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Running Head: VOCATIONAL REHABILITATION AND WORKPLACE !

Vocational Rehabilitation and Workplace Interpreting for the Deaf Jessica A. Carter Gardner-Webb University

VOCATIONAL REHABILITATION AND WORKPLACE Vocational Rehabilitation and Workplace Interpreting for the Deaf

Deaf individuals have experienced discrimination throughout history and faced many life challenges. One area that stands out as a domain that has received attention to work toward resolution is employment. The journey to employment for deaf Americans has taken major turns throughout 20th century. As individuals qualified for services, as well as employees, deaf people took a major leap in problem resolution in 1973 with the establishment of the Rehabilitation Act, and again in 1990 with the Americans with Disabilities Act. The two laws combined have set the stage for requiring state agencies to provide training and assistance, and public entities and businesses to provide communication access; leading to the position of an interpreter for the deaf in vocational rehabilitation and in the workplace. Public Law 93-112 The Rehabilitation Act of 1973 was a major turning point for people with disabilities, including the deaf community. Along with being a turning point for the community of deaf people, this federal law helped make interpreting a profession. This federal legislation authorizes a variety of programs for disabled Americans in a wide variety of settings for training and service. Some of the programs included under this law are: vocational rehabilitation, supported employment, independent living, and client assistance ("The Rehabilitation Act," 2004). Our focus is that within Public Law 93-112 lies the outline for vocational rehabilitation for individuals with disabilities in order to provide necessary training and means for employment. Within this section it will be examined how vocational rehabilitation affects the deaf community, and businesses regarding client eligibility, steps of rehabilitation, and the place of an interpreter. Vocational Rehabilitation (VR) is a state run program that provides individuals with disabilities with rehabilitation and support services to obtain and keep jobs compatible with their

VOCATIONAL REHABILITATION AND WORKPLACE skills and abilities. The state government supports the agency for VR services and budget and procedures can vary state to state. In order to be eligible for services there are requirements set up by each state. Generally in order to be eligible an individual must have a disability, physical or mental, and be able to benefit from VR services ("NC Division of Vocational Rehabilitation Services," 2013). The process for application for VR services can also vary state to state, but generally speaking the process enables the agency to verify the disability, how the disability affects work ability, and determine the services necessary. In the state of North Carolina, the Division of Rehabilitation Services will gather and review medical records, educational back-

ground, work history, and related information, as needed, to determine how services might be of assistance to a consumer ("NC Division of Vocational Rehabilitation Services," 2013). This process is typically done by a Vocational Rehabilitation Counselor often specializing in the specific disability category of the individual, along with other teammates such as psychologists, medical doctors, employment counselors and more. The VR Counselor will work with the client throughout the process in order to develop either a plan for higher education or a plan for employment. Within the Rehabilitation Act of 1973, not only does it set the stage for vocational services, but asserts the call for reasonable accommodations. Section 504 of the law lays out reasonable accommodations, which for deaf people is an interpreter in employment, housing, education, transportation, and health activities that use federal funds (Stewart, Schein, & Cartwright, 2004, pp. 119-123). Implementing interpreting services as a reasonable accommodation shifts the cost of interpreting from the participants to the federal government, or the agency using federal funds (Stewart, Schein, & Cartwright, 2004, pp. 119-123). What this means for VR services, is that the interpreter is supplied by the state agency. The state agency may have interpreters on staff, or contract them on an as needed basis from an interpreting

VOCATIONAL REHABILITATION AND WORKPLACE agency, or a combination of both. The place of the interpreter in this arena is to be sure to facilitate the communication between the deaf consumer and any federally funded entity. This comes up in a variety of ways in VR from initial interviews, doctor appointments required for

eligibility, work readiness classes, and in some states may cover the initial interview and training with companies. More often than not a states VR agency will develop relationships with companies that make the benefits mutual. According to North Carolinas Division of VR Services, working with VR can benefit a business in the following ways: Minimize your turnover. VR refers screened applicants who match your job requirements. Cut your hiring costs. You can reduce your screening and training needs for new hires. VRs on-the-job training service compensates you for providing training to our referral. Get no-cost follow-up and consultation on any employee with a disability. Qualify for one or more tax breaks when you hire a VR-referred applicant. Retain valuable workers. We can help you keep your workers if they acquire a disability ("VR can work for your business," 2013)

