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FAQ's about the Americans with Disabilities Act (ADA) and providing access to Deaf people
Q What is my responsibility under the Americans with Disabilities Act?
Ans. Section III of the ADA states that "No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases or operates a place of public accommodations". This includes facilities operated by a private entity, whose operations affect commerce. For example: places of lodging, restaurants, places of entertainment, stores or rental establishments, professional offices such as doctors and lawyers, public transportation, social service establishments,
and places for exercise or recreation.
Q What is an appropriate Auxiliary Aid?
Ans. "The public entity must provide an opportunity for individuals with disabilities to request the auxiliary aid and service of their choice. This expressed choice shall be given primary consideration by the entity." In the case of Deaf people, this may include sign language interpreters, captioning, or telephone access through a TTY.
Q I believe the cost of the interpreter is an undue burden to my business.
Ans. Undue burden is not measured by the amount of income the business is receiving from a deaf client, patient, or customer. Instead, undue burden is measured by the financial impact on the whole entity. The cost of auxiliary aids is slight when compared to the overall budget of most entities.
Q Is the expense of an interpreter a tax deduction?
Ans. Yes. As a business expense it is included as a tax-deductible item.
Q Can't a family member or friend interpret?
Ans. The family member may not be qualified to render the necessary interpretation because of factors such as emotional or personal involvement. There are issues of confidentiality that may adversely affect the ability to interpret “effectively, accurately, and impartially” and may adversely affect the deaf person's willingness to disclose pertinent information.
Q Can the Cost of an interpreter be charged to the Deaf person?
Ans. "A public accommodation may not impose a surcharge on a particular individual with a disability or any group of individuals with disabilities…to cover the costs of measures such as the provision of auxiliary aids."
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