Skip to main content


U.S. flag
      An official website of the United States government
              Here’s how you know
        Here’s how you knowDot gov**Official websites use .gov**
                 A **.gov** website belongs to an official government organization in the United States.
                  HTTPS**Secure .gov websites use HTTPS**
                 A **lock** (A locked padlock) or **https://** means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites. 
  Menu Close
          Enter the terms you wish to search for.
    Search
        








  
  
    

  
      

                                      About HHS
    
                        
                              
      
      
      Programs & Services
    
                        
                              
      
      
      Grants & Contracts
    
                        
                              
      
      
      Laws & Regulations                  
Civil Rights
  Information for Individuals
    
                        
                                            
      
      
      Filing a Complaint
    
                        
                                            
      
      
      Information for Providers
    
                        
                                            
      
      
      Newsroom

              

    



Breadcrumb
    HHS
                              Civil Rights Home
                              For Individuals
                              Disability
                              Communication for Persons Who Are Deaf or Hard of Hearing


    

    

    Navigate to:
  Civil Rights for Individuals and Advocates
                                            
            
            Race, Color, National Origin
    
                                                                
                                                                  
            
      
      
      
      Disability
                          
            
            Section 504
    
                                                  
                                            
            
      
      
      
      Age Discrimination
    
                                                  
                                            
            
      
      
      
      Sex Discrimination & Harassment
    
                                                  
                                            
            
      
      
      
      Title IX
    
                                                  
                                            
            
      
      
      
      Section 1557
    
                                                  
                                            
            
      
      
      
      Hill-Burton
    
                                                  
                                            
            
      
      
      
      Section 1553
    
                                                                
                                                                  
            
      
      
      
      Special Topics
                          
            
            Reproductive Health Care
    
                                                  
                                            
            
      
      
      
      Civil Rights and Opioids
    
                                                  
                                            
            
      
      
      
      Child Welfare
    
                                                  
                                            
            
      
      
      
      Community Living and Olmstead
    
                                                  
                                            
            
      
      
      
      Effective Communication in Hospitals
    
                                                  
                                            
            
      
      
      
      Emergency Preparedness and Response
    
                                                  
                                            
            
      
      
      
      Health Disparities
    
                                                  
                                            
            
      
      
      
      HIV/AIDS
    
                                                  
                                            
            
      
      
      
      Limited English Proficiency (LEP)
    
                                                  
                                            
            
      
      
      
      National Origin Discrimination
    
                                                  
                                            
            
      
      
      
      Shared Ancestry or Ethnic Characteristics Discrimination
    
                                                  
                                            
            
      
      
      
      Environmental Justice
    
                                                  
                                            
            
      
      
      
      Sex-Based Harassment
    
                                                  
                                            
            
      
      
      
      Temporary Assistance for Needy Families (TANF)
    
                                                  
                                            
            
      
      
      
      Civil Rights FAQs
    
                                                  
                                            
            
      
      
      
      Fact Sheets
    
                                                  
                                            
            
      
      
      
      HHS Nondiscrimination NoticeText resize icon

                    




Effective Communication for Persons Who Are Deaf or Hard of Hearing








  
  
    

  
      



**Effective communication** with a qualified person who is deaf or hard of hearing is communication that allows the person an equal opportunity to participate in, and enjoy the benefits of, a service, program, or activity.

What laws apply to effective communication for people who are deaf or hard of hearing?

**Section 504**

Section 504 of the Rehabilitation Act of 1973 (Section 504) forbids public and private entities that receive financial assistance from any federal department or agency (“covered entities”) from excluding qualified individuals with disabilities or denying them an equal opportunity to receive program benefits and services.

**ADA**

The Americans with Disabilities Act of 1990 (ADA) protects individuals with disabilities in employment, state and local government services, public accommodations (most private offices and businesses), transportation, and telecommunications.

Who is protected under these laws?

