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Deaf Interpreters: Shaping the Future of the Sign Language Interpreting Profession

Eileen Forestal presented Deaf Interpreters: Shaping the Future of the Sign Language Interpreting Profession at StreetLeverage – Live 2014 | Austin. Her talk examines the paradigm shift occurring within the sign language interpreting profession as Deaf interpreters challenge traditional interpreting service models.

You can find the PPT deck for her presentation here.

[Note from StreetLeverage: What follows is an English translation of Eileen’s talk from StreetLeverage – Live 2014 | Austin.  We would encourage each of you to watch the video and access Eileen’s talk directly.]

Deaf Interpreters: Shaping the Future of the Sign Language Interpreting Profession

Good morning. It is so great to see all these beautiful people here today. Everyone is here supporting our field – the interpreting field and the field including Deaf Interpreters.

Deaf Interpreters truly are shaping the future of the sign language interpreting profession. Currently, the interpreting profession is experiencing a social transformation. This transformation stems from a variety of origins; there is research being done to develop best practices, StreetLeverage is encouraging new ideas and new ways to dialogue and view professional issues from a wider lens, bringing us together to engage with open hearts and minds.  Deaf Interpreters have been involved every step of the way since the beginning of the profession. Deaf Interpreters are here to stay. We will shape the future of the profession for all interpreters whose work includes American Sign Language and English.

Historical Perspectives

I want to talk a little bit about history. Although there were no formal labels like “Deaf Interpreter” in the Deaf Community early on, their presence was felt. Where there is Deaf Community, there is reciprocity – Deaf people taking care of each other. Sharing skills, knowledge and information has always been an integral part of the Deaf Experience. This idea is nothing new to us.

I’ll share a story from my own experience. I attended oral school as the only Deaf child in my hearing family. During my oral school years, I was constantly in trouble. At recess and outside of the classroom, on the playground, the other Deaf students would come to me for explanation and clarification. I would try, through our own version of gestures, signs and mouthing, the lessons and pieces the other students had missed. When I got caught doing this, I was punished with a ruler to my hands. It was innocent enough – they wanted to understand. We were young – only 8-10 years old, if you can imagine.

Later on, when I was in high school, my Deaf classmates would come to my house regularly. I was mainstreamed in high school. The St. Louis educational system was staunchly in favor of mainstreaming and students were spread out around the community in their school programs. On the weekends, the high school students would all come together. Those gatherings were my saving grace. At these weekend gatherings, the other high school students would come to me for help understanding their work.  It always made me think about how I could explain and describe the material – how to make the information clear and understandable in ASL.  As time went on, these interactions progressed to job seekers concerned and looking for help with their interview skills, etc. I would provide them with cues and assistance as best I could. Those experiences were powerful- I felt a deep sense of obligation. Obligation in the most positive sense – I was fulfilling my duties by providing reciprocity to the community. My participation played a part in maintaining that strong value in the community.

Even after I was married, Deaf community members sought me out at our home. There were even times when the police would come to the door. Bear in mind, this was before we had door bell signalers. My hearing children would awaken to knocking on the door and come to get my husband and I, letting us know the police were at the front door. The police would indicate that one of us needed to go with them to assist a Deaf Community member. My husband and I would determine which of us would go with the police and which of us would stay home with the children. On scene with the police, we would use all manner of communication – written, signed, whatever was required – to work through communication for clarity. As you can see, I’ve been interpreting and translating for quite some time now.

At some point, there was an epiphany that Deaf people can interpret. This realization led to many Deaf people being placed in a variety of situations to act as a professional interpreter by default. Eventually, after being thrust into situation after situation, Deaf people started to realize they could find work as a professional interpreter, part-time or full-time. Professional interpreting wasn’t a known career path – no one was in high schools talking to Deaf students about interpreting as a potential career. We see that starting now, this career path idea is making progress and slowly, but surely, the word is getting out. Gallaudet and a handful of other colleges and universities are on the forefront of the movement to encourage Deaf individuals to consider becoming a professional Deaf Interpreter, to consider interpreting as a career path.

As a result of this growing opportunity, the pool of Deaf Interpreters is expanding rapidly. While this expansion is positive, we still don’t have a sufficient body of research focused on how Deaf Interpreters approach the interpreting task. This research gap created a hole which hearing interpreters sought to fill – defining the function and role of Deaf Interpreters, but from a very limited perspective. In that model, hearing interpreters would take the lead and the Deaf Interpreter’s role was to follow that lead and sign for the Deaf consumer.

