Attorney General Mayes Secures $120,000 Settlement Against Fry's Food Stores for Denying Sign Language Interpreter to Deaf Employee

PHOENIX – Attorney General Kris Mayes announced today that her office has successfully resolved a disability discrimination lawsuit against Smith's Food and Drug Centers dba Fry's Food Stores ("Fry's") — securing $120,000 for a deaf employee who was denied basic communication support and ultimately fired.
 

"Civil rights protections are at increasing risk in our country and our state, but my office is committed to protecting all Arizonans from unlawful discrimination," said Attorney General Mayes. "When employers deny effective communication to employees with disabilities, qualified individuals are prevented from meaningful participation in the workforce."

The Arizona Civil Rights Division's suit alleged that Fry's violated the Arizona Civil Rights Act when it refused to provide an American Sign Language interpreter as a reasonable accommodation for a deaf employee, despite repeated requests. Instead, Fry's relied on ineffective means of communication — including lipreading, written notes, and having family members interpret staff trainings — and cited the employee with insubordination for refusing to sign investigation documents he did not understand. The employee was ultimately terminated, in part for that insubordination, without ever being provided effective communication.

In the last fiscal year alone, the Civil Rights Division investigated thousands of allegations of unlawful discrimination and secured over $2 million in remedies for victims across Arizona — making it the state's only civil rights enforcement agency. As federal civil rights protections face increasing uncertainty, the Division remains a critical backstop for Arizonans.

Under the Consent Decree, Fry's agreed to:

• Pay $120,000 to the aggrieved party;
• Have relationship(s) with one or more American Sign Language interpreting agency (or agencies) with capacity for providing Video Remote Interpreting and in-person interpreting for its Arizona employees;
• Train management personnel and human resources staff on Fry’s accommodation process and state and federal laws which prevent disability discrimination; and
• Distribute information on recognizing and addressing reasonable accommodation requests, including information on providing effective communication to deaf employees.

"The Civil Rights Division of the Arizona Attorney General's Office remains steadfast in protecting all Arizonans," Mayes added. "When the federal government turns its back on civil rights, we will not."

Arizona law protects individuals with disabilities from unlawful discrimination in employment, housing, places of public accommodation, and voting. If you believe you have been the victim of discrimination, contact the Civil Rights Division at (602) 542-5263 or submit an intake questionnaire at www.azag.gov/complaints/civil-rights.

This litigation was handled by Senior Litigation Counsel Tarah White and Assistant Attorney General Maura Hilser, with litigation support provided by paralegal Frankie Hensley. The investigation was conducted by Compliance Officer Anne Bali. A copy of the Consent Decree is available.