When a deaf employee is hired based on the referral of VR, federal funds can also be used to supply some accommodations within the hiring company. For North Carolina, and many other states, this includes things like amplified telephones, assistive listening devices, videophones, note taking services, interpreter services for required interactions, and even consulting on deaf culture (NC Division of Vocational Rehabilitation Services, 2013). The question may then arise for a company, when are interpreting services required? That question is something that developed a much more clear answer with the establishment of the Americans with Disabilities Act of 1990 for reasons of communication and equal access. Americans With Disabilities Act Brought into legislation in 1990, the Americans with Disabilities Act (ADA) was established in order to prohibit discrimination, and ensure equal opportunity employment, along

VOCATIONAL REHABILITATION AND WORKPLACE

with public accommodations. Overall, the federal legislation is a vastly broad civil rights act that encompasses many aspects of disability rights. As far as the deaf community is concerned, the ADA also mandates the establishment of equality for communications and services for the deaf regarding telecommunications ("Search ADA.gov," 2011). The ADA was originally enacted in public law format and later rearranged and published in the United States Code with amendments specifically directed toward communications for the deaf and hearing impaired ("Search ADA.gov," 2011). Throughout this section it will be discussed how the ADA establishes the requirement for interpreters for the deaf in public entities, and private businesses. While the law itself may be vastly broad and appear overwhelming at first glance, the requirement for interpreters is laid out. In some cases, the ADA specifies that an effective form of communication may consist simply of a written note, but if a conversation is more complicated, such as explaining a patients symptoms or a medical procedure, a qualified interpreter may be necessary. Though Public Law 93-112 established interpreters in agencies using federal funds, the ADA further develops the idea to full equal communication access in employment, state and local governments, public accommodations, and telecommunications relay services. The ADA extends beyond federally funded settings and also covers areas like legal, education, law enforcement, and employment. As far as employment is concerned, businesses are required to provide interpreting services for deaf employees for specific situations when communication is key. For instance, if a company is interviewing a deaf individual the company is required to provide a sign language interpreter. According to Title I - Employment of the ADA, these regulations apply to businesses with over 15 employees ("National Association of the Deaf," 2011.). Just as established previously, there can be benefits for a company hiring a disabled employee, such as tax cuts, and

VOCATIONAL REHABILITATION AND WORKPLACE depending on VR referral, an interpreter and other assistive technology may be paid for by federal programs.

Another key point of the ADA that involves interpreters for the deaf encompasses the use of video relay services (VRS). Title IV of the Americans with Disabilities Act mandates a nationwide system of telecommunications relay services to make the telephone network accessible to people who are deaf or who have speech impairments ("National Association of the Deaf," 2011.). This is another key way than an interpreter may come up in the business setting. In order for a business to call a deaf individual, or for a deaf employee to make a call, this VRS can be used. This is a program that uses qualified interpreters employed through VRS agencies, and is funded by the FCC and phone companies. According to the National Association for the Deaf, an organization established in the late 1800s to safeguard the civil right of deaf Americans, the need for accessibility is a right of the deaf worth advocacy (Humphreys, 2007, pp. 31-32). With that said, the ADA appears to have covered everything with regards to communication access with interpreters for the deaf in mind. Interpreters in the Workplace Thanks to the establishment of such laws requiring the rehabilitation, nondiscrimination, communication services, and equal access for the deaf, there is bound to be sign language interpreters in the workplace. There are several instances that an interpreter will be in the workplace. Now that it has been established by the examination of two major federal laws how and why interpreters are involved, it can be discussed exactly what that means. Under further examination, research can address the role of an interpreter in the workplace, qualifications for an interpreter, how to use interpreters effectively, who pays for the interpreter, and how to obtain a sign language interpreter.

