Sign Language

Dutch2

Question regarding the use of Sign Language:
We have a contract with a local firm to use if we need someone that can use American Sign Language. We have a customer that does not want to use the firm that we have contracted for this purpose and they wish to use someone else that provides ASL. We are going to allow them to use the person / firm that they wish and we will pay for the service.
The question is are we "required" to use who the customer wants even though we have a contractual agreement with another firm?

System

When providing a reasonable accommodation, the employer does not have to provide the specific accommodation the employee requests, as long as the alternative accommodation the employer provides is a reasonable one. Absent some specific reason that the contracted company's interpreting services are deficient or unsuitable in some way, I can't imagine anything unreasonable about using one company's ASL interpreter over another's. So, in short, unless there are extenuating circumstances, you would not be required to use the interpreter of the employee's choice.

Dutch2

Missk thanks for your response.

In the meantime I had contacted the ADA Hotline and they informed us that we are not required to use the customer's service provider. Our obligation is to provide the service and if we have already contracted with another interpreting service, we can "persuade" the customer to use ours, especially since we are required to pay the fees. Even though we know our legal obligations we will be as flexible as we can with the customer's needs and to work with them as best we can. as long as the fees are comparable.

Open1

There might be a need to distinguish between a customer and an employee. ???

I had a situation many years ago where a hearing impaired employee was sexually accosted by his supervisor. The supervisor thought the employee wouldn't be able to "tell" anybody... If the employee was not comfortable with the interpreter, we might have found it much more difficult to fire the supervisor. We'd have only known there was a very upset employee, but not entirely why.

Is your situation with the customer this difficult? What is the overall impact on your business if you don't follow the customer's specifications? Is there a reason for the customer to distrust your service? Is there a reason for you to distrust the customer's service barring any significant difference in fees?

I don't mean to be difficult. Best wishes for a win-win outcome!

Dutch2

Very good points. This was not a difficult situation at all. The State School for the Deaf is in our community and therefore, we have access to lots of qualified people that can use ASL. Plus one of the colleges in town has an outstanding ASL program. We also have a few employees that can sign. This particular customer was simply more comfortable having someone sign for them that they already had a relationship with rather than a stranger. We did not challenge the customer and allowed them to use who they wanted when they first made their request known to us. As a company we were simply wondering if, going forward, we were required to always use and pay for any interpeter that a customer wants vs. the firm that we have a contracted to use.
Thanks for your comments.

ACU Frank

I can relate, having spent several years in the hometown of a State School for the Deaf in neighboring Kansas. Comfort level is everything in these situations, and if the customer transaction is of a private or critical nature, the customer's comfort level with the interpreter is even more important. Out of curiosity... was the customer's interpreter a professional, or just an acquaintance/friend? In towns with large hearing-impaired communities like yours, there are usually a large number of options.

P.S. - To others reading this thread, if you ever get a chance to attend a sporting event (particularly a football game) between two deaf schools, it will be one of the greatest experiences of your life - I guarantee it!

Dutch2

ACU... in this case I understand that the interpreter was both: a professional and a friend. Henceforth the comfort level for the customer.
You are right on about the sporting events at the School for the Deaf. I have not attended a football game, but I have attended several of their special events at their pool and in their gym and their cafeteria. They have some very special kids at their events.
We have a Kids Bank Board made up of two students from each of the High Schools in our county, a junior and a senior from each, even two from the Home School community`. The School for the Deaf is also represented on the Board. I remember that it was a bit awkard the first time or two that I spoke to this group (about 10 years back) with the ASL interpreter standing near me and signing to the deaf students. But you soon learn to just do your thing as usual and these students will do just fine.