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12.12.2016: What Interpreters Need to Know about the ADA

DHHS Interpreter Webinars 2016
by

Amanda Tuite

on 16 February 2017

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Transcript of 12.12.2016: What Interpreters Need to Know about the ADA

If a Deaf person applies for a job at that business, is the business obligated to provide an interpreter for the job interview?
DISCRIMINATION!
#DO-DO YOU?
Communication Access Specialist
HHSC Office for Deaf and Hard of Hearing Services

When we leave today, we will...
Be empowered!

Know the basics of the ADA, as amended

Have strategies on what to do when you witness discrimination that are WITHIN the role of an interpreter
Discrimination
What is it?
How does it impact the deaf/hard of hearing
individual, business, and interpreter?
How do you feel when you experience or
witness discrimination?
Treating People Fairly
It's the RIGHT thing to do!

It's the LEGAL thing to do!
Civil rights for persons who are deaf/hard of hearing
Treating People Fairly
ADA, as amended, & Regs

Rehabilitation Act of 1973

Individuals with Disabilities Education Act
(IDEA)

State laws that require interpreters in court

Others!
Americans with Disabilities Act
Passed in 1990 to promote "equal access." Prohibits discrimination, exclusion from, participation in, and being denied the benefits of, services, programs, or activities of a public or private entity.

Applies to businesses of all sizes (with some exceptions), both
for-profit and non-profit.

Largely based on the Rehabilitation Act of 1973, which is limited to the federal government and entities that receive funds from the federal government.
Title I - Employment

Title II - State and local government

Title III - Public accommodations

Title IV - Telecommunications

Title V - Miscellaneous
15 or more employees

All phases of the job, from application to termination

Requires employers to provide reasonable accommodations

Does not apply to federal government agencies
(Rehabilitation Act, Section 501)

Providing sign language or oral interpreters or CART when needed can be a reasonable accommodation!
To ensure equal opportunity in the application process

To enable an employee to perform essential functions of the job

To allow an employee to enjoy equal benefits and privileges
For businesses of ALL SIZES (with some exceptions)

Must furnish auxiliary aids and services necessary to ensure effective communication with individuals with disabilities

Interpreters or CART can be an auxiliary aid or service!
Title I
Title III
Title IV
Title V
States must set up TTY relay services
Includes protection from retaliation
Agencies of all sizes

Must furnish
auxiliary aids and services
when necessary to ensure effective communication

Must give primary consideration to the request of the individual with a disability

Interpreters or CART can be an auxiliary aid or service!
Title II
ADA Overview
Amendments
Passed in 2008 to restore the ADA's original intent of prohibiting discrimination against persons
who have disabilities

Few who filed ADA claims in court won.
Courts were focused on individuals meeting the definition of disability instead of the act of discrimination, so Congress broadened the definition.
Mitigating measures are not to be considered when making the determination of disability, except for ordinary glasses or contact lenses.
ADA
Act
(ADA, as amended)
ADA Exemptions
Religious-run entities
Private Clubs
Must comply with Title I
if 15 or more employees *
Other Considerations
Direct threat to health or safety
Undue burden/undue hardship
* may be some exceptions
Common conceptions
GENERAL
The interpreter must be certified.

The company has to provide an interpreter only if they have 15 or more employees.

Auxiliary aids include personal aids like hearing dogs, caregivers, or personal hearing aid devices.

Shouldn't Deaf people get interpreters any time they request them?
The ADA, as amended, definition of "qualified interpreter" is one
"who, via a video remote interpreter (VRI) service or an on-site appearance, is able to interpret effectively, accurately and impartially
both receptively and expressively, using any necessary specialized vocabulary." - 28 C.F.R. Section 36.303(b)(1)
Applies to Title I (Employment) only
Businesses are not required to furnish personal items.
BUSINESSES
WHAT?! Interpreters cost money??
We're a non-profit and can't afford interpreters.
Deaf people live in American and should learn to write English, just like our Spanish speakers learn English.
We will look for a volunteer.
They'll have to bring their own interpreter.
An employee took an ASL class and will interpret.
We will refer the client/patient to another company that "has interpreters."
DEAF/HARD OF HEARING CLIENT
I have a right to an interpreter any time I want one.
I require an interpreter with a Master certification at all times.
I should be able to pick which interpreter I want. Some of them I just don't like.
They should already know to get an interpreter for me at every appointment.
I'll sue if you don't get me what I want.
INTERPRETERS
The ADA requires all businesses to provide interpreters at all times.

It's the right thing to do, and it's the legal thing to do. So why isn't everyone doing it?!?

Statutes vs. policies vs. state recommendations
ALL Times
The ADA requires businesses to provide
auxiliary aids and services necessary to ensure
effective communication.
Positive PERSPECTIVES
Businesses
Deaf/Hard of Hearing Individuals
We want to communicate clearly with our clients/patients. It is more cost-effective to bring in interpreters on occasion on a contract basis, rather than employ them full-time.
We want to ensure we are in compliance with applicable laws and regulations.
Equal access and equal opportunity
Empowerment includes having rights AND responsibilities.
#DO-DO YOU?
DISCRIMINATION!
The Role of the Interpreter
Ethics

Strategies

Educate consumers when appropriate on your role
Refer consumers to appropriate resources
Deafness Resource Specialists
http://legacy.hhsc.state.tx.us/dhhs/providers/contractors.asp

Disability Rights TX
www.disabilityrightstx.org

DBTAC Southwest ADA Center
1-800-949-4ADA (free technical assistance hotline)

HEARD (Helping Educate to Advance the Rights of the Deaf)
http://www.behearddc.org/


The more reasons why to refer the consumer to a Resource Specialist when they face discrimination.

