The best way for your organization to ensure accessibility and legal compliance is to develop a comprehensive access policy. This page contains resources to get you started.
ADA II v III
The Americans with Disabilities Act (ADA) prohibits discrimination against individuals with disabilities and requires employers, businesses, and government entities to provide reasonable accommodations to ensure equal access and opportunities. Here’s a comparison of when consideration must be given under ADA II (Title II) and when it should be given under ADA III (Title III), along with the requirement to ensure that alternative accommodations are as effective.
Under both ADA Title II and Title III, consideration should be given to providing reasonable accommodations to individuals with disabilities to ensure equal access. While Title II mandates accommodations for public entities, Title III encourages accommodations for public accommodations. In both cases, alternative accommodations must be as effective as the requested accommodation to ensure equal access and prevent discrimination.
ADA Title II (Public Entities)
When Consideration MUST Be Given:
- Public entities, including state and local governments, must provide reasonable accommodations to individuals with disabilities to ensure equal access to programs, services, and activities. Failure to provide such accommodations can constitute discrimination under ADA Title II.
- Alternative Accommodations: If a requested accommodation is deemed unreasonable or would fundamentally alter the nature of the program or service, the public entity must provide an alternative accommodation that is equally effective in ensuring access. This ensures that individuals with disabilities are not unjustly disadvantaged due to their disabilities.
ADA Title III (Public Accommodations)
When Consideration SHOULD Be Given:
- Public accommodations, such as businesses, restaurants, hotels, and other private entities open to the public, are encouraged to provide reasonable accommodations to individuals with disabilities to ensure equal access to goods, services, and facilities. While ADA Title III does not mandate accommodations in the same manner as Title II, entities are encouraged to make reasonable modifications to policies, practices, and procedures to accommodate individuals with disabilities.
- Alternative Accommodations: Similar to Title II, if a requested accommodation is unreasonable or would fundamentally alter the nature of the goods or services provided, the public accommodation should provide an alternative accommodation that is equally effective. While not mandated by law, providing alternative accommodations demonstrates a commitment to accessibility and may help prevent discrimination claims.
Communication Access Policy
A communications access policy is a set of guidelines and practices designed to ensure that all individuals, regardless of their abilities, have equitable access to communication within an organization, institution, or community. Policies are particularly important in educational, workplace, and public service settings to promote inclusivity and accessibility.
Plain Language
Plain language involves using clear, straightforward expressions, free from jargon and understandable on the first reading. This is especially important when communicating with Deaf individuals who may rely on written text as a secondary means of understanding.
Characteristics of Plain Language:
- Simple Vocabulary: Use common words and avoid technical terms.
- Short Sentences: Keep sentences concise and to the point.
- Active Voice: Use active voice rather than passive voice to make your message more direct.
- Clear Structure: Organize information logically with headings, bullet points, and numbered lists.
- Visual Aids: Use images, diagrams, and videos to support the text and enhance understanding.
Communication
Effective communication is crucial for sharing information clearly and ensuring that the intended message is understood by both you and the deaf person(s).
Effective communication for the Deaf community involves utilizing methods and tools that accommodate their unique needs and preferences. This often includes sign language, such as American Sign Language (ASL), written communication, and gestures. It builds a good relationship between you and a Deaf person. The goal is to ensure that communication with people with these disabilities is equally effective as communication with people without disabilities.
Effective communication is an important part of sharing information concisely and understandingly so that the intended message is understood by both you and the deaf person(s). Remember, not all Deaf people have the same capabilities as others
It’s important to remember that not all Deaf individuals have the same capabilities or preferences.
Laws and Regulations:
The Council of the Deaf and Hard of Hearing is committed to providing effective communication and equal access to services for all individuals, including those who are Deaf, hard of hearing, or have disabilities including:
- Americans with Disabilities Act (ADA)
- Section 504 of the Rehabilitation Act
- Individuals with Disabilities Education Act (IDEA)
- State-specific disability rights laws
Accommodations are available on our website, in all printed materials, through signage at our facilities, and during the intake or registration process. Individuals can request accommodations by completing a request form on our website, contacting our customer service department by phone, email, or in person, or notifying staff members during in-person visits.
Your communication access policy should include:
- Laws that apply to your entity
- How accommodations are advertised
- How individuals can request accommodations
- How you are providing types of accommodations (Interpreter contracts, where transcripts/interpreted videos can be found, care and upkeep of sound amplification devices, etc.)
- How consumers can provide feedback or lodge complaint
- How employees are trained on the policy and provision of services
- More… (check HHS website — has a list of what must be included)
Insert communication access policy template (CDHH’s, and samples from HHS, DoJ).
Effective
- Use of Sign Language: For many Deaf individuals, American Sign Language (ASL) is their primary language. Using a qualified sign language interpreter ensures accurate and effective communication.
- Written English Support: While some Deaf individuals are proficient in written English, it’s important to verify their understanding. Supplement written information with visual aids and ensure clarity.
- Technology Aids: Utilize technologies such as Video Relay Services (VRS), captioned telephones, and real-time captioning during presentations or meetings.
Not Effective
- Assumptions About English Proficiency: Assuming that all Deaf individuals are comfortable with written English can lead to misunderstandings. Many ASL users consider English their second language and may face challenges with complex written texts.
- Over-reliance on Lip Reading: Lip reading is not reliable for effective communication as it only captures about 30-40% of spoken English. Ensure that written or signed communication is available.
- Complex Jargon: Avoid using technical jargon or idiomatic expressions that may not translate well into ASL or be easily understood in written form.
Auxiliary Aids and Services
Legally obligated to provide auxiliary aids and services to ensure effective communication and equal access to all individuals, including those who are Deaf, hard of hearing, or have disabilities. This commitment is in compliance with several federal, state, and local laws designed to protect the rights of individuals with disabilities.
Legal Obligation
Under the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, and other relevant laws, [Organization Name] is required to provide necessary accommodations to ensure that individuals with disabilities have equal access to our services. These laws mandate that we take appropriate steps to ensure that communication with individuals with disabilities is as effective as communication with others.
Auxiliary Aids and Services Provided
- Sign Language Interpreters: Available for meetings, appointments, and events to facilitate communication.
- Assistive Listening Devices: Provided to enhance sound for individuals who are hard of hearing.
- Captioning Services: Real-time captioning for live events and meetings, and closed captions for pre-recorded videos.
- Communication Access Real-time Translation (CART): Available upon request for events and meetings.
- Written Materials in Accessible Formats: Including large print, Braille, and digital formats.
- More aids.
Resources By Setting
The following PDF documents provide information on the ADA related to deaf and hard-of-hearing people. Complying with Federal Law, Reporting Non-Compliance.
Please take a look at the PDF that fit your needs and download it.