I’ve experienced this dynamic in my own work. One particular situation comes to mind. I was called to a hospital I had been to on numerous occasions. This was in the mid-1980s, maybe 1985, or so. I had worked with the hearing interpreter on numerous occasions in medical, legal and law enforcement situations. Even with those shared experiences, the hearing interpreter was very directive and insistent that they were the lead interpreter. At times, the hearing interpreter went as far as telling me when and what I should tell the Deaf consumer. Although I was a bit taken aback, I continued to try to interpret. The hearing interpreter, feeling I had somehow misunderstood their instructions, interrupted the process, indicating that I should follow their lead and “sign” for the person. This limited understanding of the Deaf Interpreter’s role completely disregards my innate sense of turn-taking and discourse flow within the cultural and linguistic norms of ASL. Rather than allow for a natural dialogic flow, the hearing interpreter tried to impose their views about a Deaf Interpreter’s role on my work, expecting machine-like behavior and utterances. Their insistence that I take on this foreign role, one which does not allow for development of rapport and natural language, created a sense of discord in me. Many Deaf Interpreters report similar experiences and feelings.

Hearing Interpreters Have Been Making Decisions About Interpreting By Themselves

Since its inception in the early 1960s, the profession of sign language interpretation has utilized a number of service models. There was the conduit or machine model, the communication facilitator model, etc. The Deaf Community has always had their own rubric for what makes a good interpreter and what good interpreting looks like. Unfortunately, those community expectations were not heard by those with decision-making power in the interpreting field. If you look at the professionalization of sign language interpreting, you can see, from the Code of Ethics to the service models used (conduit, communication facilitator, etc.), all these decisions have been made by hearing interpreters.

If we look to spoken language interpreters for a comparison, the decision-making process is quite different. The users of each language represented in a given situation are included in the decision-making process, and any relevant cultural considerations are also taken into account. In the sign language interpreting arena, hearing interpreters have traditionally made all the decisions, often stating, through the lenses of disability and paternalism,“We know what is best for you.” This perspective disregards the historical reality that Deaf people have been interpreting, supporting and deciding what is best for the community all along. This has been the reality since the beginning of the interpreting profession.

Eileen Forestal
Eileen Forestal

Now, as Deaf Interpreters enter the picture, there is a radical shift to a new paradigm. This shift is creating a level of dissonance for many hearing interpreters. The expectation that the hearing interpreter is the professional and the Deaf person is the client is an old paradigm. When that expectation is not met, hearing interpreters experience some uncertainty. They may feel off-balance – if the Deaf person isn’t the client, who are they? How do I do my job in this new landscape? This dissonance also impacts the Deaf Interpreter as they are left trying to respond to hearing interpreters in flux. Deaf Interpreters are clear on their function in an interpreting setting – they follow the interactive rules of ASL, as well as the natural discourse flow, using rapport and cultural knowledge to guide the interaction. They use their inherent understanding of the cultural and linguistic needs of the Deaf consumer(s) to manage and mediate between participants and to coordinate the process as a whole. When those tasks and roles are denied, it creates a dichotomy between hearing and Deaf Interpreters.

Deaf Interpreters have an expectation that they will be permitted to use the more traditional “community based” model of interpreting as described previously. To discard that model to utilize the “machine” model, as prescribed by hearing interpreters, also creates some tension and unease. This other way of interpreting is the antithesis of our approach, our practice, our work. We then become linguistic and cultural brokers. The expectation that our interpretations should be produced simultaneously is not our norm. Simultaneous interpreting is not the norm for a Deaf Interpreter – the pace, the speed is not natural. For a Deaf consumer, having signs thrown at them in rapid-fire succession does not equate to communication, does not encourage comprehension. Let’s set aside conversation about simultaneous interpreting for a moment and look at consecutive and dialogic interpreting. The interactive nature and the more natural pacing of these styles of interpreting do encourage and support comprehension.

(Aside to the moderator: Do you have the time? How much time is left? Great.)

