ADA Regulations Your Company Should Know
The Americans with Disabilities Act and the Rehabilitation Act were created to bring equality and access to all Americans. For the Deaf and hard of hearing, this means equal access to the communication that hearing people enjoy at no additional cost. At home, these services are paid for by the federal government through the TRS fund. But in the workplace, many organizations don't realize it is their responsibility to provide services for employees and customers. Failure to do so can result in fines and, more importantly, reputational harm.
The Americans with Disabilities Act was passed by Congress in 1990 and amended in 2008. It is the law that protects the civil rights of people with disabilities across many aspects of public life. ADA requirements that apply to companies with Deaf and hard-of-hearing employees tend to come from two sources: the text of the ADA itself, and regulations developed by the Department of Justice that state and local governments and many businesses must follow to ensure they do not discriminate against people with disabilities.
These regulations include:
Title I (Employers)
Title II (State and Local Governments)
Title III (Public Accommodations and Commercial Facilities)
Title IV (Telecom Companies)
Here is a simplified breakdown of the regulations. NexTalk encourages you to consult the actual ADA regulations and legal counsel before implementing policies in your organization.
ADA Title I — Employers
Applies to: Employers with 15 or more employees, including state and local governments, employment agencies, and labor unions.
General requirement: Employers must provide people with disabilities an equal opportunity to benefit from the employment-related opportunities available to others. This includes recruitment, hiring, promotions, training, pay, and social activities.
ADA Title II, Subtitle A — State and Local Governments
Applies to: All services, programs, and activities of state and local governments, including public education, transportation, recreation, healthcare, social services, courts, voting, emergency services, and town meetings. The ADA applies to state and local governments regardless of size or federal funding status.
General requirement: State and local governments must provide those with disabilities an equal opportunity to benefit from all programs, services, and activities. This includes providing interpreting resources to the Deaf, blind, and hard of hearing.
ADA Title II, Subtitle B — Public Transit
Applies to: Public transit systems.
General requirement: Public transit systems must provide people with disabilities an equal opportunity to benefit from their services. Private transit systems are also covered by the ADA under the section governing businesses open to the public.
ADA Title III — Public Businesses
Applies to: Businesses and nonprofits serving the public, including restaurants, hotels, retail stores, movie theaters, private schools (including housing), doctor offices and hospitals, daycare centers, gyms, organizations offering courses or examinations, and privately operated transit such as taxis, intercity and charter buses, hotel shuttles, and airport shuttles.
General requirement: Businesses must provide people with disabilities an equal opportunity to access the goods or services they offer. This means addressing communication barriers that prevent customers from accessing goods or services. For private schools, doctor's offices, and hospitals, this means providing interpreting for patients and TTY services for appointment scheduling. For hotels, this means providing TTY and RTT through the contact center and remote interpreting services at the front desk.
ADA Title IV — Telecommunications
Applies to: Telecommunication companies.
General requirement: Telephone companies must provide services to allow callers with hearing and speech disabilities to communicate. This is accomplished through both supporting the TRS fund and enabling services like TTY and RTT.
How NexTalk Helps Your Business Improve Compliance and Customer Service
NexTalk has designed products specifically to help businesses meet ADA requirements and provide exceptional support to their Deaf, hard-of-hearing, and cognitively challenged employees and customers. Access Government helps many federal, local, and state agencies comply with regulations, while Access Contact Center and Access Office help businesses meet the needs of their customers and employees, respectively.