VOCATIONAL REHABILITATION AND WORKPLACE Many people may easily confuse aspects of the profession of interpreting, starting with what exactly an interpreter is. According to the Registry of Interpreters for the Deaf (RID), a national registry and certification organization, there is a clear definition for what an interpreter for the deaf is, and how he or she works between signed and spoken languages. RID explains an

interpreter as, a highly skilled professional that must be able to listen to a message, and all of its linguistic features and intent, and render it into a visual language of signs using the mode of communication preferred by the deaf consumer at an equivalent message and visa versa (Humphreys, 2007, pp. 24). That lengthy, yet generalized definition encompasses quite a bit of information on what a sign language interpreter actually does. Quite frankly, interpreters are working with many pieces of information; within language there are many features that lead to the intended message. These features, such as vocabulary, semantics, intonation, volume, and syntax, exist in both the English language and American Sign Language (ASL). It is the interpreters job to understand these features in both languages, pick up the message using linguistics cues, and reiterate the same message into the target language using its linguistic features properly. Linguistically and culturally, English and ASL do not operate in the same manner, and with the use of a professional the success rate of clear communication is grossly higher. With the definition of an interpreter on the table, it makes it much easier to explain how this professional is needed in the workplace. Interpreting for a deaf professional in employment related settings occurs at various stages of employment. For example: the job interview, job orientation, training, union or staff meetings, employer-employee interactions, and office events require interpreters (Humphrey, 2007, pp. 337-338). Some examples in these areas of interaction are meetings with staff for productivity, performance evaluations, or office celebrations. As an employer it is important to understand that not only is it part of federal regulations to provide this

VOCATIONAL REHABILITATION AND WORKPLACE access, but it is at the best interest of the employer for effective communication. Whether a business is hiring a deaf professional as a teacher, IT specialist, or even as a cashier at a grocery

store, if the company exceeds fifteen employees an interpreter will be present in the workplace in that specified roll. It appears more obvious what the interpreters role is than exactly what is not the interpreters role. Occasionally, personality or cultural differences may come up in interpersonal communication, such as personality quirks, or societal factors that distract from understanding. For example, there are societal factors in the workplace as we find many power differences in certain roles. The most obvious of this may be the relationship between interviewer and interviewee (Mindess, 2006, pp. 204-205.) It is not the job of the interpreter to smooth out power imbalances, although it is important to be aware of them and how cultural differences may hinder communication. Additionally, the interpreter is often not trained in the profession of the deaf professional and cannot be used for consulting, or employee motivation. The role of an interpreter is the communication at hand with other business professionals. Every profession confronts the problem of identifying in some way those that it deems as qualified. Since the interpreters job incorporates a wide range of linguistic skill, qualifications for interpreters have been established. Much like other areas of this topic, standards for an interpreter for the deaf differ in many states. In general there are not specific standards regarding the qualifications an interpreter must have prior to interpreting in work related settings (Humphrey, 2007, pp. 339). However, states do require a specific license in order for an interpreter to work for money. The standards for licensure differ state to state and may incorporate skills tests, written tests, or completion of interpreter training programs. In order for an interpreter to hold this license there are also other requirements that vary in each state that may consist of renewal, and continuing education.

VOCATIONAL REHABILITATION AND WORKPLACE On the other hand, there are interpreters that hold specified certificates. Plainly, this certificate states that the bearer has met national standards. RID along with the National Association for the Deaf (NAD) have established guidelines and testing for a National Interpreting Certificate. The test for the National Interpreting Certificate (NIC) is a two-part

examination consisting of a written test and a performance exam; the performance exam involves both an interview of ethic concerns as well as a skills assessment of interpreting. In order to sit for the NIC exam an interpreter must hold a bachelors degree in any field of study prior to testing. Once the written portion is passed, the individual has five years to successfully complete to performance exam ("NIC Certification," 2013). Upon successful completion of NIC testing, the professional is required specific certification maintenance tasks, such as obtaining continuing education credits by attending professional workshops. In the workplace, more often than not, the deaf employee is consulted on specifications for an interpreter, and depending on the information at hand, the interpreter may need a specific background knowledge, or professional experience. Currently there is only one specialist certification, which is in the legal setting and has been available since 1998 (Humphreys, 2007, pp. 292). Although specialist certification is not required for the legal setting, it is highly suggested that an interpreter who has demonstrated specialized knowledge of legal settings and familiarity with language used in the legal system be used. It has been clearly established that interpreters are necessary and required in the workplace, and that in some instances can be paid for federally. Public Law 93-112 requires all agencies that receive federal funds to pay for such services when an interpreter is required for the deaf. This encompasses many services and when VR referral has been involved, federal funds are often used for the VR process, and can be used in some states in business areas once a deaf person has been hired and a relationship developed with a company. The use of federal money

VOCATIONAL REHABILITATION AND WORKPLACE may also be seen in the medical field when Medicare covers a patient because the healthcare services have been funded federally (Stewart, Schein, & Cartwright, 2004, pp. 132). Overall, if the services are federal, the payment for the interpreter comes from the same federal funds.

