If you have problems communicating in English, the law’s on your side. Communication challenges confront non-English speakers in the United States on a daily basis. Interpreters help to guarantee equal communication for non-English speakers and native English speakers alike, but unfortunately, people often do not understand the work these professionals provide, or that businesses are obligated to provide these linguistic accommodations.
As a business owner, several laws you may be unfamiliar with are very important if you work with people who do not speak English, speak English as a second language, or have a disability. The first is Title VI of the 1964 Civil Rights Act and the second is the Americans with Disabilities Act (ADA) of 1990, which was later amended in 2008.
Title VI of the 1964 Civil Rights Act states that, “No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” Under this act, language is associated with national origin, and therefore no one can be discriminated against just because they have problems communicating in English. Consequently, anyone who is a non-native speaker of English must be provided with either interpretation or translation services by any entity receiving Federal financial assistance. Such entities include hospitals, schools, and courts, among many others.
The ADA declares that, “No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation.” Furthermore, these places of public accommodation must provide auxiliary aids “when necessary to ensure effective communication, unless an undue burden or fundamental alteration would result.” In plain English, a person who is deaf, for example, and has problems communicating in English has the right to a sign language interpreter.
Although a gas station might not be required to supply a sign language interpreter because of the undue burden it would require, hospitals, courts, schools, and insurance companies are required by law to provide language service accommodations for anyone who does not speak English as their first language during all phases of the process. For hospitals, this includes emergency services. Similarly, schools are required to provide interpreters for parents’ meetings with teachers and other school officials, and courts must guarantee access to all parties involved in such proceedings.
All of these interpretation and translation services are covered by the financial assistance these entities receive; individuals are not required to pay anything to receive equal access to services. It is recognized that problems communicating in English limit informed choice and adversely affect patients in clinical settings, participants in court proceedings, and in many other circumstances.
Everyone needs to know their rights so they can take full advantage of the laws and acts regularly passed on their behalf. Interpreters and translators should keep pace with these laws as they change so they also know their clients’ rights and their own responsibilities to provide them. In addition, interpreters and translators can help educate hospitals, schools, and other places of public accommodation on the important cultural, linguistic, and legal impact their services give to non-English speakers in the United States. By doing so, non-English speakers will have fewer problems communicating in English and will be better able to equally participate in a variety of services.
