Is your organization compliant with the Americans with Disabilities Act (ADA)? CyraCom’s experts reviewed the ADA requirements for language services to help organizations in healthcare, public safety, and businesses provide inclusive accommodations for those protected under the ADA. Use this resource to help give people with disabilities equal access to your services and effectively communicate with your staff.
According to ADA.gov, “the Americans with Disabilities Act (ADA) is a federal civil rights law that prohibits discrimination against people with disabilities in everyday activities.” ADA legislation ensures access to public buildings, businesses, transportation, employment, and communication.
Before the ADA, people with disabilities often faced significant barriers and prejudicial treatment, including a dark history of society treating them as inferior. In past centuries, people with disabilities were often abused, sterilized, or institutionalized away from their families. Most public places were inaccessible to people with mobility challenges, and many services were elusive to those with mental disabilities. Employment was almost impossible, as accessible work environments and accommodations were not required.
Unfortunately, most of these practices were legal until the Americans with Disabilities Act became law a mere 35 years ago. Today, the ADA and greater acceptance and consideration for people with disabilities make it easier to participate in society, though we still have a long way to go.
The ADA explains that a person with a disability is someone who:
Here are just a few disabilities covered by the Americans with Disabilities Act:
When referring to people with disabilities, using accurate, neutral language that emphasizes abilities, not limitations, is crucial. You’ll also want to avoid terms like differently-abled, challenged, handi-capable, or special, as they’re often considered condescending.
Here are a few examples of person-first language from the ADA National Network:
Note: Culturally, many people in the deaf community prefer to be called Deaf or hard of hearing rather than hearing-impaired, as the term focuses negatively on what Deaf individuals can’t do. (National Association of the Deaf)
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Use
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Don't Use
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Person with a disability, people with disabilities
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Person who uses a communication device; uses an alternative method of communication
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Person with a learning disability
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Slow learner
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Student receiving special education services
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Special education student
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Person who has had a stroke
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Stroke victim
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Congenital disability
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Birth defect
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Title I of the ADA prohibits discrimination against qualified individuals with disabilities in all aspects of employment. This provision includes employers that have 15 or more employees. Opportunities such as hiring, training, pay, promotions, and social activities must be equal for people with disabilities.
Title II of the ADA requires state and local governments to make programs and services accessible to individuals with disabilities. One of the primary services defined in Title II is public transportation systems; other services include:
Title III of the ADA ensures equal access to privately owned businesses open to the public, such as doctor’s offices, hospitals, restaurants, hotels, and retail stores.
Title IV of the ADA amends the Communications Act of 1934 by mandating that telephone and internet services must be accessible to individuals with hearing and speech disabilities.
Title V of the ADA explains provisions related to the ADA’s enforcement and relationship with other laws.
People who have communication disabilities, including vision, hearing, or speech disabilities, require different ways to communicate. For example:
People who are blind or have limited vision may prefer to receive information audibly rather than written.
People who are Deaf or hard of hearing may prefer sign language or written information instead of spoken information.
People who have speech disabilities such as lisping or stuttering may prefer written communication compared to oral discussion.
The ADA requires entities related to state and local governments (Title II), public-serving businesses, and non-profit organizations (Title III) to communicate effectively with people who have communication disabilities.
The level of communication between these entities and people with communication disabilities should be as equally effective as communication without disabilities. Any person with a hearing, vision, or speech disability must be able to “communicate with, receive information from, and convey information to the covered entity.”
Because disabilities are incredibly diverse, how your organization accommodates communication will vary for each individual and situation. According to the ADA Effective Communication Guidelines, government entities and businesses should consider the nature, length, complexity, and context of the communication in addition to the person’s standard method of communication. All covered entities must provide the appropriate auxiliary aids and services to communicate clearly and efficiently.
The ADA says:
“When choosing an aid or service, Title II entities are required to give primary consideration to the choice of aid or service requested by the person who has a communication disability. The state or local government must honor the person’s choice, unless it can demonstrate that another equally effective means of communication is available, or that the use of the means chosen would result in a fundamental alteration or in an undue burden.”
“Title III entities are encouraged to consult with the person with a disability to discuss what aid or service is appropriate. The goal is to provide an aid or service that will be effective, given the nature of what is being communicated and the person’s method of communicating.”
“Covered entities may require reasonable advance notice from people requesting aids or services, based on the length of time needed to acquire the aid or service, but may not impose excessive advance notice requirements. “Walk-in” requests for aids and services must also be honored to the extent possible.”
Language services such as interpretation or written translation are considered auxiliary services that help your organization improve communication with people protected by the Americans with Disabilities Act. Examples include:
One of the most common ways your staff can communicate effectively with people who are Deaf or hard of hearing (DHOH) is by using a sign language interpreter.
Unlike spoken language interpreters, sign language interpreters often need additional certifications to be considered qualified in the US or specific states:
“Holders of this certification are hearing and have demonstrated general knowledge in the field of interpreting, ethical decision making and interpreting skills. Candidates earn NIC Certification if they demonstrate professional knowledge and skills that meet or exceed the minimum professional standards necessary to perform in a broad range of interpretation and transliteration assignments.”
“Holders of this certification are deaf or hard of hearing and have demonstrated knowledge and understanding of interpreting, deafness, the Deaf community, and Deaf culture. Holders have specialized training and/or experience in the use of gesture, mime, props, drawings and other tools to enhance communication. Holders possess native or near-native fluency in American Sign Language and are recommended for a broad range of assignments where an interpreter who is deaf or hard-of-hearing would be beneficial.”