Let’s look at research for a moment. There is a substantial body of research on the European approach to interpreting. In a situation where two spoken languages are present, for example, French and Spanish, the interpreter whose “mother tongue” or native language is Spanish would interpret from French (their second language) into their native Spanish. Working in their native language allows the interpreter to use their expertise with the linguistic and cultural aspects of their own language to accurately interpret from the other language. This has been the European process for interpreting. If we follow that line of reasoning, it is logical to use Deaf Interpreters’ “mother hands” in interpreting situations where ASL is the language being produced.

We stand at a crossroads as Deaf Interpreters seek a return to the “community based” model of interpreting. Some hearing interpreters accept this change process to varying degrees, while others are firmly resistant. We see a lot of resistance to the mere idea of standing and working alongside a Deaf Interpreter. There can be a variety of reasons behind their resistance. Perhaps the interpreter feels threatened or disheartened. They may question their own skills and qualifications or fear judgment from the Deaf Interpreters. There is a whole host of potential issues. It’s important to remember that hearing interpreters do have skills, they do possess valuable knowledge, particularly related to the English language, hearing cultural norms, etc. These skills, this knowledge creates successful interactions with hearing English speakers. Deaf Interpreters have their own experiences, their innate understanding of the Deaf Experience, their intuition, their cognitive frame – the way Deaf people see and understand the world.  All these skills and traits allow Deaf Interpreters to find the linguistic and cultural equivalents that provide for more cohesive interpretations and result in clearer communication for Deaf consumers.

If we, Deaf and hearing interpreters alike, begin to recognize and acknowledge the skills, knowledge and abilities each group contributes to interpreted situations, if we come to the interpreting task as equals, the experiences for the Deaf consumer and the hearing consumer have been powerfully enhanced. After all, who do we serve? Our consumers.

A Demanding Presence of Deaf Perspective and the Emergence of Deaf Interpreters

I’ve already discussed some of the points from the previous slide. Today, Deaf Interpreters are here (at StreetLeverage Live – Austin). I see a number of them scattered around the room. In yesterday’s session, there were 30-35 Deaf Interpreters in attendance. I’m starting to see larger numbers of Deaf Interpreters attending various conferences. In fact, Deaf Interpreters are becoming more active in every aspect of interpreting from conference attendance to linguistic research, Deaf studies, etc. The truth of the matter is that Deaf Interpreters are making regular and rich contributions to the field of sign language interpreting by virtue of their knowledge, skills and experiences.

We also have to recognize the shift in positioning that is taking place. Until recently, hearing interpreters have worked comfortably within the status quo, making decisions and going about the business of interpreting. When Deaf Interpreters enter the picture, many have experienced a moment of discomfort as they confront this shifting reality. This is a normal reaction. We, as Deaf Interpreters, have to create an environment where both Deaf and hearing interpreters can come together as a team. We can work together as allies, as partners. Deaf Interpreters aren’t here to take power away from hearing interpreters. We can share communication, share the power of that. Historically, Deaf people have had communicative power. Now, as Deaf Interpreters enter the scene more frequently, we can share our power with hearing interpreters. We will build meaning together.  We can’t do it separately. Deaf and hearing interpreters will own our interpretations, as will the Deaf and hearing consumers. As a unit, we can work through interpreted events to ensure that all consumers ultimately benefit from this teamwork and gain a clearer understanding of the interpreted message.

“Community Based” Interpreting Model vs. “Mainstream” Interpreting Model

Let’s talk about “community-based” interpreting and how we, as Deaf Interpreters, approach our work, versus the “mainstream” model of interpreting, the more machine-like, simultaneous, fast-paced interpreting. The “mainstream” model of interpreting goes “against the grain” for Deaf Interpreters.  That model of interpreting focuses primarily on speed, on the fast-paced production of information in an unending stream. Speed is really the only goal for this model. “Community-based” interpreting, on the other hand, focuses on more holistic goals: relationship/rapport, message comprehension, maintaining linguistic and cultural identity and community cohesion. As Deaf Interpreters, we have to recognize that “mainstream” interpreting does have its place. At the same time, we need to make some shifts to utilize the “community-based” interpreting model more frequently.

