Americans with Disabilities Act (ADA): What Businesses Need to Know

Staying on top of laws and policies is crucial to any business or organization. It’s not just about avoiding the consequences of non-compliance. These rules are there to protect you and your customers, clients, and service users. A prime example is the Americans with Disabilities Act (ADA).

In this article, we’ll answer the question, ‘What is ADA?’ Plus, we’ll look at why it matters and what compliance looks like across different industries. Finally, we’ve got a comprehensive compliance checklist to integrate the approach into your existing operations.

What Is the Americans with Disabilities Act (ADA)?

Put simply, the Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities. It passed into public law in 1990, and amendments were made in 2008. It’s a federal civil rights law that ensures people with disabilities get the same opportunities as everyone else.

The ADA is wide-reaching, as it covers the civil rights of people with disabilities. For that reason, it’s enforced by several departments and organizations. They include:

• The US Department of Labor
• The Federal Communications Commission
• The US Department of Transportation
• The US Equal Employment Opportunity Commission
• The US Department of Justice
• The US Department of Health and Human Services
• The US Department of Education
• The Architectural and Transportation Barriers Compliance Board

Why Language Access is Key Under the ADA

As we established above, the ADA covers many areas of life, which means businesses that are open to the public need to comply. When providing a service or employing someone, effective communication is paramount. That’s why language access under the ADA is an essential factor to consider.

People with disabilities might need to communicate in different ways. Crucially, the situation and the range of disabilities will require different solutions. This fact makes considering access as a whole important. Some examples of solutions include:

• American Sign Language (ASL) interpreters
• Large print materials
• Interpreting via remote video link
• Captions
• Notetakers
• Text-to-speech features and other technological aids

Understanding ADA Communication Barriers 

The Americans with Disabilities Act (ADA) ensures opportunities are provided so that there’s no discrimination against people with disabilities. In terms of communication, that means being able to receive information and respond. Finding the right solution depends on recognizing the barriers. 

Here are some examples of ADA communication barriers:

• Auditory barriers. - These apply to people who are deaf or hard of hearing when information is aural and indicate that other solutions are needed.
• Speech barriers. - If two-way communication is required, those with speech disabilities could need aids or services.
• Visual barriers. - When visual materials are part of an activity or service, those who are visually impaired could need aids or services.

Language Services for Disabilities: What You Need to Know

Language services for disabilities are a way to source the solutions you need. For example, Language Network provides a range of services designed and implemented with the ADA in mind. The complexity of the information and the person’s preferred way of communication are crucial in determining which services are needed.

In some cases, you can ask people to provide sufficient notice. However, there might also be times when you need to meet the needs of a last-minute request. Having materials to hand and a reliable service to call on is essential. Services can include interpreters, translators, and assistive technologies. They could provide in-person or video remote interpreting in sign language and relay services between written and oral communication.

Examples of ADA Language Compliance Across Industries

The Americans with Disabilities Act (ADA) requires businesses and nonprofit organizations that service the public and state and local governments to communicate effectively. This applies across several industries. The solutions look different depending on the information and the interaction. These examples explore what ADA compliance looks like.

• Conferences and Events

Conferences and events typically involve one or more speakers addressing many people at once. Since it isn’t a one-on-one interaction, the solutions need to match the environment. These situations can also involve multi-language events where solutions for speech, visual, and auditory barriers need to be addressed.

In these cases, a real-time conference interpreter is a useful and necessary service. Alongside ASL interpreters and real-time captioning, other materials and services could be necessary. They include braille information sheets, audio descriptions of visual materials, and speech-to-text communication boards. 

• Healthcare

In healthcare, ADA and HIPPA compliance are crucial. Medical appointments involve two-way communication. This means auditory and speech barriers should be addressed. If reports and results are written down, alternatives need to be found to address visual barriers.

A qualified medical interpreter is essential in these situations as accurate interpretation of specialized vocabulary is needed. As medical procedures require informed consent, ensuring patient understanding is key. Telemedicine appointments, sign language interpreters, and real-time captioning can help.

• Education

K-12 schools and higher education institutions need to be ADA-compliant. They may also have their specific language access requirements. Interactions include group and one-to-one communication. Plus, subjects are specialized, so appropriate solutions need to be found. Interpreters, assistive technology, and other learning resources are necessary to make classrooms accessible. 

• Government and Public Services

Government services need to be accessible to all. Many different people use them every day. It means that services and aids could be required in different areas on different days. A communication strategy that takes accessibility into account from the start is a good way to ensure ADA language compliance. That includes having materials in place and services on standby for when the need arises. Text-to-speech capabilities for website information are a key factor.

How to Ensure Compliance with the ADA

A strategic approach is essential. Understanding where needs can arise is a crucial step. It means you’ll be able to anticipate needs with the right solutions. To ensure compliance with the Americans with Disabilities Act (ADA), keep the following points in mind.

Standards for Accessible Communication

Effective communication is the standard. It means that everyone can receive and convey information. To ensure you meet the standard, consider the barriers. When choosing which solutions to implement, take into account:

• The nature of the interaction
• The length
• The context
• The complexity
• The person’s normal or preferred communication methods

Conducting an ADA Audit

The task can feel unwieldy and challenging. It helps to conduct an Americans with Disabilities Act (ADA) audit. Review your interactions with the public and how they receive and provide information. Imagine those interactions with communication barriers to identify gaps. Working with service users is an excellent way to do this.

Partner with Language Network for ADA Compliance

You don’t have to handle ADA compliance alone. Having Language Network as your partner means you have expertise, advice, and support. You’ll gain access to ADA interpreter services that meet the standards. That includes on-site and video remote interpreting. Contact the team to find out more. 

Training Staff for ADA Language Standards

For effective communication, ADA compliance needs to be an ongoing effort. It’s not a one-time job. Having materials to hand is excellent. However, your staff also need to understand what’s required. Implement training programs on these subjects to make it a team effort:

• communication barriers
• responding to needs
• what services are available 

Leveraging Professional Language Services

Internal training makes a difference. You can still benefit from external support, though. Hiring qualified interpreters has many benefits. They meet the standards and have expertise in specific topics, which is essential for healthcare and education. Look out for service providers that understand the ADA, have experience, and are certified.

Adopting Assistive Technologies

When it comes to language accessibility, ADA compliance isn’t a one-size-fits-all approach. It’s best to use aids, services, and technology. Assistive technologies give people more independence. Examples include:

• Text-to-speech systems
• Speech-to-text systems
• Magnifiers
• Captioning
• Vibration alerts
• Communication boards

Fostering an Inclusive Environment

Think of the ADA as a prompt to be more inclusive. When you pay attention to language access, your organization benefits. It means you can improve your services and engage your customers. Having the aids and services isn’t enough. Remember to communicate that to people. They need to know what’s available and how to access it.

ADA Compliance Checklist for Organizations

To ensure Americans with Disabilities Act (ADA) compliance, you can divide your checklist into different areas. This checklist focuses on communication:

• Carry out ADA audit.
• Create and implement a policy for accessible communication, including sign language and speech interpreter requests.
• Set up an arrangement with a language service.
• Train employees on compliance and procedures.
• Put in place aids and services identified in your audit.

Contact us today to learn more about our interpretation services and how we can help you meet your communication needs.