Julie B. Griffiths Law Office: Policy and Procedure for
Providing Auxiliary Aids for Persons with Disabilities
Julie B. Griffiths Law Office (Griffiths Law) shall not discriminate against any individual on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of Griffiths Law in violation of the ADA, 42 U.S.C. § 12182, and the relevant implementing regulations, 28 C.F.R. Part 36. Griffiths Law shall not exclude or otherwise deny equal goods, services, facilities, privileges, advantages, or accommodations to an individual because of the known disability of an individual with whom the individual is known to have a relationship or association in violation of the ADA, 42 U.S.C. § 12182, and the relevant implementing regulations, 28 C.F.R. Part 36.
Griffiths Law will consult with individuals with disabilities to determine the type of auxiliary aid necessary to ensure effective communication, 28 C.F.R. § 36.303(c)(ii), and will provide timely responses to requests for auxiliary aids and services. The procedures outlined below are intended to ensure effective communication with clients involving their legal questions and claims.
PROCEDURES:
1. Notice of Policy:
Griffiths Law will furnish appropriate auxiliary aids and services, free of charge, when necessary to ensure effective communication with individuals with disabilities. All staff will be provided written notice of this policy and procedure, and staff that may have direct contact with individuals with disabilities will be trained in effective communication techniques, including the effective use of interpreters. Griffiths Law will provide notice of the availability of and procedure for requesting auxiliary aids and services through notices on our website and through notices posted prominently in the office in an area visible from the front desk.
2. Identification and Assessment of Need:
When an individual self-identifies as a person with a disability that affects the ability to communicate or to access or manipulate written materials or requests an auxiliary aid or service, staff will consult with the individual to determine what aids or services are necessary.
Griffiths Law will consider the types of auxiliary aids and services that will ensure effective communication. The type of auxiliary aid or service necessary vary in accordance with the method of communication used by the individual, including: the nature, length, and complexity of the communication involved, and the context in which the communication is taking place, 28 C.F.R. § 36.303(c)(ii).
3. Provision of Auxiliary Aids and Services:
“Auxiliary Aids and Services” include, but are not limited to: qualified interpreters on-site or through video remote interpreting (VRI) services; oral, relay or tactile interpreters; note takers; real-time computer-aided transcription services; written materials; exchange of written notes; telephone handset amplifiers; assistive listening devices; assistive listening systems; telephones compatible with hearing aids; closed caption decoders; open and closed captioning, including real-time captioning; voice, text, and video-based telecommunications products and systems, including text telephones (TTYs), videophones, and captioned telephones, or equally effective telecommunications devices; videotext displays; accessible electronic and information technology; or other methods of making aurally delivered information available to individuals who are deaf or hard of hearing. 28 C.F.R. § 36.303(b)(1).
Griffiths Law will not impose a surcharge on an individual with a disability to cover the costs of a particular auxiliary aid or service to comply with the requirements of the ADA, 28 C.F.R. § 36.301(c).
Qualified Interpreters
For persons who are deaf/hard of hearing and who use sign language as their primary means of communication, Griffiths Law will arrange for a qualified interpreter when needed.
a. Griffiths Law will not require an individual with a disability to bring another individual to interpret for him or her. 28 C.F.R. § 36.303(c)(2). Some persons who are deaf or hard of hearing may prefer or request to use a family member or friend as an interpreter. However, family members or friends of the person will not be used as interpreters unless specifically requested by that individual and after Griffiths Law makes an offer of an interpreter at no charge to the person.
Such an offer and the response will be documented in the person’s file. If the person chooses to use a family member or friend as an interpreter, issues of competency of interpretation, confidentiality, privacy, and conflict of interest will be considered. If the family member or friend is not competent or appropriate for any of these reasons, competent interpreter services will be provided.
NOTE: Children will not be used to interpret, in order to ensure confidentiality of information and accurate communication.
b. In the event that an interpreter is needed, the Griffiths Law staff member working with the person is responsible for obtaining one in a timely manner and must not attempt to proceed with communication until an effective interpreter has been obtained.
Communicating by Telephone
Griffiths Law utilizes relay services for external telephone communication with TTY users. Michigan Relay is a communications system that allows hearing persons and Deaf, hard of hearing, or speech-impaired persons to communicate by telephone. Users may reach Michigan Relay by dialing 7-1-1, and may reach our office at (810) 238-8330.
4. Refusing an Auxiliary Aid or Service:
The decision regarding the type of auxiliary aid or service to ensure effective communication ultimately rests with Griffiths Law, but the auxiliary aid or service must result in effective communication, 28 C.F.R. § 36.303(c)(ii). If Griffiths Law does not have an alternative means to ensure effective communication, it may only refuse to provide an auxiliary aid or service that would be effective if such auxiliary aid or service would result in an undue burden, which means a significant difficulty or expense, 28 C.F.R. § 36.303(a).
5. Anti-Retaliation Statement:
Griffiths Law will not engage in retaliation, coercion, interference, intimidation, or any other action prohibited by the ADA, 42 U.S.C. § 12203 and 28 C.F.R. § 36.206.