The Americans with Disabilities Act (ADA) requires service providers to provide equal access to their services. This means that doctors, hospitals, lawyers, car dealerships, banks, museums, insurance agents, schools, etc. must make their services available by providing "Communication Accommodations" when requested. The law states that there are a variety of auxiliary aids that help communication with individuals who are Deaf or Hard of Hearing. These may include qualified inerpreters, notetakers, written materials, telephone handset amplifiers, assistive listening devices, telephones that are hearing aid compatible, closed captioned decoders, TTYs, videotext displays or other effective methods of making verbally delivered material available to individuals with hearing loss.
The law strongly encourages the service provider to consider the individual's accommodation preference. This means they should consider providing an Interpreter when it is requested. Sometimes an agency does not want to make this provision. Then, it is good for you to put your request in writing. This sometimes helps the agency to understand you really want the Interpreter or accommodation to make sure that communication is understood.
Thanks to Brinks and Associates in Grand Rapids, Michigan, and Celeste Johnson in Grand Rapids, Michigan, we can provide you with forms to make a formal request in writing. These forms are for informational purposes only. They are not offered as legal advice.
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When you are required to sign papers giving "Informed Consent" , this means you understand everything explained to you and you give permission for that service to be done. An example is when you have surgery. By signing the papers to allow a doctor to perform surgery, you are giving "informed consent" -- meaning that you understand the dangers and benefits of the surgery and agree with what is explained to you. To really be able to give your "informed consent", you must understand what you are signing. If you feel an Interpreter is needed because you do not understand the written explanation or cannot understand what the person is trying to explain, you can request an Interpreter.
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M70 Court Request for Accommodation
If you require an accommodation to participate in or observe a court proceeding, fill out and return by mail prior to the court appearance date.
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If you would like to request an "Accommodation", use this memo before you go to a hotel ... before you visit a Theme Park ... before you go to court ... before you meet with an attorney... before you go to the hospital ... before you go to your doctor. Give people an opportunity to provide you with the accommodation necessary to make their services accessible. Most of the time, business will not know that you are Deaf or Hard of Hearing and they are unfamiliar with the law. This written request form emphasizes this.
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If you require an Interpreter for situations which involve more than simple concepts, use this form to explain that you cannot effectively participate in a decision if you do not have appropriate communication accessibility.
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If you are provided with an Interpreter that you do not understand, you can request another Interpreter to be provided. This form will allow you to put in writing that effective communication was not achieved with the accommodation provided. If the service provider tells you to contact the Interpreter referral agency with your complaint, you can put in writing that it is their responsibility, not yours, to contact the agency that sent the Interpreter.
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10 Steps to Being an Effective Self-Advocate
SELF ADVOCACY: Individuals relying on themselves to make their own choices, expressing their needs and being recognized as part of society's decision-making process concerning provisions for people with disabilities.
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BELIEVE IN YOURSELF: You are worth the effort it takes to protect your interests and your rights.
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REALIZE YOU HAVE RIGHTS: You are entitled to equality under the law. Inform yourself by using resources and asking questions. Insist that explanations are clear and understandable.
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DISCUSS YOUR CONCERNS: Talk directly with your service provider either by phone, letter or in person. You may bring someone along for support.
- GET THE FACTS: The best way to problem solve is to be informed. Get the facts in writing. Ask for policies or regulations being cited to you. Hold agencies accountable for the decisions they make.
- USE THE CHAIN OF COMMAND: Use an agency's chain of command to make sure a supervisor or someone with authority has an opportunity to work with you on the problem and resolution.
- KNOW YOUR APPEAL RIGHTS: Request clear information on your appeal rights within the agency. Know what the next step will be if you are dissatisfied.
- BE ASSERTIVE AND PERSISTENT: Keep after what you want. The "squeaky wheel gets the grease."
- USE COMMUNICATION SKILLS: Have a plan outlining your concerns. Stay calm and express yourself clearly.
- ASK FOR HELP: Ask for help from advocacy agencies. Having an agency stand behind you is a great help most of the time.
- FOLLOW-UP: Don't give up without using these skills. Agencies are accountable for the decisions they make. You are entitled to know and exercise all of your options to obtain the assistance you need and the answers you want!
Learn more about Self-Advocacy by reviewing information on the National Association of the Deaf's website:
http://www.nad.org/issues/about-law-and-advocacy-center/advocacy-tips
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The National Association of the Deaf Law Center provides online information about the legal rights of Deaf and Hard of Hearing people.
- CAPTIONING
- Visual Announcements of Emergency Information by Television Broadcasters; How to File a Captioning Complaint
- GOVERNMENT AGENCIES -- Responsibilities of State and Local Government Agencies under Title II of the ADA
- Courts -- State and Local Courts, Federal Courts, Police, Prisons and Social Security Administration
- BUSINESSES AND PLACES OF PUBLIC ACCOMMODATION -- Title III of the ADA: Provision of Auxiliary Aids.
- Hotels; Lawyers; Tours
- HEATH CARE
- Doctors, Hospitals and Nursing Homes. See a Model Hospital Policy.
- JOB DESCRIMINATION
- Federal Employees and Title I of the ADA
- EDUCATION
- Public Schools, Public Colleges, Private Colleges, Workshops, Seminars and Conferences
- HOUSING
- Rights of Deaf individuals in Private Housing
- SETTLEMENT AGREEMENTS
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