Reclaiming the “Deaf Interpreter Norm”

It is time. It’s time to reclaim the “Deaf Interpreter norm.” The rich contributions Deaf Interpreters make need to be infused and incorporated into the sign language interpreting profession. Along with the influx of Deaf interpreters I’ve described, there are also a host of Deaf researchers who are looking at translation, interpretation, culture and any number of other relevant topics. The expansion of Deaf participation in the field is not intended to exclude hearing interpreters but to embrace them and bring us all together. At times, hearing interpreters may feel we are pushing them away, but that is not the case. We are all working toward the same goals. It is remember that. By the same token, hearing interpreters need to give Deaf Interpreters the power to make decisions about how and when translations and interpretations should happen.

When we reclaim our “Deaf Interpreter norms”, you will see increased collaboration between Deaf and hearing interpreters, elevated conversation and discussion about language and interpreting choices and much more.  Deaf and hearing interpreters will be working as true teams, coming together as a unit in courtrooms, mental health and medical settings, job trainings, education, performing arts – the list of possibilities is endless.

I remember one instance – as you know, I’ve worked extensively as a Deaf Interpreter in the courts, etc. At one point, I was called to be an expert witness in court. The court had a Deaf Interpreter working throughout the proceedings. When I was called to testify, I took the stand and I realized that I felt a sense of freedom by having that Deaf Interpreter there. I knew that I  wasn’t bound by speed in this setting.

The first question came and I began to give my answer, feeling relaxed and confident. The Deaf Interpreter signed to me rapidly appearing to be concerned about hearing cultural norms and the impatience hearing people often feel with confronted by silence. By so doing they were suggesting that interpreter are unable to take the time needed to ensure communication truly occurs. While that may be the status quo as we know it, we need to make time. We must make time for communication to happen. As we do that, we will build more collaboration between Deaf and hearing interpreters.

I’d like to close with a poem. This poem will utilize the “1” and “5” hand shapes. [Note from StreetLeverage: Please access Eileen’s ASL poem at 18:25 of the ASL version of her talk. No English equivalent is available.]

Thank you, everyone.

 

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Giving Back: Have Sign Language Interpreters Forgotten Their Roots?

A reflection on the meaning of reciprocity in the sign language interpreting community and a proposal to extend CEU credit through service to reinvigorate “giving back to the Deaf community”.

Giving Back: Have Sign Language Interpreters Forgotten Their Roots

[Click to view post in ASL]

When thoughts about volunteering personal time to interpret come to my mind, they are often associated with working with DeafBlind people. For me, it began in 1992 while I was serving as President of Deaf Studies Association at California State University at Northridge (CSUN). A vibrant group of 400 strangers changed my life forever. This group of people communicated in a different mode than I had ever experienced before; they communicated tactilely. When the week ended, I was saying goodbye to new friends who made a difference in my life. People I would still be in touch with twenty years later.

The Times They Are Changing

With legislative protections in place and employers recognizing their responsibility to provide communication accessibility for Deaf and DeafBlind individuals, work opportunities are increasing for sign language interpreters. DeafBlind individuals, in particular, are becoming more empowered and visible. They are coming out of their homes where they have lived in isolation and are becoming socially active and joining the workforce. This represents a new market for the sign language interpreting profession. However, there are still life events and activities where the only stakeholder is the Deaf or DeafBlind individual. No agency is offering a service that would mandate hiring a sign language interpreter or Support Service Providers (SSP).

Have you ever stopped to think about how many SSPs it takes for DeafBlind people to attend an event and listen to a presenter? There are always more service providers than consumers in the room. Why is it so hard to find good and plentiful help? The frustrations that Deaf consumers may have in adequately staffing an event with pro bono interpreters is greatly magnified at DeafBlind events where services are usually needed on a one-to-one basis instead of the one-to-many basis seen at many Deaf events.

Unfortunately, many sign language interpreters do not know how to provide effective DeafBlind Interpreting (DBI) or are apprehensive because they haven’t worked with a DeafBlind consumer before. Working with DeafBlind people is more than just a service. We are often an integral link to their world, which many of us cannot begin to imagine.

We need to consider some solutions as a profession. Volunteerism and pro bono service will help develop some new, potentially long-term revenue streams for service providers and, at the same time, provide needed services in the communities we serve.

Our Actions, Our Values

Our profession struggles with defining the parameters for using a volunteer versus a request for pro bono work. If the IRS views volunteering and pro bono work separately, why do sign language interpreters interchange the meanings? Why does it feel as though colleagues are asking, “What’s in it for me?” When did our profession become so entitled?  Why does it seem okay to ask for volunteers for AA meetings, but not job interviews? Are we saying that recovery is less valued than a person’s career? Why am I left with more questions than answers? And why is it so difficult to get people on the same page?