These laws protect **qualified individuals with disabilities:**

Has a physical or mental impairment that substantially limits one or more major life activities (such as hearing, speaking, sleeping, thinking, learning, working or the operation of a major bodily function)
	Has a record of such an impairment
	Is regarded as having such an impairmentTo receive services, education, or training, *qualified individuals with disabilities* must, with or without reasonable modifications, meet the essential eligibility requirements for the specific service, program, or activity.

Examples:

A 40-year old person who is deaf would not be **a qualified individual with a disability** for a program limited to people over 65.
	A 7-year old child who is hard of hearing would probably be **a qualified individual with a disability** for a vaccination program that is provided to all school-age children.What are auxiliary aids and services?

Auxiliary aids and services may be:

qualified interpreters*
	note takers
	transcription services
	written materials
	telephone handset amplifiers
	assistive listening devices
	assistive listening systems
	telephones compatible with hearing aids closed caption decoders, open and closed captioning
	text telephones (TTYs)
	videotext displays, or other effective methods of making *aurally delivered*** materials available to individuals who are deaf or hard of hearing* "*Qualified interpreter”* means an interpreter who is able to interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary.

** “Aurally delivered information” means information that is delivered through sound, including through speech, intercoms, telephones, recorded messages, loudspeakers, alarms, etc.

What should I do if I need auxiliary aid or service?

As soon as possible:

Let the entity know that you are deaf or hard of hearing
	Ask for the auxiliary aid or service you think you need (interpreter, notepaper, etc.)Who decides on the aid or service?

**The covered entity is responsible for ensuring that effective communication happens.**

Generally, the entity should consult with you and give primary consideration to fulfilling your request. They may use a substitute if the alternative also provides effective communication.**If an auxiliary aid or service is needed, the entity must provide it free of cost, after considering:**

How many people are participating in the communication and their individual characteristics
	The particular situation or context and the nature, length, complexity, and importance of the communication
	Whether a fundamental alteration of the program or service or would result in an undue burden. This decision must be made on a case-by-case basis.**Example Scenario:**

A person who is deaf went to the doctor’s office to have a blood test. The doctor knew that the visit would be very short and that there would be very little communication during the visit. After consulting with the individual, the doctor determined that an interpreter was not needed, and that writing notes and gestures would be effective for this patient in this situation. For the next appointment to discuss the results of the blood test and to talk about treatment decisions, the doctor provided an interpreter. In making these decisions, the doctor consulted with the individual, thought about the needs of the individual, the circumstances, the importance, nature, and complexity of the communication, and whether providing an interpreter would constitute an undue burden under the law.

What if I think the communication is not effective?

You can tell the service provider if you think the communication is not, or will not be, effective. You should tell the provider why you think it is not effective.

**Example Scenario:**

A deaf parent of a child in a Head Start program requested a meeting with the Director to talk about problems with her child’s teacher. The Director asked a teacher who was a close friend of the child’s teacher to serve as an interpreter. The parent told the Director that she thought an outside interpreter should be obtained because the interpreter might not be able to remain impartial.
                        Have Your Civil Rights Been Violated?        





File a Civil Rights Complaint

                    
  


Content created by Office for Civil Rights (OCR) Content last reviewed June 16, 2017Back to top
    Contact HHS
    
                        
                                            
      
      
      Careers
    
                        
                                            
      
      
      HHS FAQs
    
                        
                                            
      
      
      Nondiscrimination NoticeHHS Archive
    
                        
                                            
      
      
      Accessibility Statement
    
                        
                                            
      
      
      Privacy Policy
    
                        
                                            
      
      
      Viewers & PlayersBudget/Performance
    
                        
                                            
      
      
      Inspector General
    
                        
                                            
      
      
      Web Site Disclaimers
    
                        
                                            
      
      
      EEO/No Fear ActFOIA
    
                        
                                            
      
      
      The White House
    
                        
                                            
      
      
      USA.gov
    
                        
                                            
      
      
      Vulnerability Disclosure Policy
        Sign Up for Email Updates

Receive the latest updates from the Secretary, Blogs, and News Releases.

Sign Up
  HHS Headquarters
          200 Independence Avenue, S.W.
                  Washington, D.C. 20201
                  Toll Free Call Center: 1-877-696-6775​