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Copyright © 2003 Ohio Legal Rights Service. All rights reserved.
This handbook gives information on laws which establish the right of people who are Deaf/Hard of Hearing (D/HOH) to an interpreter or auxiliary aid/service. This handbook is not designed to be a substitute for legal advice. This area of law is complex, and you should consult with an attorney to address your specific concerns. Contact your local bar association or visit the Ohio State Bar Association Web site to find a lawyer in your area.
The law guarantees that people who are D/HOH have a right to have an interpreter or auxiliary aid/services provided to them, when necessary, at no cost. The laws include:
It is the responsibility of the person who is D/HOH to inform the entity that he or she needs an interpreter or auxiliary aid/service.
Examples of auxiliary aids and services include:
The federal regulations under Title One state that employers should provide reasonable accommodations for employees such as qualified readers or interpreters, when the employee needs such accommodations to perform the essential duties of the job. You may have to provide your employer with proof of your need for an accommodation. If the employer does not provide such an accommodation the employee can file a charge of discrimination with the Ohio Civil Rights Commission (OCRC) within six months, or with the Equal Employment Opportunity Commission (EEOC) within 300 days. This charge of discrimination must be filed with an administrative agency as a prerequisite to filing a lawsuit in federal court. Under state law, it is not necessary to file a charge with an administrative agency when filing a lawsuit under Ohio Law only.
Refer to Where to File a Complaint for OCRC and EEOC contact information.
Title Two of the ADA covers public entities, i.e. state and local government agencies. The federal regulations state that public entities that have telephones must also provide TDDs. Telephone emergency services must also be directly accessible to people who use TDDs. A public entity should ensure that communications with people who are D/HOH are effective. A public entity should provide auxiliary aids and services such as a qualified interpreter where necessary to afford people who are D/HOH an equal opportunity to participate in and enjoy a public entity's programs and services. However, a public entity is not required to provide personal services or devices such as hearing aids to people who are D/HOH. A complaint against a public entity can be filed with the U.S. Department of Justice within 180 days of the discriminatory act. A private lawsuit can also be filed against a public entity.
Refer to Where to File a Complaint for the U.S. Department of Justice and the ADA Hotline web sites.
If the discriminatory public entity is an institution of higher education, a complaint can also be filed with OCRC at one of the regional offices. Ohio law requires institutions of higher education to provide auxiliary aids and services to students who are D/HOH. Educational institutions that receive federal funds (this is most schools, including most elementary and secondary schools) must also comply with Section 504 of the Rehabilitation Act of 1973, and a complaint of discrimination under Section 504 can be filed with the U.S. Department of Education Office for Civil Rights. Finally, public schools may also be sued under Title Two of the ADA.
Refer to Where to File a Complaint for OCRC and U.S. Department of Education Office for Civil Rights contact information.
Title Three of the ADA applies to places of public accommodation such as commercial establishments (e.g. restaurants, hotels, movie theaters), doctors' offices and hospitals. Places of public accommodation are required to provide auxiliary aids and services for people who are D/HOH where such aids and services are necessary to ensure effective communications. However, a place of public accommodation is not required to provide personal services or devices such as hearing aids to persons who are D/HOH. Complaints under state law can be filed with OCRC at one of its regional offices. Complaints can also be filed with the U.S. Department of Justice, and a lawsuit can be filed directly in court to seek injunctive relief under federal law.
Refer to Where to File a Complaint for the U.S. Department of Justice and ADA Hotline web sites.
All television broadcasters, cable operators, and satellite television services that provide local emergency news have a duty to caption all essential emergency information, or provide it visually. A complaint against these entities can be filed with the Federal Communications Commission (FCC) Disability Rights Office (mark your complaint "for Disability Specialist Review").