Pro bono vs. Volunteerism

Merriam-Webster’s online dictionary defines pro bono services as “being, involving, or doing professional and especially legal work donated especially for the public good,” whereas a volunteer is defined as “a person who does work without getting paid to do it.”

Significantly, in the field of sign language interpreting, perceptions about the difference between the two categories are boundary-based. Where pro bono services are seen as professional and follow the same guidelines as paid assignments, volunteerism appears to have a more flexible set of boundaries. This can often confuse and/or blur the lines for both the consumer and the interpreter, potentially creating unsustainable expectations. The significant impact on the physical, emotional and mental state of both parties may act as a disincentive for sign language interpreters to provide volunteer services on a sustained basis. A pro bono service model, which seems to provide clearer boundaries for consumers and interpreters, may encourage more participation.

Donating time doesn’t require sacrificing oneself physically, mentally, and emotionally, yet it sometimes feels as if it does. The inability to say no and the tendency to volunteer too much, combined with the high expectations of consumers receiving free service, can be detrimental to good overall health. If we sacrifice too much, we may lose a sense of our self-worth and find ourselves questioning a job that can seem thankless and where we often feel our intentions are misunderstood.

Defining the Issues

The problem is two-fold: a) we do not have a structured industry standard for providing pro bono services, and b) there is a very real need within the community we serve for daily access to communication when there isn’t an entity to fund the provision. The result: an unsustainable imbalance that taxes the few who do volunteer for any significant length of time throughout their career.

As a volunteer, I fully admit that there are times when my ability to contribute proves to be extremely challenging. I may face periods of emotional turmoil or feel unable to meet the needs of consumers who may over-rely on me because they cannot easily find a reasonable pool of volunteers to cover their needs. At times, I might become angry and question why I continue giving back. But ‘giving back’ is the operative phrase, and more often than not, I feel a sense of pride and accomplishment from contributing to a community that has given so much to me in my life and career via many life-affirming experiences.

It takes a special kind of mentality and willingness to engage in a practice of integrated volunteerism throughout one’s career. It is no wonder the pool of much-needed volunteers is significantly smaller than it should be.

Credit for Service Through CEUs

As sign language interpreting students and interns, we are often required to volunteer an exorbitant number of hours in the community to gain the experience and knowledge that will shape us into better interpreters. Why is it that when we graduate or obtain certification many stop volunteering and only attend professional development opportunities to satisfy CEU requirements? Why are so many reluctant to give back to the community and engage in reciprocity? These are some of the core values which build and define the Deaf community.

Mala Poe
Mala Poe

What if sign language interpreters could earn CEUs for our volunteer work? What if we could get credit for learning new subject matter, methods, or for expanding our skill base? Why have motions for mandatory hours of pro bono work per CEU cycle been deferred to committees or failed when brought to the floor of a business meeting? (Motion D, RID business meeting August 2013)

RID Continuing Education Units (CEUs) are mandated to ensure awareness of the continuing evolutionary changes in language, community and service provision. Yet, the hands-on experiences expected from new entrants to the profession are not expected of our existing professionals. Why the disparity? Experience over time does sharpen one’s skills, but volunteering offers experiences that grow us exponentially in communication, increasing the breadth and depth of concept development in uncharted topic domains. Don’t we want to ensure that practicing professionals have those same enriching experiences throughout their careers?

Where Does RID Stand on Pro bono Credits?

How can sign language interpreters demonstrate the experience we gain at actual community events where our volunteerism often goes undocumented? How can we quantify these experiences in a meaningful way?

Attitudes on pro bono service need to start with RID. Isn’t it RID’s responsibility to encourage and foster professional growth, much like they do with professional development and CEUs today?

In the RID Vision Statement, “RID envisions a world where…the interpreting profession is formally recognized and is advanced by robust professional development, standards of conduct, and credentials.” Could requiring mandatory pro bono hours help to make that vision a reality? Why is there resistance to investigating the possibilities?

Will the conversation about voluntary membership in RID make it harder for us to enforce professional development of any kind?

