Under the ADA, 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.
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.
Aids and services include a wide variety of technologies including 1) assistive listening systems and devices; 2) open captioning, closed captioning, real-time captioning, and closed caption decoders and devices; 3) telephone handset amplifiers, 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 software, magnification software, and optical readers; 6) video description and secondary auditory programming (SAP) devices that pick up video-described audio feeds for television programs; 7) accessibility features in electronic documents and other electronic and information technology that is accessible (either independently or through assistive technology such as screen readers).
Source: ADA Effective Communication
******************A fictitious example******************
- Potential jury member with hearing loss: “I have a hearing loss, and I would like a portable hearing loop”
- Court ADA coordinator: “Oh ok, I’ll get a sign language interpreter.”
- Potential jury member with hearing loss: “I don’t know sign language.”
- Court ADA coordinator: “I can move you to the front.”
- Potential jury member with hearing loss: “That is not effective. I need clarity.”
- Court ADA coordinator: “I could bring in/hire a CART provider. (CART is accurate captions, done by a professional person, live, either in person or remote)”
- Potential jury member with hearing loss: “I would prefer a portable counter hearing loop.”
- Court ADA coordinator: “What is that? I would like to learn.”
Alternatively, the person could agree in the negotiation that CART would be acceptable, instead of the original request of a counter hearing loop. There is no right answer – it is up to the individual requesting what is acceptable, and negotiation with the facility staff. This example is an oversimplification for illustration, and there is much more that goes into the discussion. There are workshops for staff to learn about Effective Communication and their responsibilities.
