What is effective communication?
When a person is interacting with an organization, communication is a necessary part of the transaction. The ADA's effective communication requirement refers to entities' obligation to provide communication aids and services necessary to achieve equal access to goods, services and programs.
What is required for communication to be effective depends on:
- the nature of the individual's disability,
- the complexity, nature and length of the interaction, and
- in some cases, the individual's preferred methods of communication.
Effective communication is not necessarily about communication being equivalent to communication with people without disabilities, but about facilitating the communication necessary for equal access and participation. For example:
A person with a visual impairment who recently signed up for utilities goes to the utility company office to report that they cannot read the bill in the standard format. They request that the customer service representative read the bill to them. The customer service representative, who is serving a long line of customers, does not read the four page bill word for word, but summarizes the categories of information on the bill, asks what information the person wants, and provides those details.
The auxiliary aids and services someone with a communication disability might need include, but are not limited to:
| Auxiliary aid or service | Communication disability |
|---|---|
| Large print or Braille materials | Visual impairment |
| Electronic materials in an accessible format | Visual impairment |
| CART (Communication Access Real Time Translation) | Deaf or hard of hearing |
| American Sign Language (ASL) Interpreter services | Deaf |
| Assistive listening devices | Deaf or hard of hearing |
| Communicating via email or text | Deaf, hard of hearing, speech disability |
| Pen and paper for a quick in-person exchange | Deaf, hard of hearing, speech disability |
Effective communication obligations can potentially be different from the obligations to provide reasonable modifications. It may not always be clear whether a situation should be treated as effective communication or a reasonable modification. In situations where an individual needs auxiliary aids or services in order to open basic communication with the entity, an effective communication approach should be used.
For information about reasonable modifications (also often referred to as reasonable accommodations), see:
Laws and obligations
The Americans with Disabilities Act (ADA) is a civil rights law that prohibits discrimination against people with disabilities and supports their equal participation in everyday life.
The ADA obligates Title II (state agencies and cities/towns) and Title III (businesses and non-profit organizations that serve the public) entities to communicate effectively with people who have communication disabilities, including by providing appropriate auxiliary aids and services when necessary. The goal is to ensure that people with vision, hearing, or speech disabilities can communicate with, receive information from, and convey information to Title II and Title III entities equally effectively as people without disabilities.
Basic obligations include:
- The entity needs to accept phone calls placed through a relay.
- The entity should give a timely response to requests for effective communication.
- Requests should be evaluated on a case-by-case basis, analyzing the individual's needs and the setting. The type of auxiliary aid or service necessary to ensure effective communication will vary in accordance with the length and complexity of the communication involved.
- If an individual asks for an auxiliary aid or service, the entity should provide it unless doing so would require a fundamental alteration to their business or would be an undue burden (financial or administrative).
If the organization is well prepared, this helps it to respond quickly and offer effective solutions. For example, if a website is not accessible by screen-reader software, it could take considerable time to alter. While the organization can provide information over the phone, it will be easier and faster for them to meet their effective communication obligations by designing their website for screen-reader use when they first build it.
For more information on obligations:
- The Department of Justice' guidance on effective communication provides an overview.
- The Effective communication section of the ADA Technical Assistance Manual provides specific examples.
How an individual requests effective communication
In this section, we will describe how an individual with a communication disability can go about requesting effective communication with an organization they are interacting with.
Usually requesting effective communication is very simple, e.g. "I am deaf, can you write answers to my questions?"
However, sometimes it can be a little more complicated, in which case it may be useful to do three steps:
- Evaluate your communication need for the situation in order to have equal access/participation
- Work out who to ask
- Make the request.
Evaluate your communication need for the situation
If you are an individual with a communication disability, how you address a need for effective communication will depend on the setting and the type of auxiliary aid or communication access you are seeking. You might want to ask yourself:
- What is my goal from this interaction?
- What information do I need to convey/receive to meet that goal?
- Is the information I need to convey/receive simple, or are nuances in language important (such as for a legal contract)
- What auxiliary aid or service options would be effective for me to convey/receive the information I need for my goal?
