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Hello and welcome to the Disability Law Lowdown’s ASL podcast. My name is Danny Warthling and I am one of your hosts for the ASL podcasts. We’re so glad that you found us and we hope you enjoy the ASL series of podcasts we’re putting together.

Today’s podcast is about requesting a sign language interpreter and when one must be provided. In the last podcast, we talked about the 5 different titles of the ADA and the rights that are provided under each title. It is important to note that the ADA does not say “Every deaf or hard of hearing person gets an interpreter.” The ADA says a person with a disability is entitled to auxiliary aids and services.

Auxiliary aids and services can be many things, including qualified interpreters, notetakers, CART transcription services, written or printed materials, telephone handset amplifiers, assistive listening devices, open and closed captioning, videotext displays, such as video or a screen with PowerPoint, or other means of providing effective communication.

So how do you ensure effective communication with a Deaf or hard of hearing person? One person might need an interpreter. Another person might need an FM system. A person with hearing aids may not need anything else. What a person needs really depends on the individual. The ADA requires that you look at each person and analyze their needs seperately, one solution will not work for everyone.

Title I of the ADA covers employment. There are definitely times when an interpreter may be needed for effective communication and the employer pays for that interpreter, even if you don't need an interpreter for your day-to-day work. If a business has more than 15 employees, they have to provide an interpreter for things like a job interview, discussing job performance, or for important meetings. Those are times when you must have effective communication. We will discuss reasonable accommodations in more detail in a future podcast.

Title II applies to state and local government programs. Under Title II, if you need an interpreter for effective communication, one must be provided sometimes, but not always. Whether you need an interpreter depends on the meeting or event. For example, if you go to the City Water Department to pay your bill, you don't need an interpreter. You just pay your bill and leave. It's short, not a lot of communication required. But if you are protesting your property taxes and you have an appointment with the taxing authority, then they must provide an interpreter for that meeting. Effective communication is vital in that situation. The government office cannot charge you for the interpreter. They pay for the interpreter, not you.

If you must appear in court, whether you are involved in a lawsuit, are a defendant, or are a witness, you have the right to an interpreter. It's important that you notify the court early that you need an interpreter so they can plan. Don't wait until the last minute. You can't expect that an interpreter will just be waiting in a courtroom or at a jail or a library or park or wherever. Do you think interpreters are just sitting there waiting to be needed? Of course not. You have to request an interpreter as far in advance as possible.

(Part One ends here and Part Two begins with the following) Title III covers places of public accommodation. So what are places of public accommodation? For example, stores, spas, salons, dry cleaners, restaurants, comedy clubs, bars, gas stations, movie theaters, laundro-mats, funeral homes, hospitals, lawyer offices, doctor offices, insurance offices, banks, sports stadiums – just about any place you can think of where the public can go. Those are places of public accommodation.

One thing that confuses some small business owners is that they are covered by Title III, even if they don’t have any employees. They think, "Title III says I have to provide access, Title I says I don't." So let me explain.

Whether an interpreter is needed really depends on the event. If you go into a restaurant, do you need an interpreter? No. Just point to what you want in the menu. But if you go to the doctor, or to see a lawyer, or to meet with a financial planner, you do need an interpreter. Effective communication is vital in those situations. And remember, they cannot charge you for the interpreter.

The ADA Centers get a lot of calls from people confused about whether doctors and lawyers have to provide an interpreter. It comes back to the importance of the communication. If you're talking about something that will affect your health or a serious legal problem, then that's important and you must have effective communication. The Department of Justice has said “It is not difficult to imagine a wide range of communications involving areas such as health, legal matters, and finances that would be sufficiently lengthy or complex to require an interpreter for effective communication.” You must request an interpreter in advance so they have enough time to arrange an interprer for you. Tell the office that you must have an interpreter for effective communication.

Thanks for watching this ASL podcast on your rights to effective communication under the ADA. For more information, call 1.800.949.4232 (V/TTY) or visit our website at ASL.DisabilityLawLowdown.com.

I hope you enjoyed watching this ASL video podcast. You can subscribe to the podcast so you never miss an episode. You can subscribe for free through iTunes or by going to ASL.DisabilityLawLowdown.com The Disability Law Lowdown is sponsored by a network of ten ADA Centers around the country. The ADA Centers provide training and technical assistance on the Americans with Disabilities Act and other disability-related laws. You can call us at 1-800-949-4232. The ADA Centers are supported by NIDRR.