AMERICANS WITH DISABILITIES ACT SETTLEMENT REACHED BY U.S. DEPARTMENT OF JUSTICE WITH WELLS FARGO
Christiane Tourtet B.A.
September 06, 2011
On May 31, 2011, the U.S. Department of Justice (DOJ) reached a comprehensive settlement agreement under the Americans with Disabilities Act (ADA) with Wells Fargo & Company, to insure that individuals with disabilities have equal access to Wells Fargo´s services nationwide, which includes its almost 10,000 retail banking, mortgage, brokerage stores, its website and telephone services, and its more than 12,000 ATMs.
The settlement agreement provides for resolution of all complaints alleging ADA violation based on events that occurred before May 31, 2011, in connection with the retail facilities and financial services of Wells Fargo.
An investigation was initiated and conducted by the Department of Justice, in response to numerous complaints filed under Title III of the ADA by individuals who have speech disabilities, are hard of hearing or deaf, alleging that Wells Fargo would not do any business with them over the phone using a telecommunications relay device.
Instead the individuals were directed to a TTY/TDD line that asked them to leave a message, but the messages were never answered. The Department determined that these actions were a violation of the ADA.
The Department also received a variety of other complaints alleging ADA violations by Wells Fargo, including the failure to provide appropriate auxiliary aids and services upon request for in-person meetings between individuals who are deaf and Wells Fargo staff, the failure to provide financial documents to people who have low vision or are blind in alternate formats, (e.g., large print or Braille) and the failure to remove barriers to access for individuals with mobility disabilities.
Once the Department of Justice opened an investigation Wells Fargo cooperated and worked to achieve a comprehensive settlement addressing all issues of ADA in its financial and banking services.
Thomas E. Perez, Assistant Attorney General for the Civil Rights Division, stated: "Individuals who have disabilities must not be denied equal access to services offered by financial institutions simply because of their disability. Wells Fargo has shown that it is committed to equal access and effective communication with its customers who have disabilities. The Department is aware that other major financial institutions are refusing to communicate with individuals who use relay services to communicate by telephone. These refusals are discrimination, and other financial institutions must follow Wells Fargo's examples and accept relay calls immediately."
Melinda Haag, U.S. Attorney for the Northern District of California, which is where Wells Fargo is headquartered, said:
" The U.S. Attorney Office is committed to working with the Civil Rights Division to help insure that businesses in this district fully comply with the ADA."
In the settlement agreement, Wells Fargo agrees to take the following actions, among many others,to improve access for individuals with disabilities :
To provide equal access for individuals with disabilities to its telephone services and to continue to require of its employees to accept calls via relay services. Wells Fargo has already placed stickers to each piece of telephone equipment ( e.g., telephones, telephone switchboards, computers terminals and call hanging stations) used by Employees of Wells Fargo & company (WFC) at the call centers to answer telephone calls from customers and potential customers.
The stickers which must be prominently displayed in a location that is easy for employees to see, must say: " To assist our customers who are deaf, hard of hearing, or have speech disabilities, we accept rely calls." Wells Fargo has already stopped requiring its employees to transfer or refer any calls made through relay services to a specific subset of employees designated to handle relay calls or phone numbers designated for TTY / TDD devices;
To maintain wherever provided, staffing of phone lines dedicated to TTY´s/TDDs on a basis that is equivalent to other telephone lines that are not dedicated to TTYs/TDDs, and to insure that its website and ATM´s are fully accessible to persons with disabilities;
To establish a Toll-Free ADA comment/complaint line, so that customers with disabilities, have an easy way to alert Wells Fargo, about disabilities related problems accessing facilities, goods and services;
To hire a full-time ADA Coordinator, in order to coordinate its efforts to comply with its responsibilities under the Americans with Disabilities Act (ADA) and this agreement as well, including investigating the ADA complaints received on its ADA comment/complaint line;
To remove physical barriers to access, as required under Title III of the ADA, at all its retails stores nationwide, and remedy all others instances of discriminations, that are identified during claims process, under Title III of the ADA.