Federal Communications Commission
Consumer Inquiries and Complaint Division
445 12th Street, SW
Washington, DC 20554
voice 888-225-5322
TDD 888-835-5322
Fax 866-418-0232
E-mail access@fcc.gov
If an entity refuses to provide an interpreter or other auxiliary aid or service, complaints can be filed with several different agencies. Where a complaint is filed depends on which law is being violated (i.e. ADA Titles One, Two, or Three, Section 504, or Ohio Revised Code 4112), and on which program, service, or activity is involved. The following pages provide agency names, function and contact information. Contact the appropriate agency to file a complaint.
File complaints in the appropriate regional office. You may want to contact OLRS or a private attorney for advice before filing a complaint. Timelines for filing a complaint may be short, so you should seek legal advice promptly.
Akron Area
Ohio Civil Rights Commission
Akron Government Building
161 S. High Street,Suite 205
Akron, OH 44308
voice 330-643-3100
TDD 330-643-3100
fax 330-643-3120
Cincinnati Area
Ohio Civil Rights Commission
Holiday Office Park
801-B W. 8th Street, 2nd Floor
Cincinnati, Ohio 45203
voice/TDD 513-852-3344
fax-513-852-3357
Cleveland Area
Ohio Civil Rights Commission
885 Lausche State Office Building
615 Superior Ave., 8th Floor
Cleveland, Ohio 44113
voice/TDD 216-787-3150
fax 216-787-4121
Columbus Area
Ohio Civil Rights Commission
1111 East Broad Street, Suite 301
Columbus, Ohio 43205
voice 888-278-7101
TDD 614-752-2391
fax 614-466-6250
Dayton Area
Ohio Civil Rights Commission
800 Miami Valley Tower
40 West 4th Street, Suite 800
Dayton, Ohio 45402
voice/TDD 937-285-6500
fax 937-285-6606
Toledo Area
One Government Center
Jackson and Erie Streets
Suite 936
Toledo, Ohio 43604
voice/TDD 419-245-2900
fax 419-245-2668
For the nearest EEOC field office, call 800-669-4000 or 800-669-6820 (TDD).
EEOC Cincinnati District Office
550 Main Street, Suite 10019
Cincinnati, Ohio 45202
voice 513-684-2851
TDD 513-684-2074
EEOC Cleveland District Office
1660 West Second Street, Suite 850
Cleveland, Ohio 44113
voice 216-522-2001
TDD 216-522-8441
EEOC National Headquarters
U.S. Equal Employment Opportunity Commission
1801 L Street, NW
Washington, DC 20507
voice 202-663-4900
TDD 202-663-4494
Web http://www.eeoc.gov
For Complaints about ADA Title Two and Title Three violations, go to the U.S. Department of Justice's - ADA webpage: http://www.ada.gov/enforce.htm#anchor218282.
Or, for information about filing a complaint, call the ADA Hotline at 800-514-0301 or 800-514-0383 (TDD). The ADA Hotline also provides general information on the ADA, answers to specific technical questions, and free ADA materials. Materials are available in various formats for people with disabilities, and in some other languages.
Takes complaints for all programs, services, activities related to elementary, secondary, post-secondary education and libraries.
U.S. Department of Education
Cleveland Office
East Bank One Center
600 Superior Ave., Room 750
Cleveland, OH 44114-2611
voice 216-522-4970
TDD 216-522-4944
fax 216-522-2573
E-mail OCR_Cleveland@ed.gov
Ohio Legal Rights Service (OLRS)
50 West Broad Street, Suite 1400
Columbus, Ohio 43215-5923
Telephone 614-466-7264 or 800-282-9181
TDD 614-728-2553 or 800-858-3542
Web http://olrs.ohio.gov
OLRS is funded in part by, and prepared this publication with, grants under the following federal laws: Developmental Disabilities Assistance (DD) Act, administered by the Administration for Children and Families; Protection and Advocacy for Mentally Ill Individuals Act (PAIMI), administered by the Center for Mental Health Services of the U.S. Department of Human Services; and the Rehabilitation Act of 1973 as amended, administered by the Office of Education Services and the Rehabilitation Services Administration of the U.S. Department of Education.
Ohio Legal Rights Service does not discriminate in provision of service or employment because of race, color, religion, sex, sexual orientation, national origin, military service, disability, or age.