New York City ADA Violation Attorneys
ADA Litigation Representation Throughout New York State
As a person who is deaf or hard of hearing, you are entitled to effective communication methods, including an ASL interpreter, when you are engaging with a government or private organization. If a business or government agency refuses to provide an ASL interpreter to facilitate a complex conversation, you may be entitled to damages under the Americans with Disabilities Act (ADA).
At Bruce J. Gitlin, P.C., we are committed to offering compassionate advocacy when you are wrongfully denied an ASL interpreter. Our New York City ADA violation lawyers have over 40 years of experience and have successfully represented members of the deaf and hard-of-hearing communities in state and federal courts. Regardless of whether your rights were violated in a hospital, store, local police station, or any other venue covered by the ADA, we will leverage our extensive resources to help you fight for justice.
When Am I Entitled to an ASL Interpreter in New York?
Under the ADA, covered organizations are legally required to facilitate effective communication methods to persons who are deaf or hard of hearing. For simple, brief interactions, this may only warrant writing questions, answers, and statements down on paper or more sophisticated tools like teletypewriters. For sustained, more involved interactions, an ASL interpreter will often be necessary.
Many types of government and private organizations who routinely engage with the public are required to provide ASL interpreters when requested, including:
- Government Offices
- Police Stations
- Retail Stores
- Schools and Universities
In addition, current and prospective employers may not discriminate against deaf or hard-of-hearing employees or applicants. This means that they must reasonably accommodate their condition (absent undue hardship), which usually requires providing an ASL interpreter. If you are deaf or hard of hearing and need accommodations to complete an interview, the employer must generally provide an ASL interpreter to accommodate you.
In the grand majority of cases, a person who is deaf or hard of hearing is never responsible for paying for the expenses associated with an ASL interpreter. The organization covered by the ADA is typically responsible for covering these costs.
A covered organization must also generally hire a qualified ASL interpreter versus merely attempting to communicate in ASL. Even if a current employee is fluent in ASL, they may not be qualified to serve as an interpreter.
If you are not sure if your rights were violated, get in touch with Bruce J. Gitlin, P.C. Our New York City ADA violation attorneys can review what happened and advise whether you have a case.
Recovering Damages in a Disability Discrimination Claim
If an organization covered by the ADA refused to provide an adequate ASL interpreter, you will need to act quickly if you wish to recover compensation. In most situations, you will only have 300 days from the date of the discrimination to file an initial complaint with the Equal Employment Opportunity Commission (EEOC).
The EEOC will investigate and decide whether it wishes to pursue the case. If the EEOC declines to take your case or is unable to negotiate a resolution with the discriminating party, you will receive a Notice of Right to Sue. This letter gives you permission to file a private lawsuit against the discriminating party in state or federal court, but you will have only 90 days to start the process.
Our New York City ADA violation lawyers will aggressively represent you throughout the litigation process and seek the best possible result. Depending on the circumstances of the incident, we may be able to help you recover punitive damages and other forms of compensation.