In reality, workshops do not always mimic real-life experiences. However well-intentioned the CEU concept was, many interpreters attend workshops to ensure certification maintenance without ever intending to use the tools/concepts learned.  In effect, the CEU concept has lost its way. Volunteer and pro bono opportunities, to a greater extent, contribute to skills development while workshops broaden knowledge base.

Adding a pro bono crediting system to supplement RID’s CEU tracking system, could ensure the value of the profession as a whole, because community service would provide a structure for sign language interpreters to go out and experience a variety of real-life situations. A structured pro bono service process led by RID would address this issue, remedy the unintended failings of the CEU system, create a standard of protection for over-taxed volunteers by expanding the pool of available interpreters. At the same time, the system would raise awareness about important community evolutions through direct and active participation, enhance professional expertise, and provide an industry-wide demonstration of goodwill and contribution to the communities we serve. When you think of these outcomes, can you deny that pro bono accreditation is an absolute necessity for the sign language interpreting profession? The excuses against creating a pro bono system can no longer be the accepted norm.

Additionally, establishing clear professional boundaries in a pro bono environment should motivate more sign language interpreters to contribute time to community events. This will greatly expand the pool of available interpreters, reducing the stresses placed upon the small pool of volunteers that exist today, and the challenges the community experiences in attempting to provide communication access within their own events. The results would be positive for all parties involved.

Pro bono work and volunteerism have their place. We just need to recognize how to create a more effective system in our profession. After all, isn’t the ideology behind giving back be good? This type of work provides a real hands-on experience for situations that may otherwise not be possible.

Parting Thoughts

Nagging questions remain for me: What are the emotional, physical and mental costs of giving my time? How much of my life have I sacrificed to give back? Am I justified in feeling angry when I think people have taken advantage of me? Are my core values that different from those interpreters who don’t serve on committees, boards, community planning teams? Why do we see the same people giving their time to the community over and over? Why do we open ourselves up as volunteers to be ridiculed? Why are we willing to put ourselves out there? Why do people question our intentions/motivations? Why can’t I just punch in my 9-5 interpreter card and be done when my job is over for the day? Most importantly, why isn’t RID, our professional organization moving forward in a determined way to address the important issues stated in this article? Am I simply asking too much?

While I cannot answer these questions fully, I know that giving back comes from a deep place in my heart, a place that feels like home when I am there and when I am with people who appreciate my time, my skills, and me. In those moments when a DeafBlind person sees something for the first time and experiences something they have never experienced before, it is there. It’s a place of peace, a place where, if I were to die tomorrow, I would know that I made a mark on this place we call Earth and I made a difference in someone’s life. I give back to people who have given me the tools to communicate, the skills to have a full time job doing something I love with people I respect and admire. Not everyone can be happy deep down; not everyone can give the gift of connection. I serve because I want to and I am a better person for it.

And while I join with others who call for a pro bono credit system, I promise you that at the end of the day, the feeling of self-worth and accomplishment from a successful contribution will dwarf the value of the actual credit you’ve earned for that day. You have my word.

Questions to Consider

1. What is your community’s stance on pro bono interpreting and volunteer interpreting? What is your personal perspective and why?

2. Why do you think some people oppose credit for volunteer/pro bono service through CEUs?
Would you support RID if they implemented a Credit for Services program for pro bono and/or volunteer work? Why or why not?

3. What are some ways that interpreters can continue to support the value of reciprocity and still maintain healthy boundaries and good self-care?

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Sign Language Interpreter for Hire: Ethics of Direct-Pay ADA Violations

Proposal to standardize RID Certified ASL interpreter response to surcharges to Deaf/Hard of Hearing or Deafblind clients for auxiliary aids by places of public accommodation in compliance with ADA law.

[Click to view post in ASL]

What motivates interpreters to continue in this field for decades? Lately, I have been reflecting on how integral and motivating social justice is to an ongoing passion for interpreting. Long days, solo days…days when you really do a good job and days when there is much room for improvement.

With both hands on the ruby frame of social justice, I would like to posit a question to our sign language interpreting community, in the hopes of challenging tacit understanding and stimulating dialogue that leads to change at the national RID-NAD CPC level.

(Note: The scenario below is offered as a case study, and is not representative of any particular encounter.)

