When do Interpreters have to be provided?

from Disabilities Rights Center of New Hampshire

Federal laws (Americans with Disabilities Act and Section 504 of the Rehabilitation Act) or State law (RSA 521-A) generally require an interpreter or “auxiliary aids” (such as a CART Reporter)* to be provided when it is necessary to ensure effective communication for a Deaf or Hard of Hearing person, i.e. as effective as it would be between people who hear. The exact requirements can vary a little in certain situations. Examples of AA’s are note takers, written materials, assistive listening devices or videotext displays. However, these devices cannot be substituted when an interpreter/CART Reporter is needed for effective communication.

Who must provide and reimburse the interpreter/CART Reporter?

EMPLOYERS: All private employers with over 15 employees and any state and local government and federally funded private employers must provide an Interpreter/CART Reporter when it is necessary for effective communication unless it would cause undue burden. For example, an interpreter should be provided for a Deaf or Hard of Hearing person at a job interview or staff training, but generally does not have to be available fulltime for the Deaf/HH person for carrying out daily employment activities.

ALL STATE, LOCAL, AND FEDERAL GOVERNMENT AGENCIES: Including town boards and departments, courts, police, jails,
government licensed facilities, community mental health centers, area agencies, etc. However, an Interpreter/CART Reporter may not be necessary for a simple or brief communication such as setting up an appointment, where passing notes with a receptionist may be sufficient; whereas one may be necessary for the actual appointment or event, e.g. interview of a Deaf/HH patient by a hospital discharge social worker or a Deaf/HH witness by police. Similarly, an interpreter would have to be provided by a zoning board to enable a deaf/hard of hearing applicant to “speak” in favor or against a zoning variance.

PLACES WHICH ACCOMODATE MEMBERS OF THE PUBLIC: Such as hospitals, doctorand lawyer’s offices, restaurants, hotels, day care centers, car dealers, or other retail establishments, when the Interpreter/CART Reporter is necessary for effective communication unless the entity can legitimately claim an undue burden. For example, a business would generally not have to provide an Interpreter for a deaf customer, as the communications involved will be typically simple and brief. However an Interpreter/CART Reporter generally should be provided for a Deaf/HH person where relatively complex, lengthy, and/or serious matters will be discussed, such as vehicle purchases, loan closings, lawyer or doctor appointments.

POLICE MATTERS: An Interpreter/CART Reporter must be provided when requested in advance for every stage of a proceeding before a state or local court, department, board, commission or licensing authority in which the Deaf/HH person is a party. An Interpreter/CART Reporter must be provided by police when interrogating (questioning) a Deaf/HH person arrested for a criminal violation which may include a fine over $100 or imprisonment. Remember police may have to provide an interpreter in other situations as well when it is necessary for effective communication.

Read the entire publication from the DRC website (.PDF format)

For more information about the ADA, please visit the ADA Home Page.

Links to Federal web sites and other web sites with disability-related information:

Disabilityinfo.gov

Disabilities Rights Center of New Hampshire