4 minute read
From the Hotline: Sign Language Interpreter
BY KIM LINK, ESQ.
Q: Am I required to provide a sign language interpreter for a hearing-impaired client, if requested?
A: Yes. The Americans with Disabilities Act (ADA) makes it unlawful to discriminate against people with disabilities. This includes those with physical or mental impairments that significantly limit major life activities, those with a history of such impairments, or those perceived to have such impairments. Many people think of the ADA as it relates to architectural barriers to accessibility for individuals with disabilities. However, the ADA also applies to communication barriers. The ADA covers most businesses that service the public, including real estate offices.
The ADA mandates that businesses communicate effectively with people who have communication disabilities. This means ensuring that communication with these individuals is as effective as with those without disabilities. If a client who is deaf or hearing-impaired requests auxiliary aids and services, you must provide them, as long as it is achievable without much difficulty or expense. Auxiliary aids and services include a variety of technologies and services such as qualified interpreters, note takers, written materials, assistive listening devices, and more. The goal is to make orally delivered materials accessible.
The ADA suggests consulting with the individual to determine the most effective aid or service. In many cases, the client may be able to provide information on their preferred method of communication such as a specific interpreter or video relay service. The final decision rests with the business, provided the chosen method ensures effective communication. If a client requests an interpreter, you must provide a qualified interpreter who can accurately and impartially interpret using any necessary specialized vocabulary. For real estate transactions, it’s important to find an interpreter familiar with real estate terminology. A business cannot require a client to bring their own interpreter. However, an adult accompanying the client can interpret if the client requests it, the accompanying adult agrees, and it is appropriate under the circumstances. This may not be suitable if there are concerns about the accompanying adult’s impartiality or effectiveness. For example, it may be inappropriate to rely on an accompanying adult to interpret who has a personal stake in the outcome of a transaction.
Businesses can ask for reasonable advance notice for requests for aids and services but cannot impose excessive advance notice requirements. They must provide aids and services unless it causes an undue burden, defined as significant difficulty or expense. If a specific aid or service is too burdensome, an alternative must be provided if possible. In determining whether a particular aid or service would result in an undue burden, businesses should take into consideration the nature and cost of the aid or service relative to their size, overall financial resources, and overall expenses. The cost of the aid or service must be covered by the business and cannot be passed on to the client.
Non-compliance with the ADA can result in significant penalties for businesses. Civil penalties for a firsttime violation can be up to $75,000 and up to $150,000 for subsequent violations. Businesses may also be required to pay compensatory damages to individuals affected by the non-compliance. Ensuring ADA compliance is crucial not only to avoid these penalties but also to foster an inclusive environment for all customers. Real estate brokers should establish ADA compliance policies and provide ongoing staff training on effective communication with people who have communication disabilities.
For more information, visit ADA.gov or call the ADA Information Line at 800-514-0301 (Voice) or 1-833-610-1264 (TTY).
Other resources include:
Maryland Department of Disabilities (mdod.maryland.gov)
Governor’s Office of the Deaf and Hard of Hearing (odhh.maryland.gov)
Kim Link is the Director of Legal Affairs for Maryland REALTORS®.
