Can ADA forces non-profit org to provide me a terp?

Paid in pebbles.

Reba said:
$90 per hour?! Wow! Unfortunately, I am paid the "inhumane and cruel" rate. :(
I know I mentioned something about this on AD last year or so.. Let me see if I can find it..


Ahh, found it HERE!
Deaf258 said:
Watch what you say, buster! :o One of my pet peeves is Deaf and hearing people have a lot of misconceptions of interpreters and their roles on the job. Over the summer, I took an RID approved workshop about interpreting. I learned one main thing: Interpreters ARE underpaid! With or without benefits, they are still underpaid! If interpreters are paid 35 to 50 bucks an hour, they only get to see less than 14 bucks income and profit in return!! They have a lot to worry about, working the right number of hours, making sure the evaluation and licensing fees are paid for, to sign up and pay for the workshops to get the required earned credit units for recertification every two years or so, paying any of the medical bills incurred from interpreting, paying for the gas to travel from one interpreting assignment to another, paying for the parking fees at business or school parking lots.. The list could go on! More than half of what interpreters make goes back to making sure the interpreters themselves are certified. It sure doesn't seem to be fair, but that's the way it is right now. The workshop's presentator researched that if things were fair 100% for interpreters, they would be working the top paying jobs in the world, earning approximately 90 dollars an hour plus benefits! End of the line: Interpreters are underpaid, period. They have every right to bitch and complain about having no benefits or not earning enough income on the job! After I took that workshop, I had better respect for the interpreters and made myself shut up about them complaining about low pay and no benefits.

Imagine them having to work 15 to 25 dollars an hour? Now, that's slavery!
 
http://www.usdoj.gov/crt/ada/taman3.html#III-1.5000

III-1.5000 Religious entities. Religious entities are exempt from the requirements of title III of the ADA. A religious entity, however, would be subject to the employment obligations of title I if it has enough employees to meet the requirements for coverage.


III-1.5100 Definition. A religious entity is a religious organization or an entity controlled by a religious organization, including a place of worship.


If an organization has a lay board, is it automatically ineligible for the religious exemption? No. The exemption is intended to have broad application. For example, a parochial school that teaches religious doctrine and is sponsored by a religious order could be exempt, even if it has a lay board.


III-1.5200 Scope of exemption. The exemption covers all of the activities of a religious entity, whether religious or secular.


ILLUSTRATION: A religious congregation operates a day care center and a private elementary school for members and nonmembers alike. Even though the congregation is operating facilities that would otherwise be places of public accommodation, its operations are exempt from title III requirements.


What if the congregation rents to a private day care center or elementary school? Is the tenant organization also exempt? The private entity that rents the congregation's facilities to operate a place of public accommodation is not exempt, unless it is also a religious entity. If it is not a religious entity, then its activities would be covered by title III. The congregation, however, would remain exempt, even if its tenant is covered. That is, the obligations of a landlord for a place of public accommodation do not apply if the landlord is a religious entity.


If a nonreligious entity operates a community theater or other place of public accommodation in donated space on the congregation's premises, is the nonreligious entity covered by title III? No. A nonreligious entity running a place of public accommodation in space donated by a religious entity is exempt from title III's requirements. The nonreligious tenant entity is subject to title III only if a lease exists under which rent or other consideration is paid.
 
Off topic for one minute, I agree with Deaf258:
Imagine them having to work 15 to 25 dollars an hour? Now, that's slavery!
Nas is a certified (RID) & (CCJI) trep and she earns higher than that. So far I know, she just recieve as it is from them.
 
Reba, here is an example: A religious organization has more than 15 staffs on the payroll. Are they required to provide me a terp if I request it or.... is it consider as too burden for them?

How do I know when they said it is "too burden"? I need to find out the line where I cannot ask for a terp from them.

Deaf258, thanks for the suggestive remarks about Deaf Center and BYU. Deaf Center has no brainers than you do. They are to serve and stab other deafies by applying Crab's Theory. :thumbd: I'm not a student at BYU so it's out of picture.

~DV


Reba said:
http://www.usdoj.gov/crt/ada/taman3.html#III-1.5000

III-1.5000 Religious entities. Religious entities are exempt from the requirements of title III of the ADA. A religious entity, however, would be subject to the employment obligations of title I if it has enough employees to meet the requirements for coverage.


III-1.5100 Definition. A religious entity is a religious organization or an entity controlled by a religious organization, including a place of worship.


If an organization has a lay board, is it automatically ineligible for the religious exemption? No. The exemption is intended to have broad application. For example, a parochial school that teaches religious doctrine and is sponsored by a religious order could be exempt, even if it has a lay board.


III-1.5200 Scope of exemption. The exemption covers all of the activities of a religious entity, whether religious or secular.


ILLUSTRATION: A religious congregation operates a day care center and a private elementary school for members and nonmembers alike. Even though the congregation is operating facilities that would otherwise be places of public accommodation, its operations are exempt from title III requirements.


What if the congregation rents to a private day care center or elementary school? Is the tenant organization also exempt? The private entity that rents the congregation's facilities to operate a place of public accommodation is not exempt, unless it is also a religious entity. If it is not a religious entity, then its activities would be covered by title III. The congregation, however, would remain exempt, even if its tenant is covered. That is, the obligations of a landlord for a place of public accommodation do not apply if the landlord is a religious entity.