To adopt and enforce a policy on effective communication with individuals who are hard of hearing , or deaf, have low vision or are blind, for all its financial services and retail stores nationwide, distribute the policy to contractors and current and new employees, as well as posting, a summary of the policy on its website.
To provide auxiliary services and aids, qualified sign language interpreters, computer- assisted real time transcription, qualified readers and documents in large print, Braille, and other alternate format to persons with disabilities, when it is necessary , in order to insure effective communication throughout its programs and financial services.
To post and maintain in a conspicuous location that can be easily read by employees, visitors/ customers, a signage stating "Wells Fargo provides accommodations under the Americans with Disabilities Act. For questions, comments, or concerns, please contact Wells Fargo at (ADA comment/complaint line,and ADA E-mail address).
Wells Fargo will pay up to a total of Sixteen Million Dollars ( $16,000,000) to compensate persons harmed by certain violation(s) of Title III of the ADA , as a result of Wells Fargo's inactions or actions prior to the agreement.
Individuals who believe they are eligible will be able to begin the process of filing a claim with the Department of Justice by sending an email to WFclaims@usdoj.gov or by calling the Toll- Free telephone number of the Investigation Unit of the Disability Rights Section of the U.S. Department of Justice at 1-866-708-1273 (voice mail) or 1-866-544-5309 (TTY).
Act quickly, as the time period for filing a claim established by the settlement agreement ends January 29, 2012.
If you are experiencing problems sending an e-mail or leaving a voice mail or TTY message, then contact the ADA, information line at 1-800-514-0301 (voice) or 1-800-514-0383 (TTY). Information specialists will either assist you or connect you with a member of the wells Fargo Claims team.
Information specialists are available on the ADA Information line on Monday, Tuesday, Wednesday, and Friday from 9.30 a.m. to 5.30 p.m. (Eastern Time), and on Thursday, the information line is staffed from 12.30 p.m. to 5.30 p.m. They are closed on Federal Holidays.
More information on how to file for compensation (payment) from Wells Fargo (including Wachovia) is available at :
ada.gov/wells_fargo/wf_claims_page.htm
Wells Fargo will also pay a civil penalty of Fifty-Five Thousand Dollars ( $55,000) to the United States Treasury. Furthermore, Wells Fargo affirms its commitment to advancing the interests of persons with disabilities, by paying a total of One Million Dollars ($ 1,000,000) in charitable donations, to non-profit organizations acceptable to the United States, that will assist veterans with disabilities, resulting from injuries that they sustained while serving in Afghanistan or Iraq, to live independently.
Title III of the Americans with Disabilities Act (ADA) prohibits discrimination against individuals with disabilities by medical centers, offices of doctors, accountants, lawyers, financial institutions, and other businesses that serve the public, which are known as places of public accommodation.
Under Title III, businesses must accept calls made through relay services from individuals who have speech disabilities, are hard of hearing, or are deaf, and are required to provide auxiliary aids and services when necessary, such as providing a qualified interpreter, or computer-assisted real time transcription in order to communicate simple and short matters with a person who has speech impairment, or is hard of hearing, or deaf, as well as providing way finding assistance, qualified reader to a person who has low vision or is blind, help in filling out a form.
Businesses and all places of public accommodations are also required among numerous other responsibilities under Title III of the ADA, to provide a website that is accessible to individuals with disabilities, including blind individuals who use screen readers to access web content that is visual, as well as providing captions for deaf persons so they can access web content that is conveyed with sound;
To design and construct places of public accommodations so they are readily accessible to and usable by persons with disabilities to the maximum extent feasible;
When readily achievable, to remove physical and communication barriers to access by persons with disabilities;
To the maximum extent possible, to make alterations to places of public accommodations so they are readily accessible to and usable by persons with disabilities;
To make reasonable modifications to practices, policies, and procedure whenever necessary, in order to avoid discrimination against persons with disabilities (e.g., refusing to provide disability-related assistance, or refusing to modify a "no pets" policy to allow access by an individual with a disability who is accompanied by a service animal.
