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ASL TALENT: Businesses Must Provide Other Accommodations. Even with clear face shields or masks, deaf and hard of hearing people may need other accommodations for longer conversations. You may need interpreters or captioning at work, hospitals, courts, lawyers’ offices, and schools.
1. Workplaces. Employers should give clear masks or clear face shields to all employees who work with deaf or hard of hearing employees. Masks that block the mouth shouldn’t be used because they are a communication barrier. Employers may need time to buy clear masks or clear face shields. If job duties permit, employers should allow Deaf employees to work from home until there are enough clear masks or clear face shields for all co-workers. Employers must also provide other accommodations, such as interpreters, captioning, typed or written communication, or assistive listening devices. Allowing their employees to wear non-clear masks without any other access for deaf and hard of hearing employees puts employers at risk for a lawsuit. Deaf and hard of hearing employees can file a complaint with the Equal Employment Opportunity Commission (EEOC) if they do not have access at work. Deaf and hard of hearing federal employees can file a complaint with their agency’s EEO office. Employers should work with each deaf or hard of hearing employee to understand what kind of accommodations they need. What works for one person may be different for the other person.
2. Educational Settings. Schools and universities must make sure their deaf and hard of hearing students have access to education. For in-person classes, teachers should wear clear face coverings when working with deaf or hard of hearing students. Be sure to also follow the CDC guidelines for masks in schools. Schools must also provide other accommodations, such as interpreters, captioning, or assistive listening devices. All staff (not just the teachers) should wear clear face coverings when communicating with deaf and hard of hearing students. This includes nurses, audiologists, therapists, interpreters, bus drivers, and others. Staff should also wear clear face coverings when communicating with deaf or hard of hearing employees or family members. Teachers of the deaf and interpreters should wear clear face coverings to make it easy for deaf and hard of hearing students to understand what is being taught. In a program where there is more than one deaf student or in a deaf school where students need to understand each other, school administrators should consider which type of clear face covering works best for each deaf or hard of hearing student, depending on their age and/or comfort level.
3. Medical Settings. Federal rules for masks are strict for hospitals and doctors. Those rules require FDA-approved medical masks. The FDA should prioritize approval of clear masks and clear face shields for medical use. Hospitals and doctor’s offices should have medical clear masks and clear face shields available. Doctors and nurses should use these clear masks and clear face shields when they treat deaf or hard of hearing patients. These clear masks and clear face shields should also be used when communicating with deaf and hard of hearing companions. Hospitals that have deaf and hard of hearing employees should make sure other employees who work with them wear clear masks and clear face shields. Hospitals and doctor’s offices should provide interpreters and SSPs/co-navigators with clear masks or clear face shields. If hospitals and medical offices have a limited supply of clear face shields and clear masks, they should follow this order for who should get these masks: 1. Interpreters and SSPs/Co-Navigators should also get personal protective equipment (PPE). 2. Medical staff and patient advocates that work with deaf, hard of hearing, or DeafBlind patients or employees. 3. Medical staff and patient advocates that sometimes have contact with deaf, hard of hearing, or DeafBlind people. We also have guidelines on telehealth for doctors that want to know how to best use telehealth with deaf and hard of hearing patients.
4. Legal Settings. During a health threat, many legal meetings and court hearings are done remotely. For in-person meetings and court hearings, the lawyers and court staff that work with any deaf or hard of hearing person should wear clear masks or clear face shields. Clear masks or clear face shields should also be given to interpreters and SSPs/co-navigators.
5. Law Enforcement. Under federal law, police officers and sheriffs must provide effective communication to deaf and hard of hearing people. Police officers should have clear masks to use with deaf and hard of hearing people during brief encounters like traffic stops. If police officers do not have any, then they should find other ways to communicate. At a traffic stop, the police officer should communicate using paper and pens. The police officer can also use their phone and use large print or speech-to-text apps (listed in Appendix A). Phones or pens should not be shared between people. As a last resort, if requested, the police officer can stand six feet away from a deaf or hard of hearing person and pull down their mask to talk. Children and family members should never be used as interpreters. Federal law requires that interpreters be neutral and qualified. Family members of any age and skill cannot be neutral.]