Call 1-800-949-4ADA
for Technical Assistance

Workforce Investment Act E-bulletin - December 2004

The Southwest ADA Center distributes this E-bulletin on a regular basis to provide technical assistance to effectively serve and include people with disabilities.

If you have topic ideas or best practices you would like to share in future issues, please e-mail them to swdbtac@ilru.org.

The information herein is intended solely as informal guidance and is neither a determination of your legal rights or responsibilities under the Act, nor binding on any agency with enforcement responsibility under the ADA. For additional technical assistance, email swdbtac@ilru.org or call our hotline at 800/949-4232 (v/tty).

Choices for Providing Effective Communication to Customers Who Are Deaf or Hard of Hearing

One-Stop staff know that communication with people with disabilities must be as effective as communication with customers without disabilities. However, does that mean that you are required to provide an interpreter each time one is requested? Does that mean that you must have a TTY? Does that mean that your budget must be altered?

This E-bulletin provides answers to these questions. Here you will see a list of possible auxiliary aids and services and guidance on choosing the appropriate option for the One-Stop and for the individual customer.

TABLE OF CONTENTS

I The Legal Regulations

II Guidance on Choosing the Appropriate Auxiliary Aid or Service

III Options of Auxiliary Aids and Services For Customers Who Are Deaf or Hard of Hearing
A. Options for Communicating In-Person
B. Options for Communicating Over the Phone
C. Options for Customers Using the One-Stop Phone
D. Options for Communicating with Customers in Group Settings and Classes
E. Effective Communication Tips

IV Costs

V Resources

I. The Legal Regulations

EFFECTIVE COMMUNICATION

Section 37.9 (a) of Section 188, the non-discrimination regulations of the Workforce Investment Act requires recipients to ensure that communications with individuals with disabilities (that experience communication barriers) are as effective as communication with individuals without disabilities. Effective communications are often provided by using auxiliary aids or services, such as sign language interpreters, assistive listening devices, open and closed captioning on videos, TTYs, etc..

Section 188 - 29 CFR 37.9 (a) and (b) states:

(a) Recipients must take appropriate steps to ensure that communications with beneficiaries, registrants, applicants, eligible applicants/registrants, participants, applicants for employment, employees, and members of the public who are individuals with disabilities, are as effective as communications with others.

(b) A recipient must furnish appropriate auxiliary aids or services where necessary to afford individuals with disabilities an equal opportunity to participate in, and enjoy the benefits of, the WIA Title I--financially assisted program, activity, or service.

FUNDAMENTAL ALTERATION

Section 188 - Section 37.9 (f) of Section 188 does not requires recipients to provide auxiliary aids and services to individuals with disabilities (that experience communication barriers) if the action would be a fundamental alteration. However, the recipient must take any other action that would, to the best of the recipient’s ability, provide effective communication.

Fundamental alteration means:
(1) A change in the essential nature of a program or activity as defined in this part, including but not limited to an aid, service, benefit, or training; or
(2) A cost that a recipient can demonstrate would result in an undue burden.

Section 188 - 29 CFR 37.9(f) (1), (2) and (3) states:

(f) This section does not require a recipient to take any action that it can demonstrate would result in a fundamental alteration in the nature of a service, program, or activity.
(1) In those circumstances where a recipient believes that the proposed action would fundamentally alter the WIA Title I--financially assisted program, activity, or service, the recipient has the burden of proving that compliance with this section would result in such an alteration.
(2) The decision that compliance would result in such an alteration must be made by the recipient after considering all resources available for use in the funding and operation of the WIA Title I--financially assisted program, activity, or service, and must be accompanied by a written statement of the reasons for reaching that conclusion.
(3) If an action required to comply with this section would result in the fundamental alteration described in paragraph (f)(1) of this section, the recipient must take any other action that would not result in such an alteration, but would nevertheless ensure that, to the maximum extent possible, individuals with disabilities receive the benefits or services provided by the recipient.

To ensure your One-Stop complies with these regulations, you may want to consult the US DOL WIA Section 188 Disability Checklist. This very helpful checklist provides you with additional links to parts of the regulations as well as with examples of policies and procedures and other recommended steps that One-Stops can take to ensure full accessibility to people with various disabilities.

