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U.S. Department of Justice
Civil Rights Division
Disability Rights Section
ADA
Requirements
Effective Communication
Overview
The Department of Justice
published revised final
regulations implementing
the Americans with
Disabilities Act (ADA) for
title II (State and local
government services)
and title III (public
accommodations and
commercial facilities)
on September 15, 2010,
in the Federal Register.
These requirements, or
rules, clarify and refine
issues that have arisen
over the past 20 years and
contain new, and updated,
requirements, including
the 2010 Standards for
Accessible Design (2010
Standards).
People who have vision, hearing, or speech disabilities
(“communication disabilities”) use different ways to com-
municate. For example, people who are blind may give
and receive information audibly rather than in writing
and people who are deaf may give and receive informa-
tion through writing or sign language rather than through
speech.
The ADA requires that title II entities (State and local govern-
ments) and title III entities (businesses and nonprofit organi-
zations that serve the public) communicate effectively with
people who have communication disabilities. The goal is
to ensure that communication with people with these dis-
abilities is equally effective as communication with people
without disabilities.
This publication is designed to help title II and title III enti-
ties (“covered entities”) understand how the rules for effec-
tive communication, including rules that went into effect on
March 15, 2011, apply to them.
• The purpose of the effective communication rules is to
ensure that the person with a vision, hearing, or speech
disability can communicate with, receive information
from, and convey information to, the covered entity.
• Covered entities must provide auxiliary aids and services
when needed to communicate effectively with people
who have communication disabilities.
• The key to communicating effectively is to consider
the nature, length, complexity, and context of the
communication and the person’s normal method(s) of
communication.
Effective Communication
• The rules apply to communicating
with the person who is receiving the
covered entity’s goods or services
as well as with that person’s parent,
spouse, or companion in appropriate
circumstances.
Auxiliary Aids and Services
The ADA uses the term “auxiliary aids and
services” (“aids and services”) to refer to
the ways to communicate with people who
have communication disabilities.
• For people who are blind, have vision
loss, or are deaf-blind, this includes
providing a qualified reader; information
in large print, Braille, or electronically
for use with a computer screen-reading
program; or an audio recording of
printed information. A “qualified” reader
means someone who is able to read
effectively, accurately, and impartially,
using any necessary specialized
vocabulary.
• For people who are deaf, have hearing
loss, or are deaf-blind, this includes
providing a qualified notetaker; a
qualified sign language interpreter, oral
interpreter, cued-speech interpreter, or
tactile interpreter; real-time captioning;
written materials; or a printed script
of a stock speech (such as given on
a museum or historic house tour) . A
“qualified” interpreter means someone
who is able to interpret effectively,
accurately, and impartially, both
receptively (i.e., understanding what the
person with the disability is saying) and
expressively (i.e., having the skill needed
2 ADA Requirements
to convey information back to that
person) using any necessary specialized
vocabulary.
• For people who have speech disabilities,
this may include providing a qualified
speech-to-speech transliterator (a
person trained to recognize unclear
speech and repeat it clearly), especially
if the person will be speaking at length,
such as giving testimony in court, or just
taking more time to communicate with
someone who uses a communication
board. In some situations, keeping
paper and pencil on hand so the person
can write out words that staff cannot
understand or simply allowing more
time to communicate with someone who
uses a communication board or device
may provide effective communication.
Staff should always listen attentively
and not be afraid or embarrassed to ask
the person to repeat a word or phrase
they do not understand.
In addition, aids and services include a wide
variety of technologies including 1) assis-
tive listening systems and devices; 2) open
captioning, closed captioning, real-time
captioning, and closed caption decoders
and devices; 3) telephone handset amplifi-
ers, hearing-aid compatible telephones, text
telephones (TTYs), videophones, captioned
telephones, and other voice, text, and
video-based telecommunications products;
4) videotext displays; 5) screen reader soft-
ware, magnification software, and optical
readers; 6) video description and secondary
auditory programming (SAP) devices that
pick up video-described audio feeds for tele-
vision programs; 7) accessibility features in
electronic documents and other electronic
and information technology that is acces-
sible (either independently or through assis-
tive technology such as screen readers).
Real-time captioning (also known as com-
puter-assisted real-time transcription, or
CART) is a service similar to court reporting
in which a transcriber types what is being
said at a meeting or event into a computer
that projects the words onto a screen. This
service, which can be provided on-site or re-
motely, is particularly useful for people who
are deaf or have hearing loss but do not use
sign language.
The free nationwide telecommunications
relay service (TRS), reached by calling
7-1-1, uses communications assistants (also
called CAs or relay operators) who serve as
intermediaries between people who have
hearing or speech disabilities who use a
text telephone (TTY) or text messaging and
people who use standard voice telephones.
