Autumn Dandelion (![[info]](http://l-stat.livejournal.com/img/userinfo.gif){kind=small} autumndandelion) wrote in ![[info]](http://l-stat.livejournal.com/img/community.gif){kind=small} autism,@ 2004-12-05 05:30:00 |
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Follow-Up Regarding Discrimination At The Bank
Last time we spoke, I told y'all about a recent experiences with Banknorth which including their denying a 22-year-old autistic man his own account, and telling him he needed a parent to co-sign for him. I really appreciate how many of y'all offered suggestions about what I could do about this unfair treatment besides write an email to Banknorth's customer service. Many folks said they'd be interested in hearing updates. For now, I'll just mention the courses of action I've taken since the last post - most of which y'all suggested here:
* I received an automated email from Banknorth's customer service.
Dear Customer,
Thank you for contacting Banknorth Customer eCare.
Our goal is to provide you with a quick response to your questions and comments. Your email has been forwarded to the appropriate representative that will respond to you within 24 hours.
Sincerely,
Banknorth Customer eCare
While they said I would get a response in 24 hours, I have not.
* I researched the Americans with Disabilities Act and found, as a few of y'all suspected, this Banknorth branch has violated the ADA.
* I drafted a more complete letter, which includes comments pertaining to the ADA.
I am writing in regards to the unethical business practices that took place at Bank North’s Drum Hill branch at the Hannaford Supermarket in Chelmsford, Massachusetts. Two weeks ago, I visited that branch with an autistic, nonverbal 22-year-old woman to assist her in setting up an account. Just the week before, her roommate created an account with a photo ID, her social security number, and $29; however, this woman was denied an account because she did not have her social security card with her and was also told she needed at least $100 to start an account. The next day, she and I went to another branch in Tewksbury, where she was allowed to set up an account without the social security card. In fact, while her roommate was required to bring the balance up to $100 within the first month, this woman was told she would not be fined for not maintaining that minimum. I questioned the fact that different policies were presented to each of these women at the same bank and branch, but I gave Bank North the benefit of the doubt. I considered that perhaps these occurrences were mainly a fluke in procedure.
After what happened on December 3rd, 2004, I have a hard time viewing a now triple standard as sheer coincidence. On that evening, another individual from this residence was denied a bank account at Bank North’s Drum Hill branch. The man who wanted to set up an account is also 22 years old and autistic, but while the two women require hand-over-hand assistance to sign their names, this man can independently pen his signature. Yet he was told by Bank North employee Beth Vance that he could not open his own account without having a co-signer. This policy was not required of the two individuals I have assisted in the recent past, and it is definitely not required of the general population.
What happened that evening is nothing short of discrimination. Those who drafted the Americans with Disabilities Act (ADA) recognize that individuals with disabilities often encounter "outright intentional exclusion" and are treated as inferior, as has been the case at the Drum Hill branch of Bank North. This man is an active member of society who holds a job and who is a hard worker. He has every right to cash or deposit his paycheck without having another person co-sign for him. Folks with less merit are permitted access to independent bank account every day, simply because they present as "normal". Denying this man his own account unjustly hinders his participation in his life.
The ADA was put into effect to stop this type of unfair treatment. At the core of this piece of legislature is the commitment to “assure equality of opportunity, full participation, independent living, and economic self-sufficiency for such individuals”, according to Section 2 (A). Banks are required to adhere to the ADA, as Section 301 states that a bank is a private entity that affects commerce, and is therefore considered a public accommodation within the confines of this act. Banks are therefore bound to the statutes of Section 302: “No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation."
Because of this man’s disability, Bank North’s Drum Hill branch attempted to enter into a different contractual agreement with him than other potential customers his age. As a result, this man will open an account with another branch or bank - one that will allow him to have his own account as is his right as an American adult. The other residents who do not have accounts as of yet will likely follow suit.
Discriminatory behaviour not only hurts business; more importantly, it hurts folks who deserve to be treated fairly and with dignity. The course of action required in this situation is "injunctive relief", according to Section 308 (A) of the ADA. If policy truly prohibits denying disabled individuals from establishing independent bank accounts, this discriminatory procedure needs to be abolished. If not, Bank North needs sanction the employees who engaged in this unethical and illegal practice on December 3rd. Future potential customers with disabilities need to be allowed the same access to their bank accounts as other members of the population.
* I tried to file a complaint online to the Better Business Bureau, but they apparently don't handle complaints regarding discrimination.
* I learned that the Department of Justice has an ADA information line. I'll have to call Monday from 8:30 to 5:30 pm to speak with the ADA specialists. Their numbers are (800)514-0301 (voice) and (800)514-0383 (TTY).
http://www.usdoj.gov/crt/ada/infoline.h
* I emailed clarkhoward.com - the auto-respond said to call 404-892-8227 in 72 hours if I don't hear back from them first.
* I posted my letter on planetfeedback.com.
* I visited http://www.autism-society.org/ to find my local ASA branch, and got an email address. I emailed them at asamasschapter@hotmail.com, describing the situation and asking for any suggestions.
