Effective Communication

Here, communication includes interacting with in-person customers and answering questions, phone communication, company documents and promotional materials, digital forms found on your website, the website itself and other digital content, and any other way that a business interacts with or communicates with a customer. You can go here to find our fillable form for documenting and removing Communication barriers. 

EXAMPLE 1: An individual who is blind goes to see a new release at a movie theater. The movie theater is required to provide the individual with an audio description of the movie that they can use to watch the movie in the theater. 

EXAMPLE 2: An individual who is Deaf hires a lawyer to represent them in a custody dispute. The lawyer is required to provide an ASL interpreter upon request when engaging in any complicated communication with his or her client. 

The Americans with Disabilities Act requires that entities communicate with people with disabilities in a way that is equally effective to communication with people without disabilities.1 This is called “Effective Communication.” It is the role of a business and its staff to be able to facilitate communication, so the burden here can’t be placed on the customer. Providing auxiliary aids and services are your responsibility. We have produced a tool that will take you through an accessible communication audit for your business. It can be accessed here. 

Effective communication includes all communication that goes out from your business. It includes: 

  • Verbal communication with in-person customers; 
  • Communication over the phone; 
  • Documents and written communication including e-mails, signs, and handouts; 
  • Video and remote meetings; 
  • Website and other digital media.  

Communication through these mediums with people with disabilities must be as effective as communication with people who do not have disabilities. 

Auxiliary Aids and Services 

Under the ADA, Businesses are required to provide customers with disabilities with “auxiliary aids and services,” that are necessary for effective communication.3 This is legal term meaning methods that people with disabilities use to communicate – from qualified American Sign Language interpreters to accessible electronic and information technology. More information on Auxiliary Aids and Services can be found on a separate page, here. 

Auxiliary aids and services must be provided to customers with disabilities in person, over the phone, as part of documents and written communication, during video or remote meetings, and on a website or through other information technology. 

Communication is Individual-Specific and Context-Specific

Like many other elements we mention in this guide, communication is heavily dependent on the individual customer and their needs. A variety of disabilities impact how someone communicates — those that affect the senses, cognitive ability, and motor skills. You should always ask the customer for their preferred communication method. For example, not all people who are blind or have low vision know Braille. Some people may rely on audio description through their computer or phone. Likewise, a person who is d/Deaf may use American Sign Language or may prefer captions. The solution is to have multiple methods for facilitating communication and have a method for customers to choose which form of communication is effective for them. 

The more complicated the communication required, the more in-depth your accommodation needs to be to match.2 If a customer wants to know where the restroom is, pointing or writing down a message is probably enough. But an interpreter or similar service would be necessary for a more in-depth conversation.  

Accessible Materials

Communication also applies to materials that your business uses:  forms, documents, pamphlets, fliers, guides. Any documents, physical or digital, that you use to communicate information to customers need to be made with accessibility in mind. For physical documents, take the time to design them accessibly, or have alternative formats created when requested. Some of the important features to consider are having large and bold text, strong color contract between characters and backgrounds, adequate spacing between lines, and writing in Plain Language for ease of understanding. For digital documents, make sure to include all of these traits; but also make sure that Alt Text is added to any images, that the document is compatible with screen readers, and that any video or audio content has captioning included. Most Microsoft Office products include an Accessibility Review feature that can help tremendously with this process.  

Websites and Digital Content

A business’ requirement to provide effective communication can also apply to websites and digital content.4 As part of the ADA, the Department of Justice has adopted specific standards for website access for all state and local governmental entities.5 While there are not specific standards adopted for businesses, many businesses are required to have websites and information technology that are accessible to screen reading software. A review of a business’ website requires a technical expertise in website design, and we recommend that any business conducting an accessibility review contact a website designer to ensure that their website is compliant with the WCAG 2.1 or Section 508 of the Rehabilitation Act of 1973. Links to these regulations are available on our accessible website page. 

Disability Awareness and Communicating with People with Disabilities

Often, staff also need training on proper etiquette when communicating with customers with disabilities. First, staff should always address the person themselves and not their companion if they are traveling with someone. When communicating with anyone, it is important to address them directly. Second, if a disability affects a person’s verbal communication, some people feel uncomfortable admitting that they could not understand someone and asking them to repeat themselves. Most people with disabilities, however, would prefer if staff simply ask them to repeat a statement so that they know they are being understood. Part of any effective communication review should include staff training on disability etiquette. 

Footnotes

[1] 42 U.S.C. 12182(b)(2)(A). ↩

[2] 28 CFR § 36.303 (c)(1)(i). ↩

[3] 28 C.F.R.§ 36.303 (c)(1).↩

[4] Robles v. Domino’s Pizza, LCC, No.17-55504(9th Cir.2019).↩

[5] 28 C.F.R. 35.200. ↩