Further information on the Americans With Disabilities Act (ADA), is available on the U.S. Department of Justice, ADA Home Page at :
www.ada.gov
and at the Toll-Free ADA Information Line, 1-800-514-0301 (voice) and 1-800-514-0383 (TTY).
Reference:
The United States Department of Justice (DOJ)
ADA Homepage
© 2011 Christiane Tourtet
The settlement agreement provides for resolution of all complaints alleging ADA violation based on events that occurred before May 31, 2011, in connection with the retail facilities and financial services of Wells Fargo.
An investigation was initiated and conducted by the Department of Justice, in response to numerous complaints filed under Title III of the ADA by individuals who have speech disabilities, are hard of hearing or deaf, alleging that Wells Fargo would not do any business with them over the phone using a telecommunications relay device.
Instead the individuals were directed to a TTY/TDD line that asked them to leave a message, but the messages were never answered. The Department determined that these actions were a violation of the ADA.
The Department also received a variety of other complaints alleging ADA violations by Wells Fargo, including the failure to provide appropriate auxiliary aids and services upon request for in-person meetings between individuals who are deaf and Wells Fargo staff, the failure to provide financial documents to people who have low vision or are blind in alternate formats, (e.g., large print or Braille) and the failure to remove barriers to access for individuals with mobility disabilities.
Once the Department of Justice opened an investigation Wells Fargo cooperated and worked to achieve a comprehensive settlement addressing all issues of ADA in its financial and banking services.
Thomas E. Perez, Assistant Attorney General for the Civil Rights Division, stated: "Individuals who have disabilities must not be denied equal access to services offered by financial institutions simply because of their disability. Wells Fargo has shown that it is committed to equal access and effective communication with its customers who have disabilities. The Department is aware that other major financial institutions are refusing to communicate with individuals who use relay services to communicate by telephone. These refusals are discrimination, and other financial institutions must follow Wells Fargo's examples and accept relay calls immediately."
Melinda Haag, U.S. Attorney for the Northern District of California, which is where Wells Fargo is headquartered, said:
" The U.S. Attorney Office is committed to working with the Civil Rights Division to help insure that businesses in this district fully comply with the ADA."
In the settlement agreement, Wells Fargo agrees to take the following actions, among many others,to improve access for individuals with disabilities :
To provide equal access for individuals with disabilities to its telephone services and to continue to require of its employees to accept calls via relay services. Wells Fargo has already placed stickers to each piece of telephone equipment ( e.g., telephones, telephone switchboards, computers terminals and call hanging stations) used by Employees of Wells Fargo & company (WFC) at the call centers to answer telephone calls from customers and potential customers.
The stickers which must be prominently displayed in a location that is easy for employees to see, must say: " To assist our customers who are deaf, hard of hearing, or have speech disabilities, we accept rely calls." Wells Fargo has already stopped requiring its employees to transfer or refer any calls made through relay services to a specific subset of employees designated to handle relay calls or phone numbers designated for TTY / TDD devices;
To maintain wherever provided, staffing of phone lines dedicated to TTY´s/TDDs on a basis that is equivalent to other telephone lines that are not dedicated to TTYs/TDDs, and to insure that its website and ATM´s are fully accessible to persons with disabilities;
To establish a Toll-Free ADA comment/complaint line, so that customers with disabilities, have an easy way to alert Wells Fargo, about disabilities related problems accessing facilities, goods and services;
To hire a full-time ADA Coordinator, in order to coordinate its efforts to comply with its responsibilities under the Americans with Disabilities Act (ADA) and this agreement as well, including investigating the ADA complaints received on its ADA comment/complaint line;
To remove physical barriers to access, as required under Title III of the ADA, at all its retails stores nationwide, and remedy all others instances of discriminations, that are identified during claims process, under Title III of the ADA.
To adopt and enforce a policy on effective communication with individuals who are hard of hearing , or deaf, have low vision or are blind, for all its financial services and retail stores nationwide, distribute the policy to contractors and current and new employees, as well as posting, a summary of the policy on its website.