* I will print a similar version of this letter tomorrow and send it to the president of Banknorth.
I will keep y'all posted with any responses I may receive.
~ deej
Last time we spoke, I told y'all about a recent experiences with Banknorth which including their denying a 22-year-old autistic man his own account, and telling him he needed a parent to co-sign for him. I really appreciate how many of y'all offered suggestions about what I could do about this unfair treatment besides write an email to Banknorth's customer service. Many folks said they'd be interested in hearing updates. For now, I'll just mention the courses of action I've taken since the last post - most of which y'all suggested here:
* I received an automated email from Banknorth's customer service.
Dear Customer,
Thank you for contacting Banknorth Customer eCare.
Our goal is to provide you with a quick response to your questions and comments. Your email has been forwarded to the appropriate representative that will respond to you within 24 hours.
Sincerely,
Banknorth Customer eCare
While they said I would get a response in 24 hours, I have not.
* I researched the Americans with Disabilities Act and found, as a few of y'all suspected, this Banknorth branch has violated the ADA.
* I drafted a more complete letter, which includes comments pertaining to the ADA.
I am writing in regards to the unethical business practices that took place at Bank North’s Drum Hill branch at the Hannaford Supermarket in Chelmsford, Massachusetts. Two weeks ago, I visited that branch with an autistic, nonverbal 22-year-old woman to assist her in setting up an account. Just the week before, her roommate created an account with a photo ID, her social security number, and $29; however, this woman was denied an account because she did not have her social security card with her and was also told she needed at least $100 to start an account. The next day, she and I went to another branch in Tewksbury, where she was allowed to set up an account without the social security card. In fact, while her roommate was required to bring the balance up to $100 within the first month, this woman was told she would not be fined for not maintaining that minimum. I questioned the fact that different policies were presented to each of these women at the same bank and branch, but I gave Bank North the benefit of the doubt. I considered that perhaps these occurrences were mainly a fluke in procedure.
After what happened on December 3rd, 2004, I have a hard time viewing a now triple standard as sheer coincidence. On that evening, another individual from this residence was denied a bank account at Bank North’s Drum Hill branch. The man who wanted to set up an account is also 22 years old and autistic, but while the two women require hand-over-hand assistance to sign their names, this man can independently pen his signature. Yet he was told by Bank North employee Beth Vance that he could not open his own account without having a co-signer. This policy was not required of the two individuals I have assisted in the recent past, and it is definitely not required of the general population.
What happened that evening is nothing short of discrimination. Those who drafted the Americans with Disabilities Act (ADA) recognize that individuals with disabilities often encounter "outright intentional exclusion" and are treated as inferior, as has been the case at the Drum Hill branch of Bank North. This man is an active member of society who holds a job and who is a hard worker. He has every right to cash or deposit his paycheck without having another person co-sign for him. Folks with less merit are permitted access to independent bank account every day, simply because they present as "normal". Denying this man his own account unjustly hinders his participation in his life.
The ADA was put into effect to stop this type of unfair treatment. At the core of this piece of legislature is the commitment to “assure equality of opportunity, full participation, independent living, and economic self-sufficiency for such individuals”, according to Section 2 (A). Banks are required to adhere to the ADA, as Section 301 states that a bank is a private entity that affects commerce, and is therefore considered a public accommodation within the confines of this act. Banks are therefore bound to the statutes of Section 302: “No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation."
Because of this man’s disability, Bank North’s Drum Hill branch attempted to enter into a different contractual agreement with him than other potential customers his age. As a result, this man will open an account with another branch or bank - one that will allow him to have his own account as is his right as an American adult. The other residents who do not have accounts as of yet will likely follow suit.
Discriminatory behaviour not only hurts business; more importantly, it hurts folks who deserve to be treated fairly and with dignity. The course of action required in this situation is "injunctive relief", according to Section 308 (A) of the ADA. If policy truly prohibits denying disabled individuals from establishing independent bank accounts, this discriminatory procedure needs to be abolished. If not, Bank North needs sanction the employees who engaged in this unethical and illegal practice on December 3rd. Future potential customers with disabilities need to be allowed the same access to their bank accounts as other members of the population.
* I tried to file a complaint online to the Better Business Bureau, but they apparently don't handle complaints regarding discrimination.
* I learned that the Department of Justice has an ADA information line. I'll have to call Monday from 8:30 to 5:30 pm to speak with the ADA specialists. Their numbers are (800)514-0301 (voice) and (800)514-0383 (TTY).
http://www.usdoj.gov/crt/ada/infoline.h
* I emailed clarkhoward.com - the auto-respond said to call 404-892-8227 in 72 hours if I don't hear back from them first.
* I posted my letter on planetfeedback.com.
* I visited http://www.autism-society.org/ to find my local ASA branch, and got an email address. I emailed them at asamasschapter@hotmail.com, describing the situation and asking for any suggestions.
* I will print a similar version of this letter tomorrow and send it to the president of Banknorth.
I will keep y'all posted with any responses I may receive.
~ deej
