Deaf Prospect Suing Due to Lack of Interpreter

[moonlightandmargaritas]

Why not just hire the interpreter? It will cost about $50 an hour for the seminar.

I wonder if Garrett Morris is available?

 

[Guest]

Dans the man with a plan.

 

[0b1kanobee]

ADA says I have a right to have a qualified Interpreter!
ADA does not say you have a right to have a qualified Interpreter. It says you have the right to have effective communication, and the majority of Deaf and Hard of Hearing prefer sign language because it is their native language and the most effective way to communicate. The ADA does say if an Interpreter is provided they have to be qualified. The qualified Interpreter must be able to interpret effectively, accurately and impartially both receptively, and expressively, using any necessary specialized vocabulary. When you make a request for an Interpreter, be sure to tell them that sign language is the most effective way to communicate with you. Not every business or organization must comply with ADA standards. You can always talk to a Client Advocate at NorCal to find out if a business or organization comes under ADA and are required provide effective communication for you.
NorCal | Services for Deaf & Hard of Hearing, Inc.

 

[RonRoberts]

Why not just hire the interpreter? It will cost about $50 an hour for the seminar.

Or...

Find a local school that offers sign language classes. Offer to pay someone who took the class to come and be your interpreter. Okay, they may not be any good, but it will get you off the hook for a few bucks.

Dan

I agree, I already told him to book the interpreter. And yes, now we are off the hook for this event and it cost us $100. But, what happens if the prospect wants to meet 1 or more times and requests an interpreter to be present each time...and after a few meetings decides to not purchase an annuity, take out a life policy, or place money with the financial advisor? I am merely posing the question when does the obligation of the agent end?

 

[Josh]

I agree, I already told him to book the interpreter. And yes, now we are off the hook for this event and it cost us $100. But, what happens if the prospect wants to meet 1 or more times and requests an interpreter to be present each time...and after a few meetings decides to not purchase an annuity, take out a life policy, or place money with the financial advisor? I am merely posing the question when does the obligation of the agent end?

Generally the rule applies to public meetings, so if you're putting up fliers and/or doing mailers you generally need to provide access to those with disabilities. By contrast, if you do a mailing and then they fill out a card looking for an interpreter for an individual appointment I don't believe you're on the hook for it. I've done presentations 1 on 1 (actually, 1 on 2 because it was a couple) with deaf folks and although I sign a bit, it generally comes down to being a written presentation.

I believe that's the line though, group presentation vs individual presentation, the idea being equal access, so if everyone else can come to this meeting, then they should be able to as well. That's different than individual meetings.

If it were me, I'd challenge them and have them explain it to you. Sometimes folks back down when you ask them to show it to you in writing. Sometimes they do show it to you in writing though so then you learn something and have the source to back it.

 

[Focus LTC]

Call and tell them to F off, oh wait.....

It is a private event. Let them sue you and then counter sue for damages mainly legal expenses.

Really bad legal advice...

 

[VolAgent]

I agree, I already told him to book the interpreter. And yes, now we are off the hook for this event and it cost us $100. But, what happens if the prospect wants to meet 1 or more times and requests an interpreter to be present each time...and after a few meetings decides to not purchase an annuity, take out a life policy, or place money with the financial advisor? I am merely posing the question when does the obligation of the agent end?

Who says you are required to do business with anyone who asks?

Make a business decision if this person, regardless of abilities, would be a good prospect. Just make sure you are consistent.

 

[unlimitedsigh]

I agree, I already told him to book the interpreter. And yes, now we are off the hook for this event and it cost us $100. But, what happens if the prospect wants to meet 1 or more times and requests an interpreter to be present each time...and after a few meetings decides to not purchase an annuity, take out a life policy, or place money with the financial advisor? I am merely posing the question when does the obligation of the agent end?

I would politely ask them to bring their own to the F2F (friend, family, spouse... I'm sure they have one). You have already provided one for the 'public'/advertised event, so that seems like a reasonable compromise.

On the plus side, if they are so moved from the seminar that they are willing to meet again AND provide their own interpreter, you know their interest is more than piqued.

Just my opinion, I have no legal qualifications or experience on the matter.

 

[Focus LTC]

Who says you are required to do business with anyone who asks?

The Law.

Sure, as an independent agent you can be discriminating as to who you want to take on as a client but, you can not discriminate based on race, gender, religion, ethnicity, creed, national origin, or disability... You are selling to the general public, you must be open to the general public...

Consistency is key in proving you didn't discriminate. Do whatever you normally do. If you do a 1 call close, give the guy a call. If you normally do 2, give the guy 2 calls etc.

 

[somarco]

Looks like you picked the wrong week to give a seminar.