Important Note: Don’t assume people with hearing disabilities understand ASL
There isn’t one sign language spoken universally around the world. American Sign Language (ASL) is most common in the US, but your customer or patient may be more familiar with a different form of sign language. Individuals who are DHOH may use alternate communication methods, such as Signed English, the Rochester Method, or home signs. Qualified, professional ASL interpreters should be able to quickly determine whether the individual is proficient in ASL.
Answer: Only in an emergency involving an imminent threat to the safety or welfare of an individual or the public and when a qualified interpreter isn’t available.
Outside of emergencies, a qualified interpreter should be used unless the individual requests that their friend/family member interpret for them, the accompanying person agrees to the request, and the circumstances are deemed appropriate. For example, covered entities should not rely on the companion to interpret if:
Note: Healthcare organizations complying with Section 1557 of the Affordable Care Act and Joint Commission accreditation standards must provide “qualified interpreters,” which does not include relying on the patient’s friends or family members for interpretation.
Video interpretation often saves organizations time and cost compared to on-site interpreters. VRI services are ADA-approved as long as all guidelines are met.
“If VRI is chosen, all of the following specific performance standards must be met:
Adding captions to video or visual content helps people who are DHOH understand the accompanying audio content using on-screen written notation to describe voiceover, speaker differentiation, background noises, music, etc.
Answer: No, captions describe all audio information and transcribe spoken dialogue into English (or the primary language). Subtitles are on-screen written translations of spoken dialogue for viewers who speak different languages.
People with limited vision benefit when written materials are made available in a large print format, making it easier for them to read. Large print is proven to help:
Elderly patients or customers: Although not all senior citizens are visually impaired, many experience vision loss and may find large print more accessible.
People with dyslexia: Studies have shown that reading errors decrease when people with dyslexia read documents with larger text.
People who speak English as a second language: Complex formatting or small text can make reading in a non-native language more difficult even if they are comfortable with the language.
Screen reader tools help people with vision disabilities engage with digital content. You can adapt your website, software, and mobile apps for easier consumption using these tips:
Section 508 of the Rehabilitation Act requires that US federal agencies make their electronic and information technology accessible to people with disabilities. This law also applies to organizations that do business with a federal agency. For Section 508 and OMB M-24-08 compliance, your organization will need to convert your electronic documents into a digital audio format that those with blindness or limited vision can listen to via a laptop, desktop computer, or mobile phone.
While advances in technology like screen readers make it easier to engage, many people who have vision loss prefer the independence of reading text on their own. Some individuals who are blind us braille, a tactile writing system of raised dots that can be read with the fingers, to review written information.
Readability services help you convert content into plain language to help your people with learning disabilities better understand your message. Many studies have shown that plain language affects your bottom line—you can save time, personnel resources, and money. Plus, you will deliver a better experience to your customers or patients. Simple English content can help your team receive fewer calls requesting explanations and see fewer errors on forms. In addition, plain language helps your clients comply more accurately and quickly with requirements.
In addition to the ADA’s recommendations for effective communication, the ADA National Network launched the Spanish Language Outreach (SLO) Project in 2022 to help Spanish-speaking communities access information and technical assistance.
According to the US Census Bureau, there were 5.9 million Hispanic or Latino people with disabilities in the United States in 2022. These Spanish-speaking cultural groups often face underrepresentation and access disparities compared to others, creating barriers to healthcare, education, and employment opportunities. The SLO Project aims to improve access to information by eliminating language barriers and common fears such as immigration status and discrimination.
Providing additional language services for people who speak Spanish or languages other than English can help your organization improve communication and customer service.
For routine appointments or hospital visits, interpreters are often needed to take the medical history of a patient who uses sign language or to discuss a serious diagnosis and its treatment options.
Additional ADA recommendations for healthcare
Providing an accessible electronic copy of a legal document that is being drafted for a client who is blind allows the client to read the draft at home using a computer screen-reading program.
Additional ADA recommendations for businesses
Law enforcement officers may use various auxiliary tools and services to provide citizens who are DHOH with the same level of service as people without hearing disabilities.
Additional ADA recommendations for law enforcement
People who are Deaf or hard of hearing may use a TTY device to communicate over the phone with a 9-1-1 operator.
Additional ADA recommendations for 9-1-1
Beyond legal compliance requirements, making your organization’s services more accessible to people with disabilities helps you provide a better, more inclusive customer experience. Here are a few ways you can go beyond ADA guidelines:
Provide your team with extensive knowledge about different types of disabilities and how to accommodate people who navigate the world differently. Invite experienced, knowledgeable trainers to teach your team about the cultural nuances of disability and provide accommodations that respect individual identities without discrimination or prejudice.
Consult with individuals with disabilities to understand their specific needs and preferences to provide better service, both within your scope of work and for the employees performing the work. Implement adaptable policies in areas like scheduling, work arrangements, and leave policies to accommodate diverse needs.
Beyond language services for people with communication disabilities, providing interpretation and translation services helps you expand your organization’s key messaging even further. For example, providing interpretation services for languages other than ASL or translating written text into plain language or languages other than English can help your organization flourish.
Have questions about ADA compliance or language services?
Contact CyraCom’s experts to learn how you can communicate effectively
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