An individual with a disability should request the method of communication that works best for them in the particular context.
Some auxiliary aids need to be arranged or prepared in advance (e.g. ASL interpreter, CART reporter, individualized written material in alternative format), while other communication access needs can be met on the spot by stating your communication need directly to the individual with whom you are trying to communicate (e.g. communication with pen and paper). Some communication needs can be met on the spot if the organization has prepared (e.g. keeping commonly distributed written materials in large print).
Work out who to ask
In some cases, people will make a request for an auxiliary aid in response to notice of an upcoming meeting or event. In such an instance, the notice should include a contact person for communication or accommodation requests.
In on the spot situations, where you have contacted the organization by visiting their website, calling, emailing them or entering one of their locations, you can make a effective communication request to whoever you have first contact with. If they are not able to handle your request, they should be able to refer you to someone who can help.
For situations where you are requesting an aid or service in advance, for example a bill in large print, who it makes sense to reach out to depends on the type of entity:
Reaching out to state or local government (Title II entity)
Unless directed otherwise, reach out to the ADA Coordinator for effective communication requests and inquiries. Every state agency and municipality must designate an ADA Coordinator to coordinate its efforts to comply with the ADA.
That said, front line staff in state agencies and in municipalities should be prepared to both respond to on the spot requests for auxiliary aids and to direct individuals to the ADA Coordinator when applicable.
Reaching out to an organization that serves the public (Title III)
If you are doing business with, or seeking services from, an organization that serves the public (Title III entities, such as restaurants, gyms, stores, museums), you should be able to approach any public-facing member of staff. If that staff member cannot address your needs they should direct you to someone who can. This will often be a manager or someone in Customer Support.
Note that the ADA does not require Title III entities to assign a specific staff member to address disability related concerns. Thus, identifying the proper contact to discuss disability related issues may be more challenging.
Make the request
A request for effective communication can be made verbally or in writing. It does not require supporting documentation from a medical provider.
It is helpful for you to mention:
- What you are trying to do, as communication needs vary depending on what task you are trying to complete.
- What your communication disability is, briefly. This allows the entity to understand why you are facing a barrier to communication. If it isn't always obvious to people that this is a disability, you can start with "I have a communication disability" to help make it clear that this is a situation where the entity has obligations from the ADA.
- What auxiliary aid or service you are requesting. If it is not clear why this is necessary, it is good practice for you to explain.
- If there are multiple options that the entity might consider for providing effective communication, it will help if you can inform them of any preference you have and information about what sort of solution is likely to be effective so that the entity does not come back suggesting alternatives that will not work for you.
For example:
"I plan to attend the Town Meeting on the 14th. I'm hard of hearing, so I am requesting CART for the meeting. My hearing is not fully corrected by my hearing device, so assisted listening devices will not be effective. "
How an entity responds to a request: evaluation of the request and alternatives
Usually effective communication requests are simple and easy to provide.
Note that the more prepared the entity is, the easier it will be for them to easily provide effective communication. In some instances, an entity can take steps in advance that will eliminate a need for a person to even make a request. For example, making a website accessible so that it can be read with assistive technology would mean that a person who uses assistive technology would be able to read the website and therefore will not need to request the content be provided in an accessible format.
In cases where an individual with a communication disability is facing a communication barrier, they will need to approach the entity and explain their need for an auxiliary aid or communication access. Ideally, an individual needing an auxiliary aid to communicate effectively will only be minimally delayed in communicating with the entity, if at all. It is very important that entities train staff to understand general effective communication obligations and what to do and who to contact if/when they are approached by someone who identifies a communication need.
Entities holding public events or meetings should include instructions in their meeting notices for individuals who will need auxiliary aids to participate, including a contact name and the date by which they must make any requests.
Responding to a request
Upon receiving a request an entity should:
- Acknowledge that a request has been made
- Willingly engage in an interaction with the goal of meeting an individual’s effective communication needs as best they can
- Provide the auxiliary air or service requested, if it is reasonable
- Recognize that communication needs are usually time-sensitive: provide the requested aid/service or a decision quickly
If an entity is unable to complete a request, it should respond with an explanation and, whenever possible, offer an alternative option that meets the needs of the individual
How to evaluate a request
Each request should be evaluated on a case-by-case basis to determine whether it is reasonable. (An entity may not deny a request simply because they have denied a similar request in the past.)
