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1 8/10/2020 Video Use the divider line to enlarge or reduce the - - PDF document

8/10/2020 Where Do I File a Complaint? A Quick Review of ADA Enforcement Options Will begin at 12:30 PM EDT Audio and visuals are provided through the online webinar platform Access to presentation handouts was included in the email


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Where Do I File a Complaint?

A Quick Review of ADA Enforcement Options Will begin at 12:30 PM EDT

  • Audio and visuals are provided through the online webinar platform
  • Access to presentation handouts was included in the email reminder you

received for this session

  • This session will be open-captioned

2

Technical Assistance

  • If you experience technical

difficulties

  • Use the QUESTIONS panel

to let us know

  • Call 301-217-0124

3

Audio

  • Expand the audio panel to

select computer audio or phone call

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Video

  • Use the divider line to

enlarge or reduce the video feed

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Archive

  • This webinar is being recorded and can

be accessed next week

  • You will receive an email with information
  • n how to access the archive

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About Your Presenters…

TransCen, Inc.

  • Improving the lives of people with disabilities through meaningful work

and community inclusion

  • Mid-Atlantic ADA Center,

a project of TransCen, Inc.

  • Funded by National Institute on Disability, Independent Living, and

Rehabilitation Research (NIDILRR), Administration for Community Living, U.S. Department of Health and Human Services

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Where Do I File a Complaint?

A Quick Review of ADA Enforcement Options

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ADA Enforcement

  • Title I: Employment
  • Title II: State and Local Governments
  • Title III: Public Accommodations and Commercial Facilities

(Private Businesses)

  • Title IV: Telecommunications

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Title I: Coverage

  • State and local government agencies and

private employers

  • 15 or more employees
  • Employment agencies
  • Labor unions
  • Joint labor management committees
  • Apprenticeship and job training programs
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Title I Enforcement

  • Administrative procedure required
  • Charge (complaint) must be filed
  • U.S. Equal Employment Opportunity Commission (EEOC) or
  • State or local Fair Employment Practices Agency (FEPA)
  • State or local human rights, human relations, or civil rights agency
  • 180 calendar days to file
  • 300 days if state or local agency covers the issue

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Title I: Private Lawsuits

  • If EEOC or FEPA is not able to resolve

complaint, a Notice of Right to Sue will be issued to complainant

  • Individuals or groups cannot file private lawsuits

under Title I of the ADA without the notice

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Title II: Coverage

  • All programs, services, and activities
  • f state and local government

agencies, also called “public entities”

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Title II: Grievance Procedure

  • All public entities with 50 or more employees

must have an ADA grievance procedure available

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Title II: Federal Complaints

  • 180 calendar days to file
  • Public Transportation
  • Federal Transit Administration (FTA)

(transit.dot.gov/regulations-and-guidance/civil- rights-ada/file-complaint-fta), U.S. Department of Transportation (DOT) 888-446-4511

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Title II: Federal Complaints (continued)

  • All other covered entities, including private

transportation providers

  • U.S. Department of Justice

(ADA.gov/filing_complaint.htm) Information line: 800-514-0301 (voice) 800-514-0383 (TTY)

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Title III: Coverage

  • Title III covers private businesses
  • Public accommodations
  • 12 types of private businesses that

serve the general public

  • Private businesses that offer courses

and tests

  • Commercial facilities

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Title III: Federal Complaints

  • U.S. Department of Justice (DOJ)

(ADA.gov/filing_complaint.htm)

  • No specific deadline to file

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Title II Title III: Private Lawsuits

  • Individuals and groups may file private lawsuits
  • Filing grievances or administrative complaints with federal

agencies is not required

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State and Local Laws

  • State and local governments may also have civil rights laws that

protect the rights of individuals with disabilities interacting with agencies, businesses, schools, etc.

  • Enforced by state/local agencies (many of these agencies also serve

as FEPAs and handle employment discrimination complaints)

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Title IV: Coverage

  • Providers of telephone voice

transmission services must provide functionally equivalent relay services for people with hearing and/or speech disabilities

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Title IV: Federal Complaints

  • Points of Contact by state

(fcc.gov/general/trs-points-contact-complaints)

  • Federal Communications Commission (FCC)

Disability Rights Office (fcc.gov/DRO) Videophone 844-432-2275 Voice phone 1-888-225-5322 TTY 1-888-835-5322 E-mail (DRO@FCC.gov)

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Thank You for Joining Us!

Mid-Atlantic ADA Center

Toll-free: 800-949-4232 (DE, DC, MD, PA, VA, WV) Local: 301-217-0124 ADAinfo@transcen.org ADAinfo.org