JAG Policies and Procedures

Judicial Arbiter Group, Inc. (JAG) does not discriminate against any individual on the basis of disability in the full and equal enjoyment of any of its goods, services, facilities, privileges, advantages, or accommodations or otherwise violate any provision of Title III of the ADA, 42 U.S.C. §§ 12181–12189, or the Title III implementing regulations, 28 C.F.R. Part 36, including but not limited to the following:

1.     JAG furnishes appropriate auxiliary aids and services,¹ free of charge, when necessary to ensure effective communication with individuals with disabilities and takes those steps that may be necessary to ensure that no individual with a disability is excluded, denied services, segregated, or otherwise treated differently than other individuals because of the absence of auxiliary aids and services, 42 U.S.C. § 12182(b)(2)(A)(iii) and 28 C.F.R. §§ 36.301(c), 36.303;

2.     JAG considers the types of auxiliary aids and services that will ensure effective communication. The type of auxiliary aid or service necessary to ensure effective communication will vary in accordance with the method of communication used by the individual, including: the nature, length, and complexity of the communication involved, and the context in which the communication is taking place, 28 C.F.R. § 36.303(c)(1)(ii);

3.     JAG consults with individuals with disabilities whenever possible to determine the type of auxiliary aid necessary to ensure effective communication, 28 C.F.R. § 36.303(c)(1)(ii), and provides timely responses to requests for auxiliary aids and services;

The decision regarding the type of auxiliary aid or service to ensure effective communication ultimately rests with JAG, but the auxiliary aid or service must result in effective communication, 28 C.F.R. § 36.303(c)(1)(ii). If JAG does not have an alternative means to ensure effective communication, it may only refuse to provide an auxiliary aid or service that would be effective if it can demonstrate that the provision of such auxiliary aid or service would result in a fundamental alteration to the nature of the services, facilities, privileges, or advantages of the business, or if the auxiliary aid or service would result in an undue burden, which means a significant difficulty or expense, 28 C.F.R. § 36.303(a);

4.     JAG does not require an individual who is deaf or hard of hearing to bring another individual to interpret for him or her, unless that individual with a disability specifically requests that the accompanying adult interpret or facilitate communication, the accompanying adult agrees to provide such assistance, and such assistance is appropriate under the circumstances, 28 C.F.R. § 36.303(c)(2) and (3);

5.     JAG does not rely on a minor child to interpret or facilitate communication, except in an emergency involving an imminent threat to the safety or welfare of an individual or the public where there is no interpreter available, 28 C.F.R. § 36.303(c)(4); and

6.     JAG does not engage in retaliation, coercion, interference, intimidation, or any other action prohibited by the ADA, 42 U.S.C. § 12203 and 28 C.F.R. § 36.206.

¹ “Auxiliary aids and services” include, but are not limited to: qualified interpreters on-site or through video remote interpreting (VRI) services; oral, relay, or tactile interpreters; note takers; real-time computer-aided transcription services; written materials; exchange of written notes; telephone handset amplifiers; assistive listening devices; assistive listening systems; telephones compatible with hearing aids; closed caption decoders; open and closed captioning, including real-time captioning; voice, text, and video-based telecommunications products and systems, including text telephones (TTYs), videophones, and captioned telephones, or equally effective telecommunications devices; videotext displays; accessible electronic and information technology; or other effective methods of making aurally delivered information available to individuals who are deaf or hard of hearing. 28 C.F.R. § 36.303(b)(1).