In evaluating whether a requested auxiliary aid or service is reasonable, the entity must consider:
- The nature, length, complexity, and context of the communication
- The individual’s typical/preferred method(s) of communication
- If the requested auxiliary aid or service will be effective in allowing the individual to receive information from and convey information to the organization in a way that allows them to equally access goods and services and equally participate in programs and activities
For example:
Jonas is deaf and American Sign Language is his first language. English is a second language for him and therefore his writing and written comprehension is limited. If Jonas goes to his town Assessors’ office to request his tax bill and pay it, he could communicate effectively with the staff by making a quick inquiry using pen and paper. Although written communication is not his typical method of communication, it is sufficient to be effective in this instance, given that this is a simple transaction and both parties could understand each other.
Alternatively, if Jonas received notice from the Assessors’ office about a lien on his taxes that involved an error, the nature of the issue is both serious and complex. Without being able to communicate in his first language, Jonas may not be able to sufficiently explain his position or fully understand the Assessor's explanation. So, in this case, effective communication is only possible if the town provides an ASL interpreter.
If an entity finds that a request for effective communication is complicated or not immediately available, they will need to analyze the particulars of the situation to see if they can offer an alternative communication option that might be workable in the meantime.
Who chooses the auxiliary aid or service that would be most effective?
Title II (state and local government) and Title III (serving the public) entities have slightly different obligations under the ADA when it comes to choosing an aid or service to meet a request for effective communication/reasonable accommodation.
Keep in mind: Both Title II and III entities may require reasonable advance notice from people requesting aids or services based on the length of time needed to acquire the aid or service. However, covered entities may not impose excessive advance notice requirements. On the spot requests for aids and services must also be honored to the extent possible.
Title II entities are required to:
- Give primary consideration to the choice of aid or service requested by the person who has a communication disability.
- Provide the person’s choice, unless the entity can demonstrate that another equally effective means of communication is available, or that the use of the aid/service would result in a fundamental alteration or undue burden.
Note: If the choice expressed by the individual with a disability would result in an undue burden/fundamental alteration, the public entity still has an obligation to provide an alternative aid/service that provides effective communication if available.
Title III entities are encouraged to:
- Consult with the individual with a communication disability to discuss what aid or service is appropriate.
- Prioritize an aid or service that will be effective, given the person’s method of communicating and the nature of what is being communicated
NOTE: The ADA places the responsibility for providing effective communication, including the use of ASL interpreters, on Title II and Title III entities. Therefore, entities should not rely on companions to provide ASL interpretation.
Allowable reasons for denial
Title II (state and local government) and Title III (serving the public) entities are obligated to provide auxiliary aids and services to ensure effective communication unless doing so would result in an undue administrative or financial burden or a fundamental alteration.
Meeting effective communication obligations will sometimes require an entity to incur expenses and doing so could be considered “a cost of doing business.” An undue burden is defined as significant difficulty or expense. If a particular auxiliary aid or service would result in an undue burden, the entity must provide another effective aid or service that would not result in an undue burden, if possible.
What constitutes an undue burden will vary from entity to entity and sometimes from year to year. An entity that is doing this evaluation, should consider both the impact of changing economic conditions on the resources available and the cost of the request in relation to the overall financial resources and expenses of the entity.
Undue burden for Title II (state and local government) entities
When determining undue burden, state and local governments are obligated to consider the cost of the aid or service in relation to all resources available to fund the program, service, or activity and the effect on other expenses or operations. The decision should be made by a high-level employee, no lower than a department head, and the decision should include a written statement of the reasons for reaching the conclusion of undue burden.
