7.3 Qualified Interpreters

A “qualified interpreter” is an individual who is able to interpret effectively, accurately and impartially, both receptively and expressively, using any specialized vocabulary required by the circumstances. Just as attorneys had to learn a host of new vocabulary in law school, ASL interpreters must also learn the signs for that vocabulary. There are qualified interpreters who specialize in different areas, such as legal or medical, and who are able to accurately and effectively interpret. What is important to remember is that an interpreter is not there to provide explanations to the individual, but instead is there to communicate what is being said to the individual in a manner the individual understands. It is important that you ask the interpreter if they are qualified to interpret for the situation you need, otherwise you run the risk that the interpreter will not accurately relay information to the client.

In 2008, the Department of Justice proposed adding language to the definition of ‘‘qualified interpreter'' to clarify that the term includes, but is not limited to, sign language interpreters, oral interpreters, and cued-speech interpreters.1  As the Department explained, not all interpreters are qualified for all situations. For example, a qualified interpreter who uses American Sign Language (ASL) is not necessarily qualified to interpret orally. In addition, someone with only a rudimentary familiarity with sign language or finger spelling is not qualified, nor is someone who is fluent in sign language but unable to translate spoken communication into ASL or to translate signed communication into spoken words. Although some comments on the proposed rule sought to require that interpreters be certified, the DOJ ultimately decided against imposing a certification requirement.2  All that is required under the ADA is that the interpreter be qualified. However, a state or local law may require a higher standard, such as certification.

• 1Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities, 73 Fed. Reg. 34508, 34520 (proposed June 17, 2008).
• 2Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities, 75 Fed. Reg. 56236, 56264 (Sept. 15, 2010) (codified at 28 C.F.R. § 36.104).