II. Guidance On Choosing The Appropriate Auxiliary Aid Or Service

When choosing from among options of auxiliary aids and services, there are four important points to remember:

1. Each individual’s communication barrier must be assessed on a case-by-case basis. Not every auxiliary aid or service works for everyone. In providing services to customers who are deaf or hard of hearing the question must be asked, “What is the job seeker’s primary language mode?” For example, some people who are deaf use ASL sign language as their primary way to communicate while others who are deaf may not.

2. Once the above question is answered, there are several options of auxiliary aids and services depending on language requirements and the scenario of the interaction. It is imperative that the complexity of the service situations be considered. Situations that involve long and/or complicated discussions as opposed to interactions that are quick and simple could require different modalities of removing communication barriers. For example, if a customer who is hard of hearing is just making an appointment with a job placement specialist, the exchange of handwritten notes may suffice. However, if this same customer is taking a job training class, the use of an assistive listening device may be needed (if that is the person’s most effective way of removing communication barriers).

3. One-Stops are required to consider carefully the preference of the One-Stop customer regarding how to best remove the communication barrier (what type of auxiliary aid or service to use). The Section 188 regulations refer to this as giving the individual “primary consideration.”

4. The One-Stop has the authority to choose from among effective options of auxiliary aids and services. Remember: If it is not effective, you have not met your legal requirements.

What about the limits on One-Stops having to provide auxiliary aids and services?

The One-Stop does not have to provide auxiliary aids or services to customers with disabilities (that experience communication barriers) if providing that particular auxiliary aid or service would be a fundamental alteration/undue burden (see section I. The Legal Regulations).

Factors that must be considered when determining a fundamental alteration/undue burden are:

III. Options Of Auxiliary Aids And Services For Customers Who Are Deaf Or Hard Of Hearing

A. IN PERSON COMMUNICATION
To communicate with a deaf or hard-of-hearing person when you and the person are in the same location, there are many possible solutions. Depending on the type of service provided and the degree of the individual’s hearing impairment and communication needs, options can include:

Handwritten notes - can be exchanged between staff and customer. Be aware that some individuals who are deaf may have limited English reading and writing skills because sign language is their first language. American Sign Language (ASL) and other types of sign languages are not English translated into sign but are separate unique languages. Handwritten notes are probably most appropriate for brief simple kinds of interactions such as making an appointment.

A computer terminal - take turns typing at the same computer. Again, be aware of possible language differences and barriers.

Qualified sign language interpreters – a qualified sign language interpreter is one who can both sign what is said to the individual and voice to the hearing person what is signed in an accurate, expressive, and impartial manner. In order to provide objective/impartial interpreter services, it is important to use a qualified sign language interpreter that is not a family member or a friend of the person. Qualified interpreters should be used when the service situation involves longer and/or more complex communications such as for interviews or training. For assessing when interpreters may be needed (see Section II - Guidance on Choosing the Appropriate Auxiliary Aid or Service).

Assistive listening devices - Assistive listening systems, also known as assistive listening devices (ALD), transmit sound directly to an individual who is wearing a sound receiver (hearing aid, headphone, neck loop etc.). ALDs reduce problems associated with background noise in one-on-one and group communication. By sending the sound signal directly to the individual's ears, an ALD enables the individual to hear and understand important sounds while also reducing frustration associated with hearing unwanted background noises.

There are three major types of ALD technology: FM radio signal, infrared light, and induction loop systems. FM systems transmit sound via radio waves. FM broadcast frequencies (72-76 MHz) are designated for use by FM systems. Infrared systems use lightwaves to send electrical signals to receivers that convert the electrical signals back to electrical energy and then sound. Induction loops use electromagnetic transmission to send sound through a loop of wire surrounding a seating area. A personal amplified system is another ALD option for one-on-one conversations and home media purposes. The personal systems are very small and portable and involve the use of a small microphone and receiver.

A communication board - connected to two TTYs (text-telephone devices) minus telephones. Conversation occurs by using these devices by typing and receiving text messages.