The communications assistant tells the tele-
phone user what the other party is typing
and types to tell the other party what the
telephone user is saying. TRS also provides
speech-to-speech transliteration for callers
who have speech disabilities.
Video relay service (VRS) is a free, sub-
scriber-based service for people who use
sign language and have videophones,
smart phones, or computers with video
communication capabilities. For outgoing
calls, the subscriber contacts the VRS inter-
preter, who places the call and serves as an
intermediary between the subscriber and
a person who uses a standard voice tele-
phone. The interpreter tells the telephone
user what the subscriber is signing and
signs to the subscriber what the telephone
user is saying.
Effective Communication
Video remote interpreting (VRI) is a fee-
based service that uses video conferencing
technology to access an off-site interpreter
to provide real-time sign language or oral
interpreting services for conversations
between hearing people and people who
are deaf or have hearing loss. The new
regulations give covered entities the choice
of using VRI or on-site interpreters in situ-
ations where either would be effective.
VRI can be especially useful in rural areas
where on-site interpreters may be difficult
to obtain. Additionally, there may be some
cost advantages in using VRI in certain cir-
cumstances. However, VRI will not be effec-
tive in all circumstances. For example, it will
not be effective if the person who needs the
interpreter has difficulty seeing the screen
(either because of vision loss or because
he or she cannot be properly positioned to
see the screen, because of an injury or other
condition). In these circumstances, an on-
site interpreter may be required.
If VRI is chosen, all of the following specific
performance standards must be met:
•
real-time, full-motion video and
audio over a dedicated high-speed,
wide-bandwidth video connection
or wireless connection that delivers
high-quality video images that do
not produce lags, choppy, blurry, or
grainy images, or irregular pauses in
communication;
• a sharply delineated image that is large
enough to display the interpreter’s face,
arms, hands, and fingers, and the face,
arms, hands, and fingers of the person
using sign language, regardless of his or
her body position;
ADA Requirements 3
Effective Communication
• a clear, audible transmission of voices;
and
Other solutions may be needed where the
information being communicated is more
extensive or complex. For example:
• adequate staff training to ensure quick
set-up and proper operation.
Effective Communication
Provisions
Covered entities must provide aids and ser-
vices when needed to communicate effec-
tively with people who have communication
disabilities.
The key to deciding what aid or service is
needed to communicate effectively is to
consider the nature, length, complexity, and
context of the communication as well as the
person’s normal method(s) of communica-
tion.
Some easy solutions work in relatively
simple and straightforward situations. For
example:
•
•
In a lunchroom or restaurant, reading
the menu to a person who is blind
allows that person to decide what dish
to order.
In a retail setting, pointing to product
information or writing notes back and
forth to answer simple questions about
a product may allow a person who is
deaf to decide whether to purchase the
product.
•
•
In a law firm, 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.
In a doctor’s office, an interpreter
generally will be needed for taking the
medical history of a patient who uses
sign language or for discussing a serious
diagnosis and its treatment options.
A person’s method(s) of communication
are also key. For example, sign language
interpreters are effective only for people
who use sign language. Other methods of
communication, such as those described
above, are needed for people who may have
lost their hearing later in life and do not use
sign language. Similarly, Braille is effec-
tive only for people who read Braille. Other
methods are needed for people with vision
disabilities who do not read Braille, such as
providing accessible electronic text docu-
ments, forms, etc., that can be accessed by
the person’s screen reader program.
Covered entities are also required to accept
telephone calls placed through TRS and
VRS, and staff who answer the telephone
must treat relay calls just like other calls.
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
The communications assistant will explain
how the system works if necessary.
Remember, the purpose of the effective
communication rules is to ensure that the
person with a communication disability can
receive information from, and convey infor-
mation to, the covered entity.
Companions
In many situations, covered entities commu-
nicate with someone other than the person
who is receiving their goods or services.
For example, school staff usually talk to a
parent about a child’s progress; hospital
staff often talk to a patient’s spouse, other
relative, or friend about the patient’s condi-
tion or prognosis. The rules refer to such
people as “companions” and require cov-
ered entities to provide effective communi-
cation for companions who have communi-
cation disabilities.
The term “companion” includes any family
member, friend, or associate of a person
seeking or receiving an entity’s goods or
services who is an appropriate person with
whom the entity should communicate.
Use of Accompanying Adults or
Children as Interpreters
Historically, many covered entities have ex-
pected a person who uses sign language to
bring a family member or friend to interpret
for him or her. These people often lacked
the impartiality and specialized vocabulary
needed to interpret effectively and accu-
rately. It was particularly problematic to use
people’s children as interpreters.