The Scenario

You arrive to interpret for a client in a court-ordered setting. The per-session rates for the one-on-one and group meetings are posted on the treatment center lobby wall.  The client informs you upon arrival that the cost was excessive, more than double the rate paid by the general public, and had to be made in cash. You respond by offering to interpret for the client and office staff to sort out the perplexing payment issue. The office staff confirms that payments include a substantial surcharge for the interpreting costs including the agency referral fee and cannot be adjusted.  In sinking “Oh no…” shock, you interpret the remainder of the appointment and are left to drive home and ponder what actions can be taken as a RID certified sign language interpreter with a duty to conduct your practice in an ethical manner. A vision of Anna Witter-Merithew gently invoking the mantra “Do No Harm” comes to mind. Your considerations are within the framework of an ADA violation that is unwelcomed by the D/HH/DB client who vehemently does not want to be paying more than the general public for a public accommodation service.

How is an RID certified interpreter to respond?

(Note: the scenario below is offered as a case study, and is not representative of any particular encounter.)

Interpreter A – Response

My job is to interpret. The payment situation is not my issue to address. While I may not agree with it, it is between the D/HH/DB person and the treatment center to work out the financial details. I can encourage the person to contact the local advocacy agency, provide information on the ADA and resources such as the NAD website, and provide contact information for the state Administrative Office of the Courts. To withdraw from the situation would be presumptuous and a demonstration of audism because I would be taking away the D/HH/DB person’s right to pay for services, which would be condescending, a form of advocacy, an interjection of my personal opinion, and inappropriate. I cite the CPC…tenets 2.5, 2.6 and 3.3 as the basis of my ethical decision making process. I continue to interpret weekly meetings for many months, until the treatment is completed, receiving payment for my interpreting services via paychecks from an interpreter referral agency. I am confident other RID certified sign language interpreters would respond similarly.

2.5          Refrain from providing counsel, advice, or personal opinions.

2.6          Judiciously provide information or referral regarding available interpreting or community resources without infringing upon consumers’ rights.

3.3          Avoid performing dual or conflicting roles in interdisciplinary (e.g. educational or mental health teams) or other settings.

Interpreter B – Response

It is unethical for me to collect a paycheck that includes payment in violation of the federal ADA laws prohibiting discriminatory treatment of people with disabilities. I contact the interpreter referral agency and inform them I cannot continue to interpret because the D/HH/DB person is paying out of pocket for interpreting costs in violation of federal ADA law, and it is unethical for me to continue interpreting under the CPC as an RID certified sign language interpreter. I emphasize that when payments are confirmed to be ADA compliant, I will be happy to resume interpreting, but cannot in good conscience accept payment and so must reluctantly withdraw my services. I recognize this puts the D/HH/DB person in a difficult situation, but see my continued interpreting as complicit in discriminatory practices. I approach the board of the local interpreter referral agency and ask them to put a policy in place, if one does not already exist, that requires ADA compliant payment arrangements consistent with federal law, in order to protect sign language interpreters from being replaced and in support of the right to equal access for the Deaf community. I provide a slate of resources to the Deaf client, including state laws regulating court-ordered treatment.  I cite the CPC including tenets 2.6, 3.7, 4.4, 6.3, 6.5, 6.8, 7.2 and Applicability B. I am confident other RID certified sign language interpreters will respond similarly.

2.6          Judiciously provide information or referral regarding available interpreting or community resources without infringing upon consumer’s rights.

3.7          Disclose to parties involved any actual or perceived conflicts of interest.

4.4          Facilitate communication access and equality, and support the full interaction and independence of consumers.

6.3          Promote conditions that are conducive to effective communication, inform the parties involved if such conditions do not exist, and seek appropriate remedies.

6.5          Reserve the option to decline or discontinue assignments if working conditions are not safe, healthy or conducive to interpreting.

6.8          Charge fair and reasonable fees for the performance of interpreting services and arrange for payment in a professional and judicious manner.

7.2          Keep abreast of laws, policies, rules, and regulations that affect the profession.

Applicability B: Federal, state or other statutes or regulations may supersede this Code of Professional Conduct. When there is a conflict between this code and local, state, or federal laws and regulations, the interpreter obeys the rule of law.

ADA law: CFR 28 Section 36.301(c) Charges. A public accommodation may not impose a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the costs of measures, such as provision of auxiliary aids, barrier removal, alternatives to barrier removal, and reasonable modifications in policies, practices, or procedures, that are required to provide that individual or group with the nondiscriminatory treatment required by the Act or this part.

