Discrimination is alleged at assisted-living centers
At least 14 operators of assisted-living and nursing facilities in Arizona unlawfully discriminate against prospective residents who are deaf, according to a federal lawsuit filed by the Southwest Fair Housing Council.
The suit follows nearly two years of undercover inquiries. Testers enlisted by the non-profit contacted large-scale facilities in the Phoenix and Tucson areas requesting accommodations for a fictional deaf grandfather.
They asked about the availability of qualified American Sign Language interpreters and other aids that would allow the grandparent to communicate effectively, particularly in sensitive situations involving complex paperwork or medical needs.
They recorded the interactions, contacting facilities multiple times over several months to ensure their responses were representative of their policies.
Employees at the facilities almost always told testers they could not or would not offer interpreters, the lawsuit says. They said deaf residents could either provide their own interpreters or communicate with staff through writing and lip-reading.
“A lot of what we heard was basically flat-out refusals to make any accommodations,” said Jay Young, executive director of the Housing Council. “In a lot of these instances, there wasn’t even a back-and-forth.”
The operators named in the suit manage: Atria Chandler Villas, Atria Campana Del Rio, Atria Park of Sierra Pointe, Brookdale Arrowhead Ranch, Freedom Plaza, Immanuel Campus of Care, La Posada at Park Centre, MorningStar at Arrowhead, Solterra Senior Living, Sherwood Village, Silver Springs, Village at Ocotillo, Sunrise at River Road and Fountains at La Cholla.
They have not filed responses to the lawsuit, according to court records. Most did not immediately respond to
requests for comment.
Jill Hofer, a spokeswoman for the Fountains at La Cholla, disputed the allegations in the lawsuit, saying the facility had “hired sign language interpreters on numerous occasions” and installed aids for hard-of-hearing residents.
“We understand our obligations and are proud to provide a welcoming, supportive setting for all,” Hofer said by email. “We are committed to providing a respectful, inclusive, accommodating community.”
The Southwest Fair Housing Council began investigating in 2016. Testers conducted inquiries by phone, in person and by email through late 2017.
According to the responses detailed in the lawsuit, several facilities told testers that “no ASL interpreters would be provided” and that they “would not offer any accommodation for ASL needs.”
Others said interpreter fees were “very pricey” and that “the family would need to pay for interpreter charges” or “provide their own interpreter for medical appointments.”
Many offered alternatives, including lip-reading, online-translation tools or writing back and forth.
In one case, employees simply said they “could not meet the needs of the Tester’s grandfather.”
State and federal laws forbid discrimination based on hearing disabilities and require facilities to make “reasonable accommodations” when they are necessary “to use and enjoy a dwelling.”
Fair-housing and disability-rights advocates consider a qualified interpreter a reasonable accommodation, particularly when “care involves complicated information.”
“When licensed interpreters are requested though the appropriate channels, it prevents misdiagnoses and ensures that aftercare information is more accurate,” said Carmen Green, deputy director at the Arizona Commission for the Deaf and the Hard of Hearing. “It’s very important, because the information in these situations is just so critical.”
Aimee Mousavi, deaf specialist at the commission, said the alternatives supplied by the facilities fall far short of what is needed for effective communication, which she described as a “basic human right.”