Effective Communication

One of the most important cases that affect business owners in New Jersey is a case where a deaf patient repeatedly requested that her doctor hire a sign language interpreter. When the doctor refused to provide a sign language interpreter after repeated requests over a period of some 18 months, the deaf patient sued. At the end of the trial, the jury awarded $400,000 to the deaf patient. To learn more about this case, see NJ Doctor Sued for Refusing to Provide ASL Interpretation, Doctor Liable for Not Providing Sign Language Interpreter, and The Price of Disability Law.

It is important that small and large businesses be familiar with both federal and state disability laws that may affect their business.

Caption: A woman is fitting in a hearing aid

Like the blind and visually impaired, there are degrees of hearing impairments and speech impediments. How one communicates depends on one’s ability to hear, lip-reading skills, speaking abilities, and so on. Some people are deaf (cannot hear anything at all) and some are hearing-impaired (can hear a little or less than the average person). Some deaf people can read lips proficiently and speak well; others cannot and rely on sign language as the exclusive method of communication. Some hearing-impaired people need to hear and read lips simultaneously for effective communication. Hearing aids may help some—but not all—hearing-impaired people. The possibilities are endless.

When a person with a hearing impairment or speech impediment visits a business, it is sound business practice to find ways to communicate effectively. Sign language interpreters are not necessary in all cases. In simple business transactions, such as the selling of pizza, books, or clothes, exchanging written notes can be effective. These exchanges of written notes using pen and paper cost virtually nothing to the business owner. If you see a customer wearing a hearing aid, it is always a good idea to assume that the customer can read lips, so speak as clearly as possible and avoid covering your mouth or face.

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Deaf people are not deaf to justice. Blind people aren’t blind to justice either. When deaf, hard-of-hearing, blind, and visually-impaired people are offered accommodations, generally, there should not be any issues related to fulfilling their juror obligations. Provided that individuals with disabilities understand the proceedings and can intelligently answer questions during the voir dire stage, they can serve their juror obligations just as well as anyone.

Caption: Empty seats in the jury box

Yet, I was disheartened several weeks ago when I heard through the grapevine that certain legislators at the North Carolina House of Representatives were opposed to the idea that the deaf and hard-of-hearing should serve as jurors. The National Association of the Deaf blogged about this in North Carolina Legislators Oppose Deaf Jurors. When I read some of the transcript excerpts, I was astonished.

One legislator said, “You know we don’t have quadriplegics running track. Nor do we need to have deaf persons serving on juries…. But if you think about this realistically, folks, as an attorney, I’m never going to let a deaf person serve on a jury. It’s not going to happen.”

Correct me if I am wrong, but isn’t this the 21st century?

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