- 9 - individuals with hearing impairments, the examples given include: Qualified interpreters, notetakers, computer-aided transcription services, written materials, telephone handset amplifiers, assistive listening devices, assistive listening systems, telephones compatible with hearing aids, closed caption decoders, open and closed captioning, telecommunications devices for deaf persons (TDD’s), videotext displays, or other effective methods of making aurally delivered materials available to individuals with hearing impairments. 28 C.F.R. sec. 36.303(b)(1). The ADA requires businesses to ensure effective communication through the use of auxiliary aids and services. Costs associated with complying with this requirement are “eligible access expenditures” for purposes of the disabled access credit. Sec. 44(c)(2). Petitioner argues that the purchase of the system enables his business to meet this requirement with respect to hearing-impaired individuals and, therefore, the cost of the system qualifies as an eligible access expenditure. For the following reasons, we disagree. At the outset, we note that petitioner was already in compliance with the ADA at the time that he purchased the system. Petitioner did not discriminate against, or refuse to treat, hearing impaired individuals “on the basis of disability”. 42 U.S.C. sec. 12182(a). Nor did he fail to take necessary steps to ensure that no individual with a disability is denied services because of the absence of auxiliary aids and services. See 42 U.S.C. sec. 12182(b)(2)(A)(iii). He effectively communicatedPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011