As an HR consultant, assume you have a client that operates a place of public accommodation, namely a fitness gym. A member, who is deaf, inquires as to your Pilates class. Specifically, they are requesting an interpreter to receive instructions in the class and answer questions. What are the legal requirements?
Typically, the only statutes require interpreters are for state and local government facilities–public places (as opposed to private for-profit companies), such as courts.
And, the ADA requires accommodation to members of the public using government facilities (42 USC 12101—12213); inapplicable here.
The ADA also covers places of “public accommodation”, which does apply to the gym. This is to accommodate one’s disability or serious medical condition. Under 28 CFR 35.160-35.164, there is a requirement of providing “effective communication” to those with a disability. Research indicates this applies to such auxiliary aids (for example sign language) for people that are deaf or have hearing impairment, as opposed to foreign language interpreters.
On the other hand, if the individual is disabled and there is a need to communicate with her in order to accommodate, one could make the argument of needing an interpreter.
It should also be noted that such classes involve more “doing” than “talking”. In other words, the participants are watching the physical movements of the instructor, and little if any verbal instructions may be required. In this sense, a member can hardly allege damages or the inability to participate.
One option, which is quite expensive, is to have a sign language professional on staff. Possibly a better alternative is to have the disabled individual take a private class where the instructor has access to written materials, a person who takes notes, and sign language videoconferencing. There are number of companies, at approximately $3.50 per minute, that will remotely via video give such sign language instruction.
In any event, it would not be a good idea from HR standpoint to completely ignore the requests for assistance by such a deaf or hard to hear person.
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