THE AMERICANS WITH DISABILITIES ACT (ADA): A SIMPLE GUIDE FOR BUSINESSES

5 Star Interpreting was founded by Ben Daniel and Cody Simonsen, both of whom have lived with the communication barriers the ADA is meant to solve. Their goal was simple: communication access for everyone. The ADA protects people with disabilities and requires equal access to information, including people who are Deaf, Hard of Hearing, DeafBlind, or those with vision or speech disabilities. Here’s a clear, easy-to-read overview of what the ADA requires and what your business must do to stay compliant.

WHAT THE ADA SAYS ABOUT COMMUNICATION ACCESS

Who the ADA Protects

People with:

  • Hearing disabilities (Deaf, Hard of Hearing, DeafBlind)
  • Vision disabilities (blind, low vision, DeafBlind)
  • Speech disabilities

These individuals may use different communication methods:

  • Sign language
  • Captioning or written notes
  • Assistive technology
  • Screen readers
  • Speech-to-speech services

What the Law Requires

Under Title II (government agencies) and Title III (businesses and nonprofits), covered entities must:

  • Communicate effectively with people who have communication disabilities
  • Provide information in a way that is as clear and complete as it is for everyone else
  • Offer auxiliary aids and services when needed

This includes both the person receiving services and their companions (parents, spouses, caregivers).

What This Means for Your Business

You must:

  • Identify where communication barriers exist
  • Provide the tools needed to remove those barriers
  • Ensure Deaf,

COMMON EXAMPLES OF ADA COMPLIANCE

  • Medical setting: Provide a certified ASL interpreter or VRI for appointments
  • Events or meetings: Offer interpreters, captioning, or CART
  • Video content: Add closed captions
  • Virtual communication: Use VRS or video platforms accessible to Deaf users

If your business gets this wrong, you risk:

  • ADA violations
  • Miscommunication
  • Safety issues
  • Legal consequences

The good news: 5 Star Interpreting can help you stay compliant.

AUXILIARY AIDS AND SERVICES EXPLAINED

The ADA uses “auxiliary aids and services” to describe tools that support equal communication.

For people who are Blind or have low vision

  • Qualified readers
  • Large print, Braille, or accessible electronic text
  • Audio recordings
  • Screen-reader compatible documents

For people who are Deaf, Hard of Hearing, or DeafBlind

  • Qualified ASL interpreters
  • Certified Deaf Interpreters (CDI)
  • Tactile interpreting
  • Oral or cued-speech interpreters
  • Real-time captioning (CART)
  • Written notes or scripts
  • Assistive listening devices

A qualified interpreter or reader is someone who can:

  • Understand the person clearly
  • Convey information accurately
  • Use specialized vocabulary when needed
  • Remain impartial

For people with speech disabilities

  • Speech-to-speech transliterators
  • Extra time for conversation
  • Pen and paper for written communication
  • AAC devices

Technology that supports communication

  • Assistive listening systems
  • Open or closed captioning
  • Videophones and captioned telephones
  • VRS and TRS
  • Screen reader and magnification software
  • Video description services

COMMUNICATION SUPPORT OPTIONS (CART, TRS, VRS, AND VRI)

CART (Real-Time Captioning)

  • Live captions typed by a trained transcriber
  • Works for meetings, events, or lectures
  • Can be on-site or remote

TRS (Telecommunications Relay Services)

  • Dial 711 to reach a relay operator
  • Helps people with hearing or speech disabilities use the phone

VRS (Video Relay Service)

  • Free service using a videophone or mobile device
  • Deaf users sign to an interpreter who voices the call

VRI (Video Remote Interpreting)

  • Paid service
  • Uses video conferencing to connect with a remote interpreter
  • Useful when on-site interpreters cannot be secured quickly

When VRI may NOT work

  • Poor internet connection
  • The person cannot see the screen due to vision loss
  • The person cannot be positioned to view the interpreter
  • The conversation is highly sensitive or complex

In these cases, an on-site interpreter is required. Professional ASL Interpreters are preferred.

HOW TO CHOOSE THE RIGHT AID OR SERVICE

Covered entities must consider:

  • The setting
  • The length of the conversation
  • The complexity of the information
  • The person’s preferred communication method

Examples

Simple communication:

  • Reading a menu aloud
  • Writing quick notes in a store

Complex communication:

  • Legal appointments
  • Medical consultations
  • Education, counseling, or therapy
  • Emergency or safety-related conversations

In these cases, a qualified interpreter or CART is needed.

DEAFBLIND INDIVIDUALS

DeafBlind people often use Support Service Providers (SSPs) for mobility and environmental information. SSPs are not ADA “auxiliary aids,” but they are essential for community access.

COMPANIONS ALSO HAVE ADA COMMUNICATION RIGHTS

If a companion has a communication disability, the ADA requires the entity to communicate effectively with them as well.
Examples include:

  • Hospitals speaking with a patient’s spouse
  • Schools sharing updates with a parent

The term “companion” includes any family member, friend, or associate of a person seeking or receiving an entity’s goods or services who is an appropriate person with whom the entity should communicate.

USING FAMILY MEMBERS AS INTERPRETERS (ADA GUIDANCE)

The ADA strongly discourages this, and it is seldom allowed. When you use a family member or friend as an interpreter, you assume major liability for any errors, mistakes, or omissions that may open your organization up to suit.

Family or friends:

  • May lack specialized vocabulary
  • May be biased
  • May be emotionally involved
  • May hide or soften information

Family and friends may be appropriate in some situations.

Here are two sets of examples: 

  1. Emergency with immediate danger, when no interpreter is available
  2. Non-emergency, if:
    • The individual requests it
    • The adult agrees
    • It is appropriate

Children are almost never appropriate interpreters.

WHO CHOOSES THE COMMUNICATION METHOD?

Title II (government agencies)

Must give primary consideration to the person’s request.

Title III (businesses and nonprofits)

Should consult with the person and choose an effective method based on:

  • What is being communicated
  • How the person normally communicates

ADA LIMITS — UNDUE BURDEN AND FUNDAMENTAL ALTERATION

An entity must provide auxiliary aids unless doing so would cause:

Undue Burden

  • Significant difficulty or expense
  • Depends on the size and resources of the entity
  • Must be documented by a high-level official

Fundamental Alteration

The request would change the basic nature of the service.
Example: slowing down a live theater performance to describe action in detail.
If one aid is an undue burden, the entity must offer another effective option.

STAFF TRAINING AND ADA COMPLIANCE

Even the best policies fail without trained staff. Covered entities should train teams on:

  • ADA basics
  • How to communicate with people with disabilities
  • How to use VRI, relay calls, and other tools
  • How to schedule interpreters and captioning
  • How to avoid discriminatory communication practices

Local disability organizations and Centers for Independent Living offer training.

OFFICIAL ADA RESOURCES

  • Website: www.ADA.gov
  • ADA Information Line
    • 800-514-0301 (Voice)
    • 800-514-0383 (TTY)

PLEASE FILL OUT THE FOLLOWING INFORMATION AND WE'LL BE IN TOUCH RIGHT AWAY!