NAD Files Complaint against Bank of America for Refusing to Open an Account for Deaf Man

The National Association of the Deaf (NAD) filed a disability discrimination complaint with the United States Department of Justice (DOJ), after Bank of America refused to open a checking account for a deaf individual.

Jerry Hess, who is deaf, attempted to open a personal checking account with Bank of America, a global banking institution. Both a bank teller and supervisor at a Palm Coast, Florida branch refused to help Mr. Hess establish an account because he is deaf. Even after Mr. Hess explained that he could communicate via pen and paper, he was denied the opportunity to open an account.

"I hope that the Department of Justice will use this case to send the banking industry a strong message that such discrimination 15 years after the enactment of the ADA is intolerable," commented Kelby Brick, NAD Director of Law and Advocacy.

As a place of public accommodation, Bank of America has an obligation to comply with Title III of the Americans with Disabilities Act (ADA), which prohibits discrimination on the basis of an individual’s disability. Although Mr. Hess indicated that he could communicate with bank personnel either through an interpreter or via pen and paper, Bank of America refused both options.

In his complaint, Mr. Hess requests that Bank of America promulgate and comply with policies to ensure that it will open accounts and transact business with deaf and hard of hearing individuals, and that it will notify such individuals of their rights to do business with Bank of America.