Americans with Disabilities Act

The Americans with Disabilities Act (ADA) prohibits discrimination against Deaf and hard of hearing people in places of public accommodation. Examples include, but are not limited to, hotels, non profit organizations, theaters, restaurants, doctors' and lawyers' offices, retail stores, funeral parlors, museums, parks, libraries, day care centers, and private schools. It also effects state, local and federal governments, factories, office buildings and other businesses.

Places of public accommodation must be accessible to individuals with disabilities. For Deaf and hard of hearing people, this means removing barriers to communication by providing "auxiliary aids and services." For individuals who use sign language, interpreters are often needed to provide effective communication. The justice department warns that family members and friends may not be able to provide impartial or confidential interpreting, even if they are skilled sign language users.

A public accommodation may not impose a surcharge on an individual with a disability to cover the costs of measures, such as provisions of auxiliary aids that are required to provide that individual with the non-discriminatory treatment required by the Act.

The ADA emphasizes that public accommodations must take steps necessary to ensure that an individual with a disability will not be excluded, denied services, segregated or otherwise treated differently. In those situations requiring and interpreter, the public accommodation must secure the services of a qualified interpreter unless an undue burden would result, though the undue hardship test is rarely satisfied. Under the test, the cost of the interpreting services is not compared to the fee paid be the individual, for the particular services provided, but to the provider's overall financial budget and operations.

For the most part, complying with the ADA is fairly simple and can be considered a normal part of doing business and a part of the cost is tax deductible. For more information on the legal obligations associated with the ADA, please contact our Program Manager at jason@wnydas.org, or contact the ADA hotline at 800-514-0301.