As a business owner I know that the ADA may require me to provide a sign language interpreter when requested by one of my customers. I recently had a customer with a disability request an interpreter who spoke their native language because they could not speak English. Does the ADA require that I provide this type of interpreter as well?

Before addressing your question there is an important issue that has to be clarified. The ADA does require a business to provide a sign language interpreter upon request if necessary to ensure effective communication. Title III of the ADA addresses the responsibility of a business to provide "auxiliary aids and services" to ensure that communication with their customers with disabilities is as effective as the communication that they have with their customers without disabilities. A sign language interpreter is a form of an auxiliary aid or service. The sign language interpreter must be a "qualified" interpreter that means that they must be able to effectively communicate with the individual who needs this service. The determination of the appropriate auxiliary aid or service is made by the business but they should give primary consideration to the accommodation requested by the individual unless they can demonstrate that an equally effective accommodation can be provided or if providing the accommodation would fundamentally alter the nature of their service or pose an undue hardship. When determining what an appropriate auxiliary aid is the complexity of the information that will be exchanged and the duration of the exchange should be taken in to account. In some instances a sign language interpreter may not be necessary to convey basic information about a product or service. But a sign language interpreter may be necessary when conveying technical and/or legal information, negotiating contracts, determining scheduling of services or medical procedures, or filing complaints, etc.

The ADA does not require foreign language interpreters be provided to non-English speaking customers/clients who have disabilities. There are other laws and regulations that address the obligation of entities to provide effective communication to non-English speaking individuals. For example, The Civil Rights Act of 1964 states that any doctor, hospital or clinic seeing non-English-speaking patients, through federal programs like Medicare, must provide interpreters. Many States have laws governing provision of interpreters to non-English individuals in the schools, courts, etc.

For more information regarding your obligation to provide auxiliary aids and services to person with disabilities contact the Great Lakes ADA Center at (800) 949-4232 (V/TTY) or request a copy through our web site on-line form. In addition, there are tax incentives available to small businesses that can be utilized to offset the cost of providing auxiliary aids and services as well as for removal of architectural barriers.