The ADA and The Hearing Loss Community FL HLA Presentation July 8, - PowerPoint PPT Presentation

The ADA and The Hearing Loss Community – FL HLA Presentation July 8, 2020 Marc Dubin, Esq. CEO, ADA Expertise Consulting, LLC www.ADAexpertise.com mdubin@ADAexpertise.com 305-896-3000 Direct

Objectives of Presentation To Educate About the ADA’s Mandate Concerning Effective ฀ Communication Under Title III and Title II of the ADA The Application of Section 504 of the Rehabilitation Act ฀ Hospitals, Doctor Visits, and COVID 19- Rights and Challenges ฀ Service Animals and Restaurants, Hotels, Hospitals, and Other Businesses ฀ Captioning and Sign Language Interpreters and TV Reports By Elected ฀ Officials The Right To Auxiliary Aids and Services – What Is Required? What Is Not ฀ Required Resources of Interest ฀

My Background I operate a nationwide ADA consulting service, and serve as an ADA expert ฀ in federal court. www.ADAexpertise.com I formerly served as a Senior Trial Attorney at the Justice Department, in the ฀ Disability Rights Section of the Civil Rights Division, responsible for nationwide enforcement of the ADA on behalf of the United States.

Title II, Title III, and Section 504 of the Rehabilitation Act of 1973 Title II Primary Consideration Requirement ฀ Title III ฀ Section 504 ฀

General Obligation To Provide Effective Communication Must provide the “appropriate auxiliary aids and services necessary for ฀ effective communication.” See https://www.ada.gov/effective-comm.htm What is appropriate depends on several factors, including the length of the ฀ communication, the importance of the communication, and the consequences of getting the information conveyed wrong. Sometimes captioning is required, sometimes sign language interpreter, sometimes just passing of notes. Lip reading may suffice, but generally not, as 70% of lip reading in ineffective. Title II entities (operated by state or local governments) must give “primary ฀ consideration” to “the expressed preference of the individual with a disability”. A dialogue about what is needed is expected. ฀

How Does COVID 19 Affect These Rights and Obligations? ADA still applies ฀ Reasonable Policy Modification obligation ฀ Eligibility Criteria requirements still apply ฀ Direct Threat Analysis still applies ฀ See ฀ https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-a da-rehabilitation-act-and-other-eeo-laws See www.eeoc.gov/coronavirus. (Employment context) ฀

Masks and Effective Communication Auxiliary aids and services ฀ Reasonable modifications of policy ฀ Direct Threat ฀ NBC News ฀ Interview: https://nbcpalmsprings.com/2020/05/22/ada-experts-say-shoppe rs-with-disabilities-are-required-to-wear-a-mask/ ฀ Talking Points Memo ฀ Interview: https://talkingpointsmemo.com/news/behind-the-dumb-meme-t hat-disability-law-exempts-you-from-wearing-a-mask-at-costco

Denial of Access Due To COVID 19, Including Access To In-Person Interpreters Direct threat defense applies ฀ VRI may be a valid substitute ฀ CART and Remote CART ฀

The Use of Video Remote Interpreters – ADA Requirements DOJ Regulation: See https://www.ada.gov/effective-comm.htm ฀

The Use of Captioning, CART, and Assistive Listening Systems See https://www.ada.gov/effective-comm.htm ฀

Resources ฀ www.ADA.gov www.ADAexpertise.com ฀ http://www.ada.gov/hospcombr.htm ฀ ฀ https://www.hearingloss.org/coronavirus-covid-19-resources/ https://www.chadruffinmd.com/blog/2020/3/15/covid-19-and-hard-of-hearing ฀ https://www.ada.gov/hospcombr.htm ฀ https://safenclear.com ฀ Centers for Disease Control: https://www.cdc.gov/coronavirus/2019-ncov/index.html ฀ World Health Organization: https://www.who.int/emergencies/diseases/novel-coronavirus-2019 ฀ ฀ https://drive.google.com/file/d/1Pk7hMTtOEq6BlIUys82RAuDs7oxD7fe4/view Homemade mask