Example:
A person who is deaf/hard of hearing arrives at a town zoning meeting and needs an ASL interpreter. The town publicly posted instructions to contact the ADA coordinator with effective communication needs by a specific date that has since past. The individual with a disability did not follow the posted procedure
Analysis: It would not be reasonable for the town to obtain an ASL interpreter with such short notice. The town should ask if there is alternative auxiliary aid or service that would work to meet the effective communication needs of the individual under the circumstances.
Undue burden for Title III (places serving the public) entities
When determining undue burden, businesses and nonprofits should take into consideration the nature and cost of the aid or service relative to their size, overall financial resources, and overall expenses. In general, a business or nonprofit with greater resources is expected to do more to ensure effective communication than one with fewer resources. If the entity has a parent company, the administrative and financial relationship, as well as the size, resources, and expenses of the parent company, would also be considered.
Fundamental alteration
Title II and Title III entities are also not required to provide an aid or service in the rare circumstances where it would fundamentally alter the nature of the goods or services they provide to the public.
Examples of fundamental alteration:
- In the performing arts, slowing down the action on stage in order to describe the action for patrons who are blind or have vision loss may fundamentally alter the nature of a play or dance performance. The entity still has obligations to explore alternative ways to describe the performance.
- An individual who is deaf requests for the lights in a planetarium to be raised so that she can see her interpreter. Since it is necessary for it to be dark in order to experience the exhibit, this would fundamentally alter the experience for everyone, including the person who made the request. Even though the planetarium could deny the service requested, it would still need to look for alternative ways to provide effective communication. One possible solution would be to offer the patron a seat off on the far right or left and provide a dim light for the interpreter.
Recourse if a request is denied
If an individual is denied their effective communication request, the entity should explain the reason for the denial. If no reason is given, it makes sense to ask for one. The reason may point to possible opportunities to resolve the matter, for example if there was a misunderstanding or alternatives were not considered.
Individuals who have been denied effective communication from a Title II entity may utilize the entity’s internal grievance procedure. The grievance procedure can usually be found on the entity's website as they must post it publicly.
A person who has been denied effective communication by a Title II or Title III entity may file an administrative discrimination complaint with the Department of Justice or Massachusetts Commission Against Discrimination.
Good practice preparing for effective communication
To communicate effectively with the public, a Title II or Title III entity should have a basic understanding of effective communication and auxiliary aids and prepare accordingly. With sufficient planning, an entity will not only be prepared to respond to on-the-spot requests for auxiliary aids but will also ensure that individuals with communication disabilities can equally access print and electronic content without having to ask.
MOD’s suggested best practices for meeting effective communication obligations:
Step 1: Identify all of your services
Identify all the services you provide and consider the ways consumers/customers might need to give and receive information to equally participate in your offerings. This includes taking inventory of the effectiveness of your current communication practices and anticipating what challenges you might face when engaging and sharing information with people with various communication disabilities.
Note: Title II entities already have an obligation under the ADA to self-evaluate their services and programs, so this step may have already happened. If so, consult with the ADA Coordinator or review your agency’s or municipality’s Self Evaluation and Transition Plans.
Do you:
- Offer printed/written materials (brochures, FAQ sheets, invoices, etc.)?
- Have a web site or share other web-based content (anything that lives on your website)?
- Engage in standard business interactions and transactions with the public in person, via phone, in writing)?
- Hold events (public meetings, presentations, trainings, activities)?
- Conduct internal and external meetings (in-person and virtual)?
Consider the ways your consumers/customers with communication disabilities might access/interact with your offerings:
- People who are visually impaired might need large print copies to read written materials or need someone to read the materials aloud
- People with print disabilities who use screen reading software will need websites and web content to be compatible with that technology
- A person with a communication disability might need extra time and assistance to communicate during an in-person interaction
- Individuals who are hard of hearing might need assistive listening devices and/or sound amplification for a meeting
Now that you have considered the potential needs of consumers/customers interacting with your services and programs, it's time to look at how you will meet your effective communication obligations.
Step 2: Develop an Effective Communication Plan
While it is not a legal requirement, it is a best practice to have a reliable communication plan in place that allows you to meet effective communication needs as they arise, without substantial delay. A good plan will include policies and practices that address how each routine communication method can be made effective for people with various communication disabilities. Additionally, an entity should establish a standard procedure for responding to a request, which includes a reasonable timeline for providing a response.