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The ADA on the other hand requires employers to cover reasonable interpreting expenses when required by the deaf persons job. This cost of interpreters can initially seem like an unreasonable expense to a business, and affect the hiring of a deaf individual. First off, direct communication is always the best option so places can really benefit from the hiring of a deaf individual, such as in counseling centers that services deaf consumers. This can be handled in the workplace effectively by including the cost of an interpreter as an operating expense. Business owners may promptly insist that this would raise price of goods too much, but in fact it hardly touches on overall cost of goods, and is rarely noted by consumers. For example, phone companies do this by adding roughly ten cents per consumer bill that goes toward to operating expense for paying interpreters in the Video Relay Service industry. For clarification, outgoing from a regular telephone, by dialing a number assigned to a videophone (VP), the caller is automatically connected with a video relay interpreter who explains the process and connects the call. The call is connected through a real time camera and the interpreter will sign to the deaf consumer, and voice interpret back to the hearing caller. The process works equally well in the other direction, going from deaf caller using a VP to a hearing consumer on a standard telephone, as well as the opportunity for direct communication between the deaf using VP to VP. Overall, when interpreting services are required federally, but not funded federally, the general operating expense of doing business can financially handle them. At this point it is clear as day that business people will encounter sign language interpreters in various way. The final question to answer is: How do I get an interpreter? Most often interpreters for the deaf are contracted either independently or through agencies. Each state

VOCATIONAL REHABILITATION AND WORKPLACE has a division that deals with services for the deaf and hard of hearing and is generally the best resource in getting an interpreter. Although interpreters are not hired through this division, the agency typically has resources for those searching for an interpreter. In the state of North Carolina, the Division of Services for the Deaf and Hard of Hearing has entire page of their website dedicated to a list of freelance interpreters by region, as well as a link of various

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interpreter referral agencies (Sign language interpreter/transliterator directory, 2013). In some situations, companies with deaf professionals may also hire staff interpreters whose hours are set to the professionals. This is something relatively typical of government agencies that employ deaf professionals, including, but not limited to, VR service agencies that employ deaf Vocational Rehabilitation Counselors. In the workplace, often times it is a good idea to ask the deaf individual if they have an interpreter or an agency to recommend. When it comes to scheduling an interpreter, whether a freelance interpreter or through a referral service it is best to supply specific information about the assignment. This information includes date, time (start time and anticipated length), location and directions, name and phone number for a contact person, format of the assignment (interview, meeting, presentation, etc.), any handouts or PowerPoint presentations that may be used, and billing contact information (NC Division of Services for the Deaf and Hard of Hearing, 2011). When obtaining an interpreter it is also important to know how many you will need. As a general rule, interpreting assignments lasting an hour or more generally require two interpreters. However some factors can influence a need for additional interpreters. These factors include: size of the audience, dynamics of the setting and language needs are often factors influencing the need for more than one interpreter (NC Division of Services for the Deaf and Hard of Hearing, 2011). The deaf professional, professional interpreter, or interpreting agency may be able to assist in evaluating the assignment to determine the number of interpreters needed. Additionally, each states department for deaf

VOCATIONAL REHABILITATION AND WORKPLACE and hard of hearing services can assist with any other questions and concerns for obtaining interpreters in the workplace, or anywhere else for that matter. Conclusion and Future Study Since the 1970s it has been a focus to help get deaf people into the workplace. With the establishment of two major laws, the Rehabilitation Act of 1973 and the Americans with

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Disabilities Act, the journey to employment for deaf Americans took major turns. As time went on the presence of vocational rehabilitation for the deaf, and rights to equal access communication has lead to the establishment of the interpreting profession. There are several instances that will lead to having an interpreter in the workplace. After examining the two laws, it becomes clear how important it is to recognize the place of the interpreter in public entities and businesses. Equal access communication establishes the profession of interpreters, and with proper research and education, the role of an interpreter in the workplace, qualifications for an interpreter, how to use interpreters effectively, who pays for the interpreter, and how to obtain a sign language interpreter can be addressed. With the rise of interpreter training programs, there has been a rise of standardization for interpreter licensure and certification, and as time continues businesses with continue to see more and more interpreters in the workplace.