CART – Communication Access Real-time Captioning. This is instant translation of the spoken word into English text using a stenotype machine, a computer, and real-time software. The text appears on a monitor or other display. The One-Stop center can buy this service through a business or may want to purchase or borrow a ‘speech to text’ type system such as the iCommunicator at www.voicerecognition.com/icommunicator or Caption-Mic at www.ultech.com.

The One-Stop center staff would be able to work with the software to understand his/her speech in a matter of a few hours and would then be able to use this system repeatedly for visitors. Another option is Remote Captioning at www.remotecaptioning.com.

B. OVER THE PHONE COMMUNICATION

To communicate with a deaf or hard-of-hearing person over the phone, depending on the type of service provided and the individual’s degree of hearing impairment and communication needs, options can include:

State Relay System – a statewide system available through a local telephone company that allows a hearing person to communicate with an individual that is deaf or hard of hearing through a Relay operator. This free service is essentially a telephone interpreting service for people with communication disabilities. It enables a TTY user to converse with a non-TTY user. Relay operators serve as third parties to facilitate the communication, by typing and speaking the conversation, between the two callers. Dial 711 in any state to connect with the relay system. The relay operator will instruct the inexperienced caller on how to use the system.

Telecommunications Device for the Deaf - a teletypewriter or TDD (also known as a TTY) consists of a keyboard and electronic display. It converts typed messages into electronic tones, which are sent over a standard phone line, much like a fax machine. Communication is direct with anyone who has a similar device, or the Telecommunications Relay System can be used as a medium for communication. Some computers with modems can be used to communicate with some of the most recent TTY units.

Telephone/Video - another alternative for communication with those who use American Sign Language (ASL) is to use the telephone/video phone through the state’s Telecommunication Relay Program.

This involves installing a camera onto one of the One-Stop computer workstations (approximate cost is $80.00) and loading the appropriate software. The One-Stop staff and the job seeker then could talk to each other over the phone while sitting next to each other!

The State’s Telecommunication Video Relay Services System can be used to accomplish this. The State Commission for the Deaf/Hard of Hearing Office or the state Telecommunications Relay Service should be available to assist in setting up this arrangement.

Caption telephones - an effective telecommunications relay technology for people who are hard of hearing is called CapTel (Caption Telephones). The CapTel service lets users listen to their caller as it also provides written captions of everything the caller says on the CapTel phone.

Several states have this system set up through the state’s Telecommunications Relay and Equipment Distribution programs or are planning to do so in the near future. To obtain more information about Relay Services in your state, log onto www.nasra-trs.org.

C. SERVICES THAT INVOLVE THE CUSTOMER USING THE ONE-STOP CENTER PHONE

When providing services that involve the use of a telephone by customers who are deaf or hard of hearing, such as calling potential employers, the following options can be used to meet specific customer communication needs:


D. SERVICES PROVIDED IN GROUP SETTINGS SUCH AS CLASSES AND WORKSHOPS

For customers who have severe hearing loss, listening while reviewing materials will not be an option. It may be helpful to provide agendas or text materials prior to training course to allow additional preparation time.

To make a group learning session as accessible as possible, consider:


E. EFFECTIVE COMMUNICATION TIPS

Please note that to apply these tips appropriately the extent of hearing loss must be considered.


IV. COSTS

Develop One-Stop budgets with the understanding that each customer (disabled or not) will end up costing the One-Stop money in one way or the other. Creating equal access for people with disabilities who face barriers in communicating with the One-Stop staff is imperative. This should be seen as a regular cost of doing business and should be planned for in the annual operational budget - as are the costs of serving ALL One-Stop customers.

Regarding the contracting of sign language interpreters, some states’ Offices for the Deaf/Hard of Hearing may have special funds set aside for public accommodations or for special circumstances that cause an undue monetary burden.


V. RESOURCES

To learn more about auxiliary aids and services / accommodations for Deaf and Hard of Hearing persons, go to the following Web sites:

RESOURCES CITED IN THIS E-BULLETIN

ADDITIONAL RESOURCES

References


If you have a question about a particular situation regarding your One-Stop, please e-mail us at swdbtac@ilru.org or call us (800) 949-4232

contact us: DBTAC Southwest ADA Center
800-949-4232 or 713-520-0232 v/tty