Communicating with People Who Are Deaf or Hard of Hearing
ADA Guide for Law Enforcement Officers
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Editor: What requirements does the ADA impose on law enforcement
officers? Here's a great pamphlet from the Department of Justice with
answers to that question. They encourage reproduction of this
information!
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As a law enforcement officer, you can expect to come into contact
with people who are deaf or hard of hearing. It is estimated that up to
nine percent of the population has some degree of hearing loss, and this
percentage will increase as the population ages.
Under the Americans with Disabilities Act (ADA), people who are deaf
or hard of hearing are entitled to the same services law enforcement
provides to anyone else. They may not be excluded or segregated from
services, be denied services, or otherwise be treated differently than
other people. Law enforcement agencies must make efforts to ensure that
their personnel communicate effectively with people whose disability
affects hearing. This applies to both sworn and civilian personnel.
Your agency has adopted a specific policy regarding communicating
with people who are deaf or hard of hearing. It is important to become
familiar with this policy.
Requirements for Effective Communication
The ADA requires that . . .
• Law enforcement agencies must provide the communication aids and
services needed to communicate effectively with people who are deaf or
hard of hearing, except when a particular aid or service would result in
an undue burden or a fundamental change in the nature of the law
enforcement services being provided.
• Agencies must give primary consideration to providing the aid or
service requested by the person with the hearing disability.
• Agencies cannot charge the person for the communication aids or
services provided.
• Agencies do not have to provide personally prescribed devices
such as hearing aids.
• When interpreters are needed, agencies must provide interpreters
who can interpret effectively, accurately, and impartially.
• Only the head of the agency or his or her designee can make the
determination that a particular aid or service would cause an undue
burden or a fundamental change in the nature of the law enforcement
services being provided.
Your agency's policy explains how to obtain interpreters or other
communication aids and services when needed.
Communicating with People Who are Deaf or Hard of Hearing
Officers may find a variety of communication aids and services useful
in different situations.
• Speech supplemented by gestures and visual aids can be used in
some cases.
• A pad and pencil, a word processor, or a typewriter can be used
to exchange written notes.
• A teletypewriter (TTY, also known as a TDD) can be used to
exchange written messages over the telephone.
• An assistive listening system or device to amplify sound can be
used when speaking with a person who is hard of hearing.
• A sign language interpreter can be used when speaking with a
person who knows sign language.
• An oral interpreter can be used when speaking with a person who
has been trained to speech read (read lips). Note: Do not assume that
speech reading will be effective in most situations. On average, only
about one third of spoken words can be understood by speech reading.
The type of situation, as well as the individual's abilities, will
determine which aid or service is needed to communicate effectively.
Practical Suggestions for Communicating Effectively
• Before speaking, get the person's attention with a wave of the
hand or a gentle tap on the shoulder.
• Face the person and do not turn away while speaking.
• Try to converse in a well-lit area.
• Do not cover your mouth or chew gum.
• If a person is wearing a hearing aid, do not assume the
individual can hear you.
• Minimize background noise and other distractions whenever
possible.
• When you are communicating orally, speak slowly and distinctly.
Use gestures and facial expressions to reinforce what you are saying.
• Use visual aids when possible, such as pointing to printed
information on a citation or other document.
• Remember that only about one third of spoken words can be
understood by speech reading.
• When communicating by writing notes, keep in mind that some
individuals who use sign language may lack good English reading and
writing skills.
• If someone with a hearing disability cannot understand you, write
a note to ask him or her what communication aid or service is needed.
• If a sign language interpreter is requested, be sure to ask which
language the person uses. American Sign Language (ASL) and Signed
English are the most common.
• When you are interviewing a witness or a suspect or engaging in
any complex conversation with a person whose primary language is sign
language, a qualified interpreter is usually needed to ensure effective
communication.
• When using an interpreter, look at and speak directly to the deaf
person, not to the interpreter.
• Talk at your normal rate, or slightly slower if you normally
speak very fast.
• Only one person should speak at a time.
• Use short sentences and simple words.
• Do not use family members or children as interpreters. They may
lack the vocabulary or the impartiality needed to interpret effectively.
What Situations Require an Interpreter?
Generally, interpreter services are not required for simple
transactions - such as checking a license or giving directions to a
location - or for urgent situations - such as responding to a violent
crime in progress.
Example: An officer clocks a car on the highway going 15 miles per
hour above the speed limit. The driver, who is deaf, is pulled over and
is issued a noncriminal citation. The individual is able to understand
the reason for the citation because the officer points out relevant
information printed on the citation or written by the officer.
Example: An officer responds to an aggravated battery call and upon
arriving at the scene observes a bleeding victim and an individual
holding a weapon. Eyewitnesses observed the individual strike the
victim. The individual with the weapon is deaf. Because the officer has
probable cause to make a felony arrest without an interrogation, an
interpreter is not necessary to carry out the arrest.
However, an interpreter may be needed in lengthy or complex
transactions - such as interviewing a victim, witness, suspect, or
arrestee - if the person being interviewed normally relies on sign
language or speech reading to understand what others are saying.
Example: An officer responds to the scene of a domestic disturbance.
The husband says the wife has been beating their children and he has
been trying to restrain her. The wife is deaf. The officer begins
questioning her by writing notes, but her response indicates a lack of
comprehension. She requests a sign language interpreter. In this
situation an interpreter should be called. If the woman's behavior is
threatening, the officer can make an arrest and call for an interpreter
to be available later at the booking station.
It is inappropriate to ask a family member or companion to interpret
in a situation like this because emotional ties may interfere with the
ability to interpret impartially.
Example: An officer responds to the scene of a car accident where a
man has been seriously injured. The man is conscious, but is unable to
comprehend the officer's questions because he is deaf. A family member
who is present begins interpreting what the officer is saying.
A family member or companion may be used to interpret in a case like
this, where the parties are willing, the need for information is urgent,
and the questions are basic and uncomplicated. However, in general, do
not expect or demand that a deaf person provide his or her own
interpreter. As a rule, when interpreter service is needed, it must be
provided by the agency.
List your agency's contact information for obtaining an interpreter,
an assistive listening device, or other communication aid or service
here.
For further information on the Americans with Disabilities Act
contact:
ADA Website: www.ada.gov
ADA Information Line
800-514-0301 (voice)
800-514-0383 (TTY)
This pamphlet was developed by the U.S. Department of Justice for law
enforcement personnel.
Reproduction is encouraged.
