Massachusetts Language Access Coalition Conference Working with deaf, Deaf & hard of hearing clients: An overview of applicable law, history, and practice tools Massachusetts Language Access Coalition Conference June 26, 2015 Caitlin Parton Disability Law Center

The Laws Title III of the Americans with Disabilities Act Ensures access to places of public accommodation Section 504 of the Rehabilitation Act of 1973 Program or activity receiving federal financial assistance Executive agencies are both subject to and enforce the provisions of Section 504 Massachusetts Public Accommodations Laws Mass. Gen. Laws 272 §§ 98 and 92A Massachusetts prohibits discrimination based on physical disability in any “place of public accommodation, resort or amusement,” i.e., “any place, whether licensed or unlicensed, which is open to and accepts or solicits the patronage of the general public.”

What is a “program or activity”? A college, university or other post-secondary institution, including public higher education A local educational agency (school district) Public Health and welfare agencies Public housing authorities Entities that receive federal funding subsidies (does not include private landlords who have Section 8 tenants) Medicare and Medicaid Any grant, loan or contract by which a federal agency provides or otherwise makes available assistance

Title III of the ADA “No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation.”

What is a “public accommodation”? Any facility or program that provides goods, services or interaction with or to members of the public Examples: Doctors’ offices Lawyers’ offices, Legal Aid, service agencies Court rooms (Title II of the ADA) Hotels Hospitals Banks Restaurants Theaters and movie houses Museums, libraries, adult education programs

Auxiliary aids and services Under Title III of the ADA, public accommodations are required to provide auxiliary aids and services to ensure effective communication with individuals who have vision, hearing or speech impairments Examples: Qualified ASL/CDI/cued speech interpreters CART services TTYs, VRS, VP Assistive listening devices FM loop systems Amplified phones and headsets Note-taking services Captioning videos and other visual displays Providing written material Personal devices not required to be provided (i.e. hearing aids)

Who is financially responsible? The fee the consumer pays the provider for services is NOT the determining factor when it comes to communication access The lawyer is responsible The doctor is responsible The educational entity is responsible

Undue Burden Exception A public accommodation can avoid providing and paying for auxiliary aids and services if they can prove that providing such services would fundamentally alter the service itself or that it would be an undue burden Undue burden = significant difficulty or expense when considered in light of a variety of factors, including the nature and cost of the auxiliary aid or service, and the overall financial and other resources of the business Undue burden is NOT measured by the amount of income the business is receiving from a client, patient or customer with a disability – it is measured by the financial impact on the entity as a whole

Deaf v. deaf: What’s the difference? Why does it matter? Photo source: Wikipedia.org Photo source: Wikipedia.org Alexander Graham Bell Thomas Gallaudet Want to learn more? Check out Richard Winefield, Never the Twain Shall Meet: Bell, Gallaudet, and the Communications Debate, Gallaudet University Press, 1987.

What does culturally Deaf mean? A person who is culturally Deaf has been brought up in an environment where ASL is the dominant and preferred mode of communication ASL is a real language like any other, not just a form of visually translating English Clients who identify as culturally Deaf will use ASL and will require ASL interpreters for all communications

What does oral deaf mean? An oral deaf person is someone who was born deaf or became deaf at a young age, and was brought up with the auditory/verbal method of communication They may use hearing aids, cochlear implants, speechreading, cued speech, oral interpreters, or use sign language Depending on the individual, and on the success of whatever methodology is chosen, he or she may grow up to not need auxiliary aids

What does hard of hearing mean? Post-lingual onset of hearing loss Person will usually be auditory/verbal, with few issues reading and writing, but may have difficulty understanding in complex auditory situations and environments Many hard of hearing individuals benefit from hearing aids to some extent, but hearing will never be fully restored Situations with significant background noise or multiple speakers can be very difficult even with hearing aids

What does late deafened mean? Total post-lingual hearing loss. Often speak normally but cannot benefit from hearing aids or assistive listening systems alone due to severity of loss May use a cochlear implant to regain some of their hearing

Hearing aids Hearing aids come in many shapes and sizes and have many features. Perhaps the most important one is the T-switch, also known as Telecoil. This feature allows integration with many assistive listening technologies.

