Company convicted after forcing deaf woman to cancel health plan over phone in SC

A company has been fined R$8,000 after forcing a deaf woman to cancel her health plan via a phone call in Florianópolis, the capital of Santa Catarina. According to the Santa Catarina Justice Court (TJSC), the client suffered “discrimination based on ability practiced by one of its employees.”

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According to the ruling, the woman is hearing impaired and communicates only through Brazilian sign language (Libras). One day, she tried to cancel her health plan and asked a friend at work for help.

The colleague, who is also a Libras translator, contacted the company and mediated the conversation. However, the flight attendant said that she could only terminate the business relationship after hearing the client’s request. According to the TJSC, the woman also suffered from “laughter” because of the way she spoke.

“Since the plaintiff is a hearing impaired person, the defendant must provide the means of cancellation through the availability of interpreters from Libras, a legal means of communication and expression (Article 1 of Law 10,436/2002), and not force her to communicate via WhatsApp, without answering her, or via a call, forcing her to express her intention to cancel, which is not in accordance with the legal orders on the treatment of persons with disabilities,” wrote the judge who issued the ruling.

The company was found guilty of moral damages and must pay compensation of R$8,000. The case was filed in July 2023 and the trial took place on the afternoon of July 1. The name of the company was not provided.

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