Sign Language Interpreter for Hire: Accepting Self-pay Terms

Shelly Hansen
Shelly Hansen

While this is a sample case study, it is not an isolated scenario. Most sign language interpreters, at some point in their career, will be approached by a D/HH/DB client wanting to direct-pay, and will need to make a determination to accept or decline those payment terms. For example, an interpreter may accept direct payment for a private family event such as a bridal shower or family reunion, but decline payment for a funeral, offering to interpret pro-bono. Neither of those situations are “places of public accommodation” under the ADA. However, there are situations that are blatant ADA violations. For example, an interpreter may decline to interpret for a driver’s education course as a direct-pay situation, knowing that the private driving instructional school has the duty to provide auxiliary aids including sign language interpreting services for education access, and is repeatedly discriminating by expecting the Deaf person to “bring a friend” to interpret the 8 week course. Or perhaps an attorney refuses to provide a sign language interpreter in a civil case, insisting that the Deaf witness self-hire an interpreter directly or depend on family members to interpret in order to participate alongside co-petitioners.

Profiting From Discrimination

Is it appropriate for one RID certified interpreter to recognize discriminatory practices and decline to participate, only to be replaced by other RID certified interpreters who believe it is outside the scope of practice for an interpreter to take a stand against direct discrimination from which the interpreter profits? What about referral agency responsibility to support equal access for the Deaf Community and ethical business practices of sub-contracting interpreters? Shouldn’t sign language interpreters and referral agencies be the first to recognize and reject profit from overtly discriminatory practices, modeling the daily efforts to educate the public on the requirements of the ADA law and equal access?

Input from an Attorney Interpreter Ally

Daryl Crouse is a well-respected, dedicated sign language interpreter and practicing attorney in Long Beach, California. He graciously agreed to provide his perspective on this issue. Here is an excerpt from his response:

I appreciate my colleagues’ initiative of this much needed discussion. Her work adds to and improves the profession. I believe we agree: it is wrong for a public accommodation to coerce a Deaf person into paying for our service in circumvention of the law.

Such that the Deaf person is coerced into paying for interpreting services; the Department of Justice has stated unequivocally a “public accommodation cannot coerce or attempt to persuade another adult to provide effective communication for the individual with a disability.”1 Thus, an ally would not stand silently while someone is coerced against their will to do something. Similarly, an ally takes their cue from others, careful to stand with and not in front of.

An alternate statement of the illustrative behavior may be: “An interpreter may refuse to accept an assignment when reasonably certain a public accommodation is passing on the cost of interpreting services to Deaf individuals as a surcharge. The interpreter should consult with the Deaf person to confirm their decision to self-pay is made [free of coercion.]” The expected behavior is directly linked to a specific fact. Linking to a specific fact provides clarity and would likely survive an enforcement challenge. Also, a dialogue with the Deaf person as to coercion and not the reason for their choice to self-pay the interpreter respects their right to privacy.

Standardizing Our Response

I would like to propose addressing this issue directly in our NAD-RID Code of Professional Conduct, and remove any ambiguity for RID certified sign language interpreters. It would be a very simple fix. Add a Business Practices Illustrative Behavior 6.9  Support ADA compliant payment and remove oneself from assignments in which a consumer is being directly charged for interpreting services in places of public accommodation, in compliance with CFR 28 Section 36.301(c). 

Share your thoughts. What is a professional, ethical response to a known, verified ADA payment violation?  What actions best support a social justice framework and outcomes?

Questions to Consider

1.  Why is it important that as sign language interpreters we standardize our responses? How does this benefit the Deaf Community? The public? The interpreting community?  What harm is done when we do not standardize our responses?
2.  Why is being complicit in discriminatory coercive practices incompatible with RID professional standards?
3.  Under what circumstances would you agree to direct payment arrangements with the D/HH/DB individual or group?

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Related StreetLeverage Posts

Social Justice: An Obligation for Sign Language Interpreters?  by David Coyne

Social Justice: A New Model of Practice for Sign Language Interpreters? by David Coyne

Beyond Ethics: Rules Versus Values for Sign Language Interpreters by Amy Meckler

References

1 http://www.ada.gove/regs2010/titleIII_2010_regulations.htm#subpartc (last visited January 15, 2015)