To provide auxiliary services and aids, qualified sign language interpreters, computer- assisted real time transcription, qualified readers and documents in large print, Braille, and other alternate format to persons with disabilities, when it is necessary , in order to insure effective communication throughout its programs and financial services.
To post and maintain in a conspicuous location that can be easily read by employees, visitors/ customers, a signage stating "Wells Fargo provides accommodations under the Americans with Disabilities Act. For questions, comments, or concerns, please contact Wells Fargo at (ADA comment/complaint line,and ADA E-mail address).
Wells Fargo will pay up to a total of Sixteen Million Dollars ( $16,000,000) to compensate persons harmed by certain violation(s) of Title III of the ADA , as a result of Wells Fargo's inactions or actions prior to the agreement.
Individuals who believe they are eligible will be able to begin the process of filing a claim with the Department of Justice by sending an email to WFclaims@usdoj.gov or by calling the Toll- Free telephone number of the Investigation Unit of the Disability Rights Section of the U.S. Department of Justice at 1-866-708-1273 (voice mail) or 1-866-544-5309 (TTY).
Act quickly, as the time period for filing a claim established by the settlement agreement ends January 29, 2012.
If you are experiencing problems sending an e-mail or leaving a voice mail or TTY message, then contact the ADA, information line at 1-800-514-0301 (voice) or 1-800-514-0383 (TTY). Information specialists will either assist you or connect you with a member of the wells Fargo Claims team.
Information specialists are available on the ADA Information line on Monday, Tuesday, Wednesday, and Friday from 9.30 a.m. to 5.30 p.m. (Eastern Time), and on Thursday, the information line is staffed from 12.30 p.m. to 5.30 p.m. They are closed on Federal Holidays.
More information on how to file for compensation (payment) from Wells Fargo (including Wachovia) is available at :
ada.gov/wells_fargo/wf_claims_page.htm
Wells Fargo will also pay a civil penalty of Fifty-Five Thousand Dollars ( $55,000) to the United States Treasury. Furthermore, Wells Fargo affirms its commitment to advancing the interests of persons with disabilities, by paying a total of One Million Dollars ($ 1,000,000) in charitable donations, to non-profit organizations acceptable to the United States, that will assist veterans with disabilities, resulting from injuries that they sustained while serving in Afghanistan or Iraq, to live independently.
Title III of the Americans with Disabilities Act (ADA) prohibits discrimination against individuals with disabilities by medical centers, offices of doctors, accountants, lawyers, financial institutions, and other businesses that serve the public, which are known as places of public accommodation.
Under Title III, businesses must accept calls made through relay services from individuals who have speech disabilities, are hard of hearing, or are deaf, and are required to provide auxiliary aids and services when necessary, such as providing a qualified interpreter, or computer-assisted real time transcription in order to communicate simple and short matters with a person who has speech impairment, or is hard of hearing, or deaf, as well as providing way finding assistance, qualified reader to a person who has low vision or is blind, help in filling out a form.
Businesses and all places of public accommodations are also required among numerous other responsibilities under Title III of the ADA, to provide a website that is accessible to individuals with disabilities, including blind individuals who use screen readers to access web content that is visual, as well as providing captions for deaf persons so they can access web content that is conveyed with sound;
To design and construct places of public accommodations so they are readily accessible to and usable by persons with disabilities to the maximum extent feasible;
When readily achievable, to remove physical and communication barriers to access by persons with disabilities;
To the maximum extent possible, to make alterations to places of public accommodations so they are readily accessible to and usable by persons with disabilities;
To make reasonable modifications to practices, policies, and procedure whenever necessary, in order to avoid discrimination against persons with disabilities (e.g., refusing to provide disability-related assistance, or refusing to modify a "no pets" policy to allow access by an individual with a disability who is accompanied by a service animal.
Further information on the Americans With Disabilities Act (ADA), is available on the U.S. Department of Justice, ADA Home Page at :
www.ada.gov
and at the Toll-Free ADA Information Line, 1-800-514-0301 (voice) and 1-800-514-0383 (TTY).
Reference:
The United States Department of Justice (DOJ)
ADA Homepage
© 2011 Christiane Tourtet
Print
Email
