Once you have determined that your client has a disability within the meaning of the ADA, the next step is to determine if your client is unable to access the building or service or is unable to meaningfully participate as a direct result of the disability. There must be a clear connection between the disability and the accommodation; otherwise, the accommodation is not a proper request under the ADA.
For instance, if an individual has hearing impairment but is requesting an accommodation for a proceeding to be held on the first floor because they do not like to use stairs, that is not an accommodation tied to the disability. However, if the individual has a hearing impairment and is unable to understand what is happening during a court proceeding without an ASL interpreter, the interpreter is an accommodation required by the ADA.
The key here is to understand the barrier your client faces. This is where a conversation with the client is most valuable. What does the client need? What does the client perceive as the barrier? Does the client have a visual or hearing impairment? Does the client have a service animal? Does the client have a mobility impairment? Does the client have a difficult time understanding if things are not explained in plain language? While the client may not know precisely what accommodation they need, they should be able to communicate the issues they face or problems they have. Talk to your client, listen to your client. Your job is to ensure the client is able to participate.
Once you have determined that your client has a disability under the ADA and is in need of an accommodation, the next question is whether the ADA requires the entity to provide the accommodation.1 The ADA might require an entity to provide and pay for an ASL interpreter, but it might not require the entity to install a ramp if the building is historical and exempt.
- 1See Section 5.1.3.