Meeting Digital Accessibility Obligations: ASL Interpretation and the ADA

Published July 25, 2024

The Americans with Disabilities Act (ADA) is a pivotal piece of disability rights legislation. It mandates that covered entities provide reasonable accommodations to individuals with diverse abilities. One key accommodation is providing American Sign Language (ASL) Interpretation. This provides equal opportunity for individuals with hearing impairments to engage with the world. 

Like other accommodations, the ADA specifies certain conditions to provide ASL interpretation. This piece explores these requirements, offers steps for their implementation, explains their importance in digital accessibility, and how businesses can leverage technology to ensure ADA compliance.

The ADA

Since 1990, the Americans with Disabilities Act has ensured equal rights and opportunities for people with disabilities. It prohibits discrimination in all areas of public life, including jobs, public and private entities engaged with the public, schools, and transportation. As reliance on technology has grown, so has the scope of the ADA. Under Title III, any website owned by a business must follow the same inclusive practices and accommodations as its physical locations. 

ASL interpretation

ASL interpretation is an essential communication service that translates spoken language into sign language, enabling individuals with hearing impairments to communicate effectively in various settings. However, the role of ASL interpreters extends beyond mere translation. They are responsible for conveying language's cultural context and emotional nuances, ensuring a full and immersive communication experience.

With the increasing digitization of content and services, ASL interpretation has become intertwined with technology. Interpreters are now accessible for online videos, virtual meetings, and digital platforms. This ensures equal access to digital information and services. 

Digital ASL interpretation requires special considerations, such as clear visuals of the interpreter, adequate lighting, and integration with various digital platforms. This ensures that the interpretation is as effective online as in person.

Legal requirements

ADA guidelines mandate that public and private sector entities must accommodate the communication needs of people with hearing disabilities. This includes the provision of ASL interpretation in various contexts.  

Specific scenarios that legally require ASL interpretation include medical appointments, legal proceedings, educational settings, and public events. Not providing ASL interpreters in these situations may be deemed discriminatory under the ADA. 

These obligations extend to digital platforms and online services. This could mean offering ASL interpretation for video content such as webinars and virtual conferences. This can also extend to telehealth appointments, meetings, and job interviews. These requirements help provide equal access to information and services, regardless of the medium.

Implementing ASL interpretation

Implementing ASL interpretation in the workplace requires a strategic and inclusive approach. Businesses should first assess their needs to identify situations where ASL interpretation is crucial, such as meetings, training sessions, or customer interactions. They should hire qualified interpreters by partnering with reputable agencies or employing certified ASL interpreters with experience in the relevant business sector.  

When working with ASL interpreters, it is essential to establish clear expectations about the event.  Businesses should provide relevant materials in advance to facilitate an efficient and accurate interpretation process. This preparation includes supplying the names and titles of all meeting or event attendees beforehand.

Additionally, businesses should list any jargon or acronyms specific to the meeting. It's important not to assume that the interpreter will be familiar with these terms in advance.

By adhering to these practices, businesses can create a more accessible and inclusive workplace that caters to the diverse needs of all employees and customers. 

Leveraging technology

The era of technology has expanded the reach of ASL interpretation services, enhancing accessibility and bridging communication gaps. Businesses can utilize digital innovations to integrate ASL interpretation into their operations to comply with ADA requirements.

With advancements in video conferencing and streaming, remote ASL interpretation is now possible, allowing for real-time interpretation regardless of the interpreter's or client's location. This shift has been crucial in expanding access to interpretation services, especially in areas where local ASL interpreters may be scarce.

Emerging tools and software are further enhancing ASL interpretation services. Video Relay Services (VRS) and Video Remote Interpreting (VRI) facilitate communication via video telecommunication services. Additionally, advancements in AI and machine learning contribute to the development of automated sign language interpretation. However, these technologies are still in the early stages and must be a substitute for human interpreters.

These technological developments offer greater flexibility and convenience and ensure that essential services such as healthcare, education, and legal counsel are more accessible to the deaf and hard-of-hearing community. Not only is this a benefit for the consumer, but it makes it easier for covered entities to adhere to their ADA obligations.

Conclusion

Ensuring ADA compliance involves providing ASL interpretation and ensuring digital accessibility. These measures are essential for guaranteeing equal access to communication and information for individuals with disabilities, as the ADA requires.

Businesses should adopt these practices proactively, not only to demonstrate their commitment to diversity and inclusion but also to meet legal obligations. By incorporating ASL interpretation into both physical and digital spaces, businesses can ensure accessibility for everyone, thereby fostering a culture of understanding and respect. This is an important step toward making society more inclusive for the deaf and hard-of-hearing community.

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