Settlement agreement reached with Community Bank involving alleged violations of the Americans with Disabilities Act

BUFFALO, NY – U.S. Attorney Trini E. Ross announced today that the U.S. Attorney’s Office has reached a settlement with Community Bank, N.A. (CBNA) to resolve two allegations that customers at CBNA’s Orchard Park, NY, branch location were denied American Sign Language interpreters for complex banking services, in violation of the Americans with Disabilities Act (ADA).

The complainants, who are deaf and use ASL as a primary means of communication, were both customers at CBNA in connection with residential real estate purchases. Each complainant separately requested an ASL interpreter to assist with the closing of their transaction. The first request was made in January 2021; the second request was made in October 2023. In response to the January 2021 request, CBNA offered to pay one-half of the cost for an ASL interpreter. In response to the October 2023 request, CBNA refused to pay any of the cost for an ASL interpreter. Both complainants, who obtained interpreter services without assistance from CBNA, were frustrated and stressed by the efforts to obtain communication access in ASL.

Under the settlement, CBNA will not discriminate against or deny services to any individual on the basis of disability, including individuals who are deaf or hard of hearing. CBNA has also agreed to develop and prominently post an ADA Effective Communications Policy at each branch location and on its website so that it can be easily read by members of the public. CBNA will also train all customer-facing employees on the Effective Communications Policy and pay each complainant $1,000 as compensation for harm.

CBNA also agreed that: CBNA will not retaliate against any person involved in this matter; CBNA will furnish appropriate auxiliary aids and services, free of charge, when necessary to ensure effective communication with individuals with disabilities; CBNA will provide timely responses to requests for auxiliary aids and services; and CBNA will not require an individual with a disability to bring another individual to interpret for him or her.

The Department of Justice’s enforcement efforts under the ADA seek equal opportunity and dignity in all aspects of life, including access to effective communications for people with disabilities. 

Individuals who believe they may have been victims of discrimination may contact the U.S. Attorney’s Office at  (716) 843-5700 or file a complaint with the Department of Justice Civil Rights Division at: https://civilrights.justice.gov/report/. Additional information about the ADA can be found at www.ada.gov, or by calling the Department of Justice’s toll-free information line at (800) 514-0301 and (800) 514-0383 (TDD).

The government is represented by Assistant U.S. Attorney James E. B. Bobseine, Civil Rights Coordinator in the U.S. Attorney’s Office in Buffalo, New York.

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