Q: Why does the business/organization have to pay for the interpreter? Many Oklahoma businesses have not been paying for this service.

Q: Can I raise the deaf person's fees, or charge the deaf person for this service?

Q: Do I have to hire an interpreter? Could I just write notes with the deaf person?

Q: I have a staff member who signs pretty well; can I just use her to interpret?

Q: How can I get a qualified interpreter?

Q: Can I just tell the deaf person to bring his or her own interpreter?

Q: Can I use a family member or friend of the deaf consumer/patient?

Q: Why does the business/organization have to pay for the interpreter? Many Oklahoma businesses have not been paying for this service. - Back to Top

A: In 1990, President Bush signed the Americans with Disabilities Act (ADA), requiring businesses to provide accommodations to persons with disabilities. One such accommodation is interpreters for the deaf. Before the signing of the ADA, Oklahoma’s Dept. of Rehabilitation Services (DRS) set up a program to pay for critical needs, such as doctor’s appointments, financial situations, & attorney visits, using tax money. As a vendor for DRS, SLRS, Inc., has been providing interpreters and charging the state for the service. Now, with the enormous state budget cuts, the DRS program paying for these services has been completely cut.

The responsibility falls back to the businesses and organizations, which are responsible to provide and pay for sign language interpreters as mandated by the ADA. The Department of Justice has made it possible for persons with disabilities to sue non-compliant businesses, at no cost to the disabled. Additionally, many attorneys who practice constitutional law enthusiastically take on ADA cases because they are easily won. The reason? Case law shows Judges held businesses accountable, whether or not they were knowledgeable about the ADA. It is in your best interest to learn more! Businesses that choose not to accept the deaf, based solely on the reason the deaf person will require an accommodation, is a violation of the ADA.

Here are some resources:

OK Dept. of Rehabilitation, 800-833-8973
U.S. Department of Justice, or 202-307-2236
American Medical Association’s Position Paper on the ADA

Q: Can I raise the deaf person's fees, or charge the deaf person for this service? - Back to Top

A: No, this is forbidden by the ADA. It’s the business, or organization's responsibility to provide and pay for the service, and they cannot pass the cost back onto the deaf customer. However, you can raise ALL your customer’s fees to create some revenue for interpreting services. In addition, there are tax breaks and rebates available for small businesses that provide accommodations under the ADA.

One instance when you would not be required to provide an accommodation is if you can prove it’s a financial hardship. This is not measured appointment by appointment, but rather by the entity’s annual revenue minus any federal assistance in which the business might qualify. Claims of “financial hardship” rarely win in court.

Here are some resources:

OK Disability Law Center, 800-880-7755 V/TTY
IRS FORM 8826 “Disabled Access Credit”

Q: Do I have to hire an interpreter? Could I just write notes with the deaf person? - Back to Top

A: Yes and No. Notes are a form of accommodation for simple communication needs, but generally speaking, you will need a qualified interpreter to communicate effectively with a deaf person. Many deaf people do not have adequate English skills to effectively communicate by notes. Even when a deaf person’s English skills are very good, writing is time-consuming and cumbersome, and notes tend to be brief and businesslike rather than conversational and interactive. An interpreter allows both hearing and deaf consumers to speak freely and openly without misunderstanding, thereby reducing the risk of malpractice. It is best practice to always ask the deaf customer or client, which accommodation they prefer, and what works best for them.

Q: I have a staff member who signs pretty well; can I just use her to interpret? - Back to Top

A: Yes and No. The law requires the individual providing the interpreting service must be a “qualified interpreter.” “Signing” and “interpreting” are completely different tasks. An interpreter is able to impartially interpret spoken language into the equivalent of signed language. A “signer,” or low certified person, can rarely accomplish this. The Registry of Interpreters for the Deaf, Inc. (RID) and the Oklahoma Quality Assurance Screening Test (QAST) has an established process to help determine who is qualified, either by certification or screening. For most interpreting situations, a QAST level 4 up to RID or NAD 4 & 5 are considered “qualified.” SLRS tiers these certifications and screenings as levels. The higher the level, the better skills the interpreter possesses. Of course, the best person to determine if an interpreter is qualifed, is the deaf person. The deaf person should always be asked if the accommodation provided, is indeed “qualified.”

Q: How can I get a qualified interpreter? - Back to Top

A: SLRS- Sign Language Resource Services, Inc., is a referral agency located in Oklahoma City, which provides sign language interpreters to business and individuals for the entire state of Oklahoma. SLRS, Inc., is ethically bound to provide the highest level interpreter available. Call our office, or submit an online request for interpreting services form, and we will set up a service agreement. After the service agreement is signed, all you have to do is call our office, and give us the date and time of the next appointment. Please try to give as much advance notice as possible, but we will always accept last minute requests. Interpreting services can be used anywhere, and for anything. In some situations, another party may be required to provide and pay for the service. Because we keep current with federal and state laws governing this profession, we will inform you of such situations.

Q: Can I just tell the deaf person to bring his or her own interpreter? - Back to Top

A: No. This constitutes non-compliance to the ADA. The business is responsible to provide the accommodation, NOT the deaf person.

Q: Can I use a family member or friend of the deaf consumer/patient? - Back to Top

A: Generally speaking, no. You should avoid using family members or friends. Rarely can these individuals remain impartial, and many are not “interpreters.” Many times deaf consumers/patients will bring family members or friends instead of making a request for interpreting services because they fear retaliation or cancellation of services. You can assure them you are prepared to make your services accessible by providing professional, impartial interpreting services. Many instances, case law determined a signing family member or friend was not a “reasonable accommodation.” Again, it is best practice to always ask the deaf customer or client, which accommodation they prefer, and what works best for them.

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