If a nonreligious entity operates a community theater or other place of public accommodation in donated space on the congregation's premises, is the nonreligious entity covered by title III? No. A nonreligious entity running a place of public accommodation in space donated by a religious entity is exempt from title III's requirements. The nonreligious tenant entity is subject to title III only if a lease exists under which rent or other consideration is paid.
 
exempt?

So, if a church or synagogue puts an advertisement / article in the local newspaper about an event they are hosting that is "open to the general public and everyone is welcome!" does that still make them exempt from hiring an interpreter for the Deaf?
I really wanted to attend "Comedy Night" event hosted at the local synagogue. I saw their advertisement in the local newspaper. I thought, Wow I would really love to have a few good laughs! Soooo when I e-mailed the synagogue office to ask if they planned to hire a terp since the event was open to the public and everyone is welcome, they told me, "truly sorry but the answer is no" :madfawk:
How nice is that? They can hide under their wonderful exemption!
 
DeafVeggie said:
Reba, here is an example: A religious organization has more than 15 staffs on the payroll. Are they required to provide me a terp if I request it or.... is it consider as too burden for them? ...
The burden question doesn't apply to a religious organization because the organization is exempt from the requirement, no matter how many employees there are. Sorry.

However, IMO, they should provide a terp as a matter of good service to the community. But they are not required by law to do that.
 
LM60CT said:
So, if a church or synagogue puts an advertisement / article in the local newspaper about an event they are hosting that is "open to the general public and everyone is welcome!" does that still make them exempt from hiring an interpreter for the Deaf?
I am not a lawyer, but from the way I read the ADA law, I would say they are still exempt.

...How nice is that? They can hide under their wonderful exemption!
I am afraid not every religious organization is enlightened to the "special" needs of all people.

My church is not required to provide terps but we do anyway. I terp for my church as a volunteer. Of course, not all churches have terp members, and sometimes it is hard to find a terp for church/synagogue services. I am a member of my state's interpreter organization, and I see email requests for church terps all the time. The churches have a hard time finding and keeping enough terps.
 
This time, your right! There is a line in ADA law that outline "Undue financial burden, organization can be exempted from the requirement".

I wouldn't want to make huge drama with anyone. Because it can be scaring to general people. It is best to be patience and educate them instead. The reason for not to try to scare them away is that there is ALWAYS at least loophole ahead! If you try to fight very hard, they are bound to find loophole ahead. So, educate them is best way for them to overlook the loophole!

One option for non-profit organization is that some areas have non-profit organization interpreting service designing for non-profit organization only. Thus will charge like 10 dollars an hour without minimum. It is available, use them as tool to encourage your organization to provide an interpreter.

Nesmuth said:
It's a valid excuse especially when RID's puppets ask for $60-$100 an hour with a 2 hour minimum. Its called 'burdensome'. I have access to terps that ask for less than $20 an hour with no minimums.

Richard
 
Actually, they aren't making money from it and it doesn't benefit you so I don't think that it applies to ADA. Think about it, if you wanted to enforce it... you'd shut down all non-profit organizations just because they don't have the money for it.
 
DeafVeggie said:
How do I know when they said it is "too burden"? I need to find out the line where I cannot ask for a terp from them.

We can't provide an answer to your question. Consult a lawyer who specializes in disability access. We are mere mortals who don't have the best grasp of the law, no matter what we say.

A lawyer will also be able to advise you on whether or not it is worth suing that organization to get interpreter services in the future. If an NPO doesn't want to give you an interpreter, only a court of law can make them. Not the police, not the city, not the interpreter boards, but a court of law.

Go see a lawyer.
 
Just to clarify:

Non-profit organization (NPO) and religious organization are not always the same thing. Many NPOs have no religious affiliation (connection). So the rules for one do not necessarily apply to the other. For example, the Red Cross and SPCA are NPOs, but they are not religious organizations.

NPOs are not always "poor". Just because they are classified as "non-profit" doesn't mean they don't have money.

So like Dennis says, if you need the answer to a specific situation, you need to contact a legal expert.
 
Dennis said:
We can't provide an answer to your question. Consult a lawyer who specializes in disability access. We are mere mortals who don't have the best grasp of the law, no matter what we say.

A lawyer will also be able to advise you on whether or not it is worth suing that organization to get interpreter services in the future. If an NPO doesn't want to give you an interpreter, only a court of law can make them. Not the police, not the city, not the interpreter boards, but a court of law.

Go see a lawyer.


Wondering if looking up NPO's annual tax returns (what do you call it?) be helpful to determine if NPO is either healthy or nearly finiancial brink?

~DV
 
Yes I work with OCDAC

Richard is right about the title 11.
Non- pofit are public,and if the org. has a need for interpreters for the deaf clients, they can hire them.
And Richard is correct about the fee, $20.00 and hr.or less is very inexpenisve.
My flat fee is $15.00 an hr. thats really inexpensive this days.
Ps: I do work with Richard.
Margie
Dir. of Communication Services.
 
Reba said:
$90 per hour?! Wow! Unfortunately, I am paid the "inhumane and cruel" rate. :(


NO SHIT! When alot of deaf people can't afford an interpreter, it's gonna be in less demand. If the company lowers its rate, then interpreters will be in higher demand. It's true.
 
Margie said:
Richard is right about the title 11.
Non- pofit are public,and if the org. has a need for interpreters for the deaf clients, they can hire them.
And Richard is correct about the fee, $20.00 and hr.or less is very inexpenisve.
My flat fee is $15.00 an hr. thats really inexpensive this days.
Ps: I do work with Richard.
Margie
Dir. of Communication Services.

That's more rational. THANKS!
 
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