Yes, under the Americans With Disabilities Act (ADA), places of public accommodation (including banks) must provide auxiliary aids and services when necessary to communicate effectively with people who have communication disabilities. This mandate applies to all aspects of your customer service offerings, including your call center. The

In many cases, more than one type of aid or service may make effective communication possible. When communicating with an individual with disabilities, tencourages your bank to consult with them to determine what type of aid would be appropriate. Ultimately, though, the decision as to what measures to take rests with your bank, provided that the methods you choose result in effective communication through your call center.

We also note that the Fair Housing Act prohibits lenders from discriminating against residential real estate borrowers on the basis of a handicap. Consequently, providing auxiliary aids and services as required by the ADA also may help prevent fair lending concerns that may arise if an individual with a communication disability calls the call center to apply for a residential mortgage loan.

For resources related to our guidance, please see:

• 28 CFR 36.303(c)  (“A public accommodation shall furnish appropriate auxiliary aids and services where necessary to ensure effective communication with individuals with disabilities. This includes an obligation to provide effective communication to companions who are individuals with disabilities.”)

• 28 CFR 36.303(c)(ii) (“The type of auxiliary aid or service necessary to ensure effective communication will vary in accordance with the method of communication used by the individual; the nature, length, and complexity of the communication involved; and the context in which the communication is taking place.”)

• 28 CFR 36.303(c)(ii)  (“A public accommodation should consult with individuals with disabilities whenever possible to determine what type of auxiliary aid is needed to ensure effective communication, but the ultimate decision as to what measures to take rests with the public accommodation, provided that the method chosen results in effective communication. In order to be effective, auxiliary aids and services must be provided in accessible formats, in a timely manner, and in such a way as to protect the privacy and independence of the individual with a disability.”)

• Fair Housing Act, 42 USC 3605(a) (“It shall be unlawful for any person or other entity whose business includes engaging in residential real estate-related transactions to discriminate against any person in making available such a transaction, or in the terms or conditions of such a transaction, because of . . . handicap . . .”)