Approach the business informally
File formal complaints with the business
File complaints with overseeing entities that enforce state/federal laws/licensure
Get creative: approach the media, sign petitions, be proactive
*Businesses may not pass on the cost of the accommodation/auxiliary aid or service to the person with a disability.
Confidentiality
Professionalism
Conduct
Respect
Respect Colleagues
Business
Practices
Professional
Development
for
Consumers
??
(companions)
Revised ADA Regulations
(who cannot interpret)
(video remote
interpreting)
Passed in 2010,
went into effect in 2011
Rules that covered entities follow to be in compliance with the ADA
Required:
- A public entity and public accommodation shall not require an individual with a disability to bring another individual to interpret for him or her.
28 C.F.R. § 35.160(c) and 36.303(c)(2-4)
28 C.F.R. § 35.160(a)(1)–(2) and (b)(1) and 36.303(c)(1)(i)

(a)(1) A public entity shall take appropriate steps to ensure that communications with applicants, participants, members of the public,
and companions with disabilities are as effective as communications with others.

(a)(2) For purposes of this section, “companion” means a family member, friend, or associate of an individual seeking access to a service, program, or activity of a public entity, who, along with such individual, is an appropriate person with whom the public entity should communicate.

(b)(1) A public entity shall furnish appropriate auxiliary aids and services where necessary to afford qualified individuals with disabilities, including applicants, participants, companions, and members of the public, an equal opportunity to participate in, and
enjoy the benefits of, a service, program, or activity of a
public entity.
Remember the exemptions and considerations for compliance with the ADA
Also
Did you know the ADA does not apply to
federal government agencies?
Rehabilitation Act of 1973, Section 504
- A public entity and public accommodation shall not rely on an adult accompanying an individual with a disability to interpret or facilitate communication.
- A public entity and public accommodation shall not rely on a minor child to interpret or facilitate communication.
an emergency involving an imminent threat to the safety or welfare of an individual or the public where there is no interpreter available.
Two exceptions:
In an emergency involving an imminent threat to the safety or welfare of an individual or the public where there is no interpreter available
Where the individual with a disability specifically requests that the accompanying adult interpret or facilitate communication, the accompanying adult agrees to provide such assistance, and reliance on that adult for such assistance is appropriate under the circumstances.
28 C.F.R. § 35.104 and 36.104
high-quality video
large enough image to display interpreter
clear, audible audio transmission
adequate user training
What Interpreters Need to Know About the ADA
Amanda Tuite
*
*
*
*
*
One exception:
"Myth"conceptions
"Myth"conceptions
"Myth"conceptions
"Myth"conceptions
MYTH
Non-profit businesses are
automatically exempt
from the ADA
True or False:
X
In general, if a Deaf person makes an appointment to see a counselor at a small business (only 6 employees total), is the business obligated to provide an interpreter, if needed for effective communication?
YES
NO
If a hearing student (age 15) is enrolled in a public school and needs to meet with a hearing career counselor, would the school have to provide an interpreter for the student's father who is Deaf?
(b)(1) A public entity shall furnish appropriate auxiliary aids and services where necessary to afford qualified individuals with disabilities, including applicants, participants, companions, and members of the public, an equal opportunity to participate in, and enjoy the benefits of, a service, program, or activity of a public entity.
What are some ways you can judiciously provide information or referral regarding available interpreting or community resources without infringing on consumers' rights?
This webinar is provided in American Sign Language (ASL). Voice Interpreting will be provided.

Communication access:
Audio
is obtained through your computer. Participants can use their computer's microphone and speakers (VoIP).

.3 Hours BEI CEUs are approved.

In order to get credit you must:
- Register in your name. When joining the webinar, log in individually (no group sharing a computer unless
pre-approved by DHHS)
- Pay attention and stay logged in during the webinar
- Take the PRE-TEST and POST-TEST via survey monkey links

Certificates of attendance and a link to the presentation will be emailed within 30 days after you complete the post-test.
Welcome, Participants!
Title III - Public accommodation
Title I - employment
a bit of background...
Why should I learn about the ADA if I can't advocate in my role?
This training is NOT intended to equip interpreters to:
- advocate in their role
- divulge confidential information to advocates
- overstep ethical boundaries by providing counsel, advice, or personal opinions
Are viewed as SME
Keep Emotions in Check
Interpreter Coordinators
Be savvy/knowledgeable
Effective Communication
28 C.F.R. § 35.160(b)(1)
Are funeral homes obligated to provide an interpreter?
Must interpreters be provided at AA/NA meetings?
Funeral service
Meetings to make preparations
OFTEN if not an undue burden.
Not if the funeral is led by a pastor or priest.
How do you process your
thoughts and feelings?
If the Court offers
CART instead of an
interpreter.
The responses from
According to the
What the law requires
for medical interpreting
vs
Doctor's policy
vs
State recommendations (DHHS BEI).
I'm here to
facilitate information.
.
.
https://www.surveymonkey.com/r/pretestada1212
Pretest:
Full transcript