An effective communication plan should be flexible enough to respond to on-the-spot requests. It should also identify a point person who is ultimately responsible for handling effective communication and reasonable accommodation matters. For a Title II entity this will be the ADA coordinator.
Both Title II and Title III entities should inform all staff who the point of contact is for effective communication issues. They should also train all staff on effective communication obligations and existing policies, as well as their individual roles in ensuring effective communication.
Printed/written materials:
- Make commonly distributed materials accessible and readily available, including content you have created and content from other sources
- Identify vendors who can assist with creating accessible documents if needed.
- Moving forward, commit to always creating written content in an accessible format. (Often providing an electronic version supports much broader accessibility.)
- In cases where it is impossible to make materials accessible in a timely manner, identify alternative ways to meet effective communication obligations
Web-based and electronic content:
- Consider measuring your website against the most recent Web Content Accessibility Guidelines as a starting point.
- Have an assistive technology user provide feedback to ensure your website is compatible with assistive technology (screen reader, keyboard only, etc.)
- Make sure all new content uploaded onto your website is compatible with assistive technology
See MOD's Creating accessible digital documents guidance.
Standard business interactions and transactions:
- Make sure consumer/customer facing staff know about their obligation to assist an individual who requests extra assistance to communicate
- Make sure consumer/customer facing staff know who the point of contact is for help with disability-related issues
- Have policies and practices in place to ensure effective communication for shorter interactions (e.g. writing with pen and paper, assisting someone with filling out a document, explaining something that is written in print)
Public meetings and events:
ASL and CART:
- Reserve ASL Interpreters and CART service in advance . A longer meeting might require 2 ASL interpreters
- Include a statement about effective communication in meeting/event notices indicating that auxiliary aids are available, the point of contact for requesting them, and the deadline by which participants must submit their requests
- For an important public meeting that will be widely attended or for a meeting that involves the disability community, secure CART and ASL interpreter services even if there is no request (e.g., widely attended meeting, disability related subject, high stakes topic)
- If a virtual event, make sure the platform has the capacity to accommodate CART and interpreter
See MOD's tips for hosting accessible meetings and events.
Assistive Listening Systems:
- Commit to holding meetings in rooms that have audio systems
- Make a statement at the beginning of meetings/events that all speakers, including audience participants must use a microphone to speak and ensure that people do not speak without using the microphone throughout the meeting. (People connect to the audio system with devices, so speaking loudly is not comparable.)
- Inform staff of the availability of assistive listening devices, where they are located, and how to operate them
- Check that assistive listening devices are charged, in working order, and available at the time of meetings/events
Written Content:
- When holding a meeting/event describe any visual materials that are being referenced during a presentation (e.g., images in PowerPoint presentation). Remind guest speakers of this obligation.
- Make sure all meeting materials are available in alternative formats
Step 3: Implementing the Effective Communication Plan
An entity that is prepared to meet its obligations will have:
- Established policies for evaluating and responding to requests for effective communication
- Trained staff
- Procured auxiliary aids
Step 4: Continually Reflect on the Plan and Update as Needed
This “plan” leaves the entity in a better position to respond to requests in a timely way and to meet the communication needs of those they are serving. Even with a solid plan, however, the entity should still periodically review and update the plan in consideration of updated standards, changes in written content, acquisition of new technologies, new requests, and evolving laws and guidance. A good effective communication plan is adaptable and fluid.
More information and support
Reliable sources of further information on this topic:
- Department of Justice (DOJ)'s guidance on ADA Requirements for Effective Communication
- The National ADA Network's information on auxiliary aids and services
- A recording of MOD's 2021 seminar on Effective Communication for Organizations (1 hour)
You can also request a phone consultation with MOD to:
- discuss your rights and responsibilities, and
- explore practical options for addressing a situation.
To request a consultation, use our contact form to give us the key details of your situation and your questions.
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| Last updated: | August 12, 2024 |
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