Cochlear implants Cochlear Implants are tools for individuals who, even with hearing aids, do not benefit from sound amplification. Implanted electrodes stimulate the auditory nerve to replicate function of damaged nerve cells.

Reality check – what does hearing loss sound like? http://www.starkey.com/hearing-loss-simulator Massachusetts Population 2000 3 years and older Estimated # of deaf/ hard of hearing people Percent of Population 6,349,097 546,022 8.6% Description Estimated number % of Population Deaf, both ears 11,428 .18% Cannot hear and understand any speech 14,603 .23% At best, can hear and understand words shouted in the better ear 31,111 .49% Source: http://www.mass.gov/eohhs/gov/departments/mcdhh/demographic-information-on-people-who-are-deaf.html

Other facts on d/Deafness 90% of d/Deaf people have hearing parents ASL is used in Canada and the U.S. Facial expression, head movements, and eye gaze in ASL is primarily grammatical In Deaf Culture, when you arrive late to a meeting it is expected that you stop and explain why you were late How would you get a Deaf person’s attention? Simply wave to the person or touch the person What would you do if you need to pass between two people signing? It is socially appropriate to walk between the signers. As you are doing so slightly bow your head and sign “excuse me.” If it is a group of people signing it is best to go around the group

Best practices for Deaf clients Arrange for an ASL interpreter; if client requests, arrange for a CDI, as well Be aware: will need to arrange an interpreter at least a month in advance; if it is an emergency situation, try freelance list Meet in quiet, private area, with enough space for interpreter; interpreter will be seated next to you, allowing client to look at both you and the interpreter at the same time Speak directly to the client – NOT the interpreter Ask the client if s/he is okay with you taking notes; explain why you need to take notes With non-Deaf clients, we may be more accustomed to having more control over the pacing of the interview, going through a list of questions; this comes across as rude and rushed to Deaf people. Allow them to tell their story first (it may include many asides or deviations), and then ask follow up questions. Plan for at least one hour when meeting with a Deaf client Explain the purpose of the interview and why you need to ask questions. Give the client a road map of how the conversation will go: 1) tell me your story 2) follow up questions 3) client has opportunity to ask questions

Video Remote Interpreting When an onsite ASL interpreter cannot be obtained, VRI can be used as a backup. You are responsible for payment of VRI services. VRI may employ interpreters from other parts of the region and country, which may result in unfamiliarity with regional/local signs or pronunciation. Technical problems and accessibility issues of VRI In person ASL interpretation is always best

Best practices for deaf & hard of hearing clients Meet in a quiet room/noise-free environment Ask them if they have a seating preference Speak clearly, enunciate well, and with appropriate volume – as if you were giving a presentation to an audience Tell client you are happy to repeat anything as needed for clarity or to rephrase as necessary Give a roadmap for the conversation DO NOT: speak extra slowly; mumble; cover your mouth; talk while looking down at your notes CART (Computer Assisted Realtime Translation) Remote CART – can only work if all speech is heard by the remote provider

Best phone practices for Deaf, deaf and hard of hearing clients No one uses a TTY/TTD anymore! VP VRS VRS is funded by the Federal Communications Commission. There are many different providers; usually a Deaf individual will have a preference for a specific service. Most VRS providers offer multiple platform mobile apps VRS utilizes certified interpreters to interpret between a Deaf person on a videophone and a hearing person using a telephone Email communication Captioned telephones and web CapTel And… meeting in person is the best practice

Resources To request an interpreter: MCDHH – request an ASL interpreter, CDI, and/or CART provider (http://www.mass.gov/eohhs/gov/departments/mcdhh/) Freelance interpreters (see handout) Disability Law Center (617-723-8455) MCDHH resources: assistive technology, ASL classes, substance abuse programs for d/D/hh, accessible religious services, and more Massachusetts Equipment Distribution Program Flashing fire alarms, amplified telephones

Questions?