VOCATIONAL REHABILITATION AND WORKPLACE Bibliography

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ADA Tool Kit: Chapter 3, General Effective Communication Requirements Under Title II of the ADA. (2010). ADA Tool Kit: Chapter 3, General Effective Communication Requirements Under Title II of the ADA. Retrieved September 20, 2013, from http://www.ada.gov/pcatoolkit/chap3toolkit.htm Americans with Disabilities Act Title II Regulations. (2010). Nondiscrimination on the Basis of Disability in State and Local Government Services. Retrieved September 20, 2013, from http://www.ada.gov/regs2010/titleII_2010/titleII_2010_regulations.htm Cartwright, B. E. (2009). Encounters with reality: 1,001 interpreter scenarios. Alexandria, VA: RID Press. Hauser, P. C., Finch, K. L., & Hauser, A. B. (2008). Deaf professionals and designated interpreters: A new paradigm. Washington, DC: Gallaudet University Press. Humphrey, J. H., & Alcorn, B. J. (2007). So you want to be an interpreter?: An introduction to sign language interpreting. Seattle, WA: H & H Publishing. Humphreys, L. (2007). Introduction to the field. In The professional sign language interpreter's handbook: The complete, practical manual for the interpreting profession (pp. 31-32). W. Van Nuys, CA: Sign Language Interpreting Media. Lane, H. L., Hoffmeister, R., & Bahan, B. J. (1996). The hearing agenda I: To mitigate a disability. In A journey into the deaf-world (pp. 335-365). San Diego, CA: DawnSignPress. Lucas, C. (2001). The sociolinguistics of sign languages. Cambridge, UK: Cambridge University Press. Mindess, A. (2006). Practical applications. In Reading between the signs. Boston, MA: Intercultural Press.

VOCATIONAL REHABILITATION AND WORKPLACE National Association of the Deaf. (n.d.). Rehabilitation Act of 1973. Retrieved September 20, 2013, from http://www.nad.org/issues/civil-rights/rehabilitation-act-1973 NC Division of Services for the Deaf and Hard of Hearing. (2011). Tips for hiring a sign language interpreter [Brochure]. Author. Retrieved September 25, 2013, from http://www.ncdhhs.gov/dsdhh/brochures/tips_hiring_sign_lang_interpreter.pdf

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NC Division of Vocational Rehabilitation Services. (2012). People who are deaf make awesome employees [Brochure]. Charlotte, NC: Author. NIC Certification. (2013). RID -. Retrieved September 25, 2013, from http://www.rid.org/education/testing/index.cfm/AID/86 The Rehabilitation Act. (2004, December 13). The Rehabilitation Act. Retrieved September 20, 2013, from http://www2.ed.gov/policy/speced/reg/narrative.html Scheetz, N. A. (2001). Deafness and the world of work. In Orientation to deafness (pp. 237-257). Boston, MA: Allyn and Bacon. Search ADA.gov. (2011). 2010 ADA Regulations. Retrieved September 20, 2013, from http://www.ada.gov/2010_regs.htm Sign Language Interpreter/transliterator Directory. (2013, September 24). Retrieved September 25, 2013, from http://www.ncdhhs.gov/dsdhh/directories.htm Stewart, D. A., Schein, J. D., & Cartwright, B. E. (2004). The business of interpreting. In Sign language interpreting: Exploring its art and science (pp. 119-123). Boston: Pearson/Allyn and Bacon. Valli, C. (2011). Linguistics of American Sign Language: An introduction. Washington, D.C.: Gallaudet University Press. VR can work for your business. (2013, July 11). NC Division of Vocational Rehabilitation

VOCATIONAL REHABILITATION AND WORKPLACE Services. Retrieved September 20, 2013, from http://www.ncdhhs.gov/dvrs/employ/businessemploy.htm

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VR Services for the deaf: http://www.ncdhhs.gov/dvrs/newspubs/pubs/Employment_Services_for_People_Who_Ar e_Deaf_Hard%20of%20Hearing_Late-Deafened.pdf

People who are deaf make great employees: http://www.ncdhhs.gov/dvrs/newspubs/pubs/People_Who_Are_Deaf_or_Hard_of_Heari ng_Make_Excellent_Employees.pdf

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