Effective Communication
The ADA places responsibility for provid-
ing effective communication, including
the use of interpreters, directly on covered
entities. They cannot require a person to
bring someone to interpret for him or her.
A covered entity can rely on a companion
to interpret in only two situations.
(1) In an emergency involving an im-
minent threat to the safety or welfare
of an individual or the public, an adult
or minor child accompanying a person
who uses sign language may be relied
upon to interpret or facilitate commu-
nication only when a qualified inter-
preter is not available.
(2) In situations not involving an im-
minent threat, an adult accompanying
someone who uses sign language may
be relied upon to interpret or facilitate
communication when a) the individual
requests this, b) the accompanying
adult agrees, and c) reliance on the ac-
companying adult is appropriate under
the circumstances. This exception does
not apply to minor children.
Even under exception (2), covered entities
may not rely on an accompanying adult to
interpret when there is reason to doubt the
person’s impartiality or effectiveness. For
example:
•
It would be inappropriate to rely on
a companion to interpret who feels
conflicted about communicating bad
news to the person or has a personal
stake in the outcome of a situation.
• When responding to a call alleging
spousal abuse, police should never rely
on one spouse to interpret for the other
spouse.
ADA Requirements 5
Effective Communication
Who Decides Which Aid
or Service Is Needed?
When choosing an aid or service, title II enti-
ties are required to give primary consider-
ation to the choice of aid or service request-
ed 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 effec-
tive means of communication is available,
or that the use of the means chosen would
result in a fundamental alteration or in an
undue burden (see limitations below) . If the
choice expressed by the person with a dis-
ability would result
in an undue burden
or a fundamental
alteration, the public
entity still has an
obligation to provide
an alternative aid or
service that provides
effective communi-
cation if one is avail-
able.
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.
Limitations
Covered entities are required to provide aids
and services unless doing so would result
in an “undue burden,” which is defined as
significant difficulty or expense. If a particu-
6 ADA Requirements
lar aid or service would result in an undue
burden, the entity must provide another ef-
fective aid or service, if possible, that would
not result in an undue burden. Determining
what constitutes an undue burden will vary
from entity to entity and sometimes from
one year to the next. The impact of chang-
ing economic conditions on the resources
available to an entity may also be taken into
consideration in making this determination.
State and local governments: in deter-
mining whether a particular aid or service
would result in undue financial and admin-
istrative burdens, a title II entity should take
into consideration the cost of the particular
Covered entities may require reason-
able 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 require-
ments. “Walk-in” requests for aids
and services must also be honored to
the extent possible.
aid or service in
light of all resourc-
es available to fund
the program, ser-
vice, or activity and
the effect on other
expenses or opera-
tions. The decision
that a particular aid
or service would
result in an undue
burden must be
made by a high level official, no lower than
a Department head, and must include a
written statement of the reasons for reach-
ing that conclusion.
Businesses and nonprofits: in determining
whether a particular aid or service would
result in an undue burden, a title III entity
should take into consideration the nature
and cost of the aid or service relative to
their size, overall financial resources, and
overall expenses. In general, a business or
nonprofit with greater resources is expected
to do more to ensure effective communica-
tion than one with fewer resources. If the
entity has a parent company, the admin-
istrative and financial relationship, as well
as the size, resources, and expenses of the
parent company, would also be considered.
In addition, covered entities are not required
to provide any particular aid or service in
those rare circumstances where it would
fundamentally alter the nature of the goods
or services they provide to the public. In the
performing arts, for example, slowing down
the action on stage in order to describe the
action for patrons who are blind or have
vision loss may fundamentally alter the
nature of a play or dance performance.
Staff Training
A critical and often overlooked component
of ensuring success is comprehensive and
ongoing staff training. Covered entities may
have established good policies, but if front
line staff are not aware of them or do not
know how to implement them, problems
can arise. Covered entities should teach
staff about the ADA’s requirements for
communicating effectively with people who
have communication disabilities. Many local
disability organizations, including Centers
for Independent Living, conduct ADA train-
ings in their communities. The Depart-
ment’s ADA Information Line can provide
local contact information for these organiza-
tions.
Effective Communication
For more information
about the ADA,
please visit our website
or call our toll-free number.
ADA Website: www.ADA.gov
To receive e-mail notifications when
new ADA information is available,
visit the ADA Website
and click on the link near the bottom
of the right-hand column.
ADA Information Line
800-514-0301 (Voice) and
800-514-0383 (TTY)
Call M-W, F 9:30 a.m. – 5:30 p.m., Th
12:30 p.m. – 5:30 p.m., (Eastern Time)
to speak with an ADA Specialist (calls
are confidential) or call 24 hours a
day to order publications by mail.
For people with disabilities,
this publication is available
in alternate formats.
Duplication of
this document is encouraged.
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.
