Equal access is a fundamental principle of communication for all, whether the subject matter being discussed is hearing ability or language ability. It encompasses information and legislative adherence to language accessibility and assistive listening. Let us look at the most relevant legislation and standards, which warrant these feature areas of accessibility.
Language Accessibility: Breaking Communication Barriers
Language access provides information and services to people with limited English proficiency (LEP). Federal laws and regulations in the United States mandate language access in many situations:
Title VI of the Civil Rights Act of 1964
This landmark law prohibits discrimination based on race, color, or national origin in federally funded programs and activities. Federal agencies and courts have interpreted this to encompass discrimination against limited English proficient persons. Federal recipients such as schools, health care providers, and social service agencies are mandated to make a good faith effort to offer meaningful access to their services and programs to limited English proficient individuals. Translating important documents, furnishing competent interpreters, and employing bilingual employees can be included.
Executive Order 13166
Access to Services for Limited English Proficient Persons: The executive order reaffirms Title VI and directs the federal agencies to negotiate and sign agreements for the provision of meaningful access to LEP individuals. It makes it compulsory for federal agencies and federal fund recipients to obtain comprehensive standards and guidelines.
Americans with Disabilities Act (ADA)
Though its application is mostly to the disabled, the ADA is likewise applied to language access. They employ extremely well-trained interpreters who specialize in American Sign Language (ASL) and also English for use by deaf and hard-of-hearing consumers who speak English as a second language.
There are certain industry regulations. In most states, there are industry regulations in the health care sector requiring language assistance services in clinics and hospitals. There are interpreters also being provided in the judiciary sector as the norm for limited English proficiency individuals.
The definition of “reasonable steps” in language access determination is founded on a wide array of various factors, including the number or percentage of LEP individuals to whom services are being made available, the frequency of access to the program, the nature and extent of importance of services being made available, and resources available to the recipient.
Assistive Listening: Enabling Accessibility to the Hearing Impaired
Assistive listening devices and systems are utilized to facilitate hearing for individuals who are hearing-impaired. Not always so neatly compartmentalized into every given situation, however, the ADA does come into play to require the utilization of auxiliary aids and services, like ALS, to try and make communication as effective as it can possibly be.
Title II and Title III of the ADA
The ADA’s Titles II and III require state and local governments (Title II) and public accommodations facilities such as movie houses, concert halls, convention centers, and schools to furnish auxiliary aids and services whenever such are required to enable effective communication with individuals with disabilities, including hard-of-hearing individuals.
- Assistive Listening System models: ALS comes in a number of different models, including:
- Hearing Loops (Induction Loops): Electromagnetically transmit sound through a wire loop to telecoil (t-coil)-equipped hearing aids.
- FM Systems: Transmit sound in radio waves to a receiver that is worn on the listener’s body.
- Infrared Systems: Transmit sound in infrared light to a receiver.
ALS’s decision to provide is guided by consideration of nature, office size, and the tailored needs of people served. ADA-covered elements in total are dedicated to providing an adequate number of assistive listening receivers and making available equipment that is in good working condition. Notice to advertise ALS is also given.
It is to be noted, also, that the ADA nowhere mandates someone to utilize one specific brand of ALS in every situation but rather that whatever one may select, the auxiliary aid or service can communicate.
Conclusion
Linguistic access and the utilization of assistive listening devices are two of the foremost areas in the quest for equal access and inclusion in America. We need to make sure government agencies and ministries remain connected with the legislation and laws they operate under, i.e., the Americans with Disabilities Act and Title VI of the Civil Rights Act. Functioning assistive listening aids and adequate facilities for language assistance enable us to avoid communication barriers and create a level playing field for all. Contact Translinguist today to learn how we can tailor solutions to your organization’s unique accessibility needs.
FAQs
Who is required to provide language access services?
Organizations that receive federal funds are required to provide reasonable access to LEP individuals. State and local governments and public accommodations are required to furnish auxiliary aids and services, such as language interpreters and assistive listening devices, under the ADA.
Are bilingual employees required by companies?
Not necessarily required, although bilingual workers are the future for businesses that have high numbers of LEP customers. Differing on a case-by-case and local ordinance basis.
How do I request that an assistive listening device be furnished to me at a public hearing?
Where assistive listening systems are available, there will usually be an information desk contact point where you can request to be provided with a receiver. Advance requests would be sensible in the event of large events.
What if I believe my language access or assistive listening rights have been violated?
A complaint may be made to the proper federal agency, i.e., the Department of Health and Human Services or the Department of Justice, depending upon the type of violation and the agency. Access to file complaints at the state or local government level may also be used.
What are best practices in ensuring language accessibility?
The best practices are to conduct needs assessments of populations being served LEP, have a language access plan, train staff in language access policy and procedure, utilize qualified interpreters and translators, and supply translated documents for significant information.
What are the best practices for the implementation of assistive listening systems?
These would include proper identification and installation of the systems by site and audience requirement, the repair and maintenance of the correct ones, sufficient ALS availability signage, equipment and supply staff training, and ongoing monitoring of system effectiveness
