service providers (SSPs) to assist them
in accessing the world around them. SSPs are not “aids and services” under the
ADA. However, they provide mobility, orientation, and informal communication
services for deaf-blind individuals and are a critically important link enabling them
to independently access the community at large.
4 ADA Requirements
Effective Communication
The communications assistant will explain The ADA places responsibility for provid-
how the system works if necessary. ing effective communication, including
the use of interpreters, directly on covered
Remember, the purpose of the effective entities. They cannot require a person to
communication rules is to ensure that the bring someone to interpret for him or her.
person with a communication disability can A covered entity can rely on a companion
receive information from, and convey infor- to interpret in only two situations.
mation to, the covered entity.
(1) In an emergency involving an im-
minent threat to the safety or welfare
Companions of an individual or the public, an adult
or minor child accompanying a person
In many situations, covered entities commu- who uses sign language may be relied
nicate with someone other than the person upon to interpret or facilitate commu-
who is receiving their goods or services. nication only when a qualified inter-
For example, school staff usually talk to a preter is not available.
parent about a child’s progress; hospital
staff often talk to a patient’s spouse, other (2) In situations not involving an im-
relative, or friend about the patient’s condi- minent threat, an adult accompanying
tion or prognosis. The rules refer to such someone who uses sign language may
people as “companions” and require cov- be relied upon to interpret or facilitate
ered entities to provide effective communi- communication when a) the individual
cation for companions who have communi- requests this, b) the accompanying
cation disabilities. adult agrees, and c) reliance on the ac-
companying adult is appropriate under
The term “companion” includes any family the circumstances. This exception does
member, friend, or associate of a person not apply to minor children.
seeking or receiving an entity’s goods or
services who is an appropriate person with Even under exception (2), covered entities
whom the entity should communicate. may not rely on an accompanying adult to
interpret when there is reason to doubt the
person’s impartiality or effectiveness. For
Use of Accompanying Adults or example:
Children as Interpreters
• It would be inappropriate to rely on
Historically, many covered entities have ex- a companion to interpret who feels
pected a person who uses sign language to conflicted about communicating bad
bring a family member or friend to interpret news to the person or has a personal
for him or her. These people often lacked stake in the outcome of a situation.
the impartiality and specialized vocabulary
needed to interpret effectively and accu- • When responding to a call alleging
rately. It was particularly problematic to use spousal abuse, police should never rely
people’s children as interpreters. on one spouse to interpret for the other
spouse.
ADA Requirements 5
Effective Communication
6 ADA Requirements
Effective Communication
January 2014
ADA Requirements 7
The Americans with Disabilities Act authorizes the Department of Justice (the Department) to
provide technical assistance to individuals and entities that have rights or responsibilities under the
Act. This document provides informal guidance to assist you in understanding the ADA and the
Department's regulations.
This guidance document is not intended to be a final agency action, has no legally binding effect,
and may be rescinded or modified in the Department’s complete discretion, in accordance with
applicable laws. The Department’s guidance documents, including this guidance, do not establish
legally enforceable responsibilities beyond what is required by the terms of the applicable statutes,
regulations, or binding judicial precedent.