Attorney General’s Office Settles Arizonans with Disabilities Act Charge Against Bayless Health Care Concerning American Sign Language Interpreter

PHOENIX -- Attorney General Mark Brnovich announced the Arizona Civil Rights Division of the Attorney General's Office (“Division”) has settled an Arizonans with Disabilities Act charge against Bayless Health Care dba Bayless Integrated Healthcare (“Bayless”). Bayless operates multiple medical facilities in Arizona.

On November 15, 2018, Joanna Maung filed an Arizonans with Disabilities Act charge with the Division alleging she was denied services because her parents, necessary companions for her treatment, were denied a reasonable accommodation of an American Sign Language (“ASL”) interpreter.

“Under Arizona law, all Arizonans have the right to full and equal enjoyment to places of public accommodation, especially when it involves medical treatment,” said Attorney General Mark Brnovich. “Accordingly, the deaf and hard of hearing community should not be excluded, denied services, segregated or otherwise treated differently than other individuals because of their need for reasonable modifications in polices, practices, or procedures or auxiliary aids or services.”

In the conciliation agreement, Bayless agreed to pay the Maung family $40,000. Bayless also agreed to modify its existing policy to clearly prohibit discrimination based on an individual’s disability. As required by the Arizonans with Disabilities Act, Bayless agreed to provide patients and their companions who are Deaf or Hard of Hearing appropriate auxiliary aids and services that are necessary for effective communication, including in-person ASL interpreters.  Bayless also agreed to provide auxiliary aids and services free of charge regardless of how a patient or their companion is paying for the medical care. Furthermore, Bayless will provide training for their staff to ensure they understand how to effectively communicate with patients and their companions who are Deaf or Hard of Hearing.

In FY2019, the Division investigated 2,153 charges alleging discrimination. Where possible, the Division seeks to resolve disputes through various forms of conflict resolution. In FY2019, the Division resolved 170 charges of discrimination through mediation, conciliation, or litigation settlements. As a result of these efforts, the Division obtained a total of $1,006,286 in monetary relief for Charging Parties, future monitoring and enforcement activities, and a wide variety of injunctive relief to prevent future civil rights violations.

The mission of the Civil Rights Division of the Arizona Attorney General’s Office is to enforce civil rights laws, increase public awareness of civil rights, provide dispute resolution services, and offer community services throughout the State. If you believe you’ve been discriminated against in housing, employment, public accommodations, or voting, please contact our office at (602)542-5263 or submit an intake questionnaire at www.azag.gov/complaints/civil-rights.

Copy of agreement.