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Sign Language Regulation in The United States ​

The Americans with Disabilities Act (ADA, 1990) is a U.S. civil rights law prohibiting discrimination against individuals with disabilities in public services, employment, transportation, and digital access.[1] It ensures equal opportunities and accessibility in government and private sector services, requiring accommodations such as sign language interpretation and digital accessibility.

Government Obligations ​

Under ADA Title II, federal, state, and local governments must ensure equal access to public services for individuals with disabilities.[2][3] This includes providing sign language interpreters, captioning, and alternative communication methods in courts, emergency services (911), public offices, and public transportation.

  • Education: Public schools and universities must provide interpreters or captioning when needed.[4]
  • Healthcare: Hospitals, clinics, and medical offices must ensure deaf patients have access to interpreters for medical discussions.[5]
  • Government Services: Courts, public offices, and emergency responders must provide interpreters or relay services.[6]
  • Public Transport: Transit systems must offer visual announcements and alternative communication methods for deaf passengers.[7]

Additionally, federal agencies must follow the Rehabilitation Act of 1973 to ensure equal access in public programs.[8]

Private Business Obligations ​

Under ADA Title III, most businesses open to the public, regardless of size, must provide reasonable accommodations for individuals with disabilities.[9] This includes physical spaces (restaurants, hotels, theaters, retail stores, healthcare facilities, private schools) and digital spaces (websites, apps).[10]

Auxiliary aids and services must be provided for effective communication, especially for individuals who are deaf or hard of hearing.[11]

Simple transactions may be handled through written communication; complex situations (medical consultations, legal agreements) require qualified interpreters. Importantly, businesses cannot pass interpreter costs to customers.[11:1]

Auxiliary Aids and Services ​

The ADA’s Effective Communication requirements ensure effective interaction for people with vision, hearing, or speech disabilities with public entities (Title II) and businesses serving the public (Title III).[12][13]

Covered entities must provide auxiliary aids—qualified interpreters, captioning, assistive technologies, accessible documents—based on interaction context. This includes Video Relay Services (VRS) and Video Remote Interpreting (VRI), adhering to specific standards.[12:1][13:1]

Entities must prioritize the requested communication method unless it creates an undue burden (significant difficulty/cost) or fundamentally alters the service nature. Government decisions must be documented by officials; business assessments depend on size/resources. Staff training is crucial for compliance.[14]

Financial Responsibility ​

Businesses and service providers must cover sign language interpretation costs necessary for effective communication, without passing these onto the individual requesting accommodation.[15] Small businesses may claim undue burden exemptions but must provide alternatives like VRI.[16]

Implementation Timeline[17][18] ​

  • 1990: ADA signed into law.
  • 2010: Updated ADA Standards for Accessible Design, mandating high-quality VRS and enhancing digital accessibility.
  • 2022: DOJ reaffirmed websites and digital platforms must comply with WCAG 2.1 AA accessibility standards.

Penalties for Non-Compliance ​

  • Fines up to $75,000 for first violations; $150,000 for subsequent violations.
  • Risk of lawsuits from individuals, advocacy groups, or government agencies.
  • DOJ and state attorneys general can enforce compliance through legal actions, fines, and corrective measures.[19]

Court Decisions ​

Luna Perez v. Sturgis Public Schools (2023) ​

The U.S. Supreme Court unanimously ruled in favor of deaf student Miguel Luna Perez, affirming that ADA claims for monetary damages are valid even after IDEA settlements.[20][21] This decision strengthened disabled students' rights for full relief against discrimination.

National Association of the Deaf v. Netflix (2012) ​

Landmark decision where the U.S. District Court of Massachusetts ruled ADA applies to website-only businesses.[22][23] Netflix was required to provide closed captions, ensuring equal digital access.

E.E.O.C. v. UPS Supply Chain Solutions (2010) ​

EEOC sued UPS for not providing ASL interpreters to deaf employees. UPS agreed to policy changes and compensation, reinforcing employers' obligations under ADA to ensure effective communication.[24][25]

Silva v. Baptist Health South Florida, Inc. (2016) ​

Deaf patients successfully sued Baptist Health for failure to provide interpreters. The Eleventh Circuit allowed ADA and Rehabilitation Act claims to proceed, confirming healthcare providers' communication obligations.[26][27]

  1. U.S. Department of Justice. 1990. Americans with Disabilities Act (ADA) ↩︎

  2. U.S. Department of Justice. 2010. ADA Title II Regulations ↩︎

  3. U.S. Department of Justice. 1990. State and Local Government Services ↩︎

  4. National Association of the Deaf. 2017. State and Local Colleges and Universities ↩︎

  5. U.S. Department of Justice. 2003. ADA Business Brief: Communicating with People Who Are Deaf or Hard of Hearing in Hospital Settings ↩︎

  6. National Association of the Deaf. 2008. Communication Access in State and Local Courts ↩︎

  7. U.S. Department of Transportation. 2024. ADA and Public Transit ↩︎

  8. U.S. Department of Health and Human Services. 1973. Section 504 of the Rehabilitation Act of 1973 ↩︎

  9. U.S. Department of Justice. 1990. ADA Title III ↩︎

  10. U.S. Department of Justice. 2022. Guidance on Web Accessibility and the ADA ↩︎

  11. ADA National Network. 2017. ADA Quick Tips - Sign Language Interpreters ↩︎ ↩︎

  12. ADA National Network. 2017. Effective Communication ↩︎ ↩︎

  13. U.S. Department of Justice. 2020. ADA Requirements: Effective Communication ↩︎ ↩︎

  14. Simbo AI. 2019. Understanding the Concept of Undue Burden and Its Implications for Healthcare Providers Under the ADA ↩︎

  15. ADA Consulting, Inc. 2024. Who Bears the Financial Responsibility of ADA Compliance? ↩︎

  16. U.S. Equal Employment Opportunity Commission. 2002. Enforcement Guidance on Reasonable Accommodation and Undue Hardship under the ADA ↩︎

  17. ADA National Network. 2025. ADA Timeline ↩︎

  18. U.S. Department of Justice. 2024. Justice Department Finalizes Rule Requiring State and Local Governments to Make Websites Accessible ↩︎

  19. U.S. Department of Justice. 2014. Civil Monetary Penalties Inflation Adjustment Under Title III ↩︎

  20. U.S. Supreme Court. 2023. Luna Perez v. Sturgis Public Schools ↩︎

  21. PBS NewsHour. 2023. Supreme Court unanimously rules for deaf student in education case ↩︎

  22. National Association of the Deaf. 2012. Landmark Precedent in NAD vs Netflix ↩︎

  23. Disability Rights Education & Defense Fund. 2012. NAD v. Netflix ↩︎

  24. U.S. Equal Employment Opportunity Commission. 2010. EEOC v. UPS Supply Chain Solutions ↩︎

  25. U.S. Equal Employment Opportunity Commission. 2017. Litigation Brief: EEOC v. UPS ↩︎

  26. U.S. Court of Appeals, Eleventh Circuit. 2017. Silva v. Baptist Health South Florida, Inc. ↩︎

  27. ADA Southeast. 2017. Silva v. Baptist Health South Florida ↩︎