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 reminder you received for this session • This session will be open-captioned 1 Technical Assistance • If you experience technical difficulties • Use the QUESTIONS panel to let us know • Call 301-217-0124 2 Audio • Expand the audio panel to select computer audio or phone call 3 1
8/10/2020 Video • Use the divider line to enlarge or reduce the video feed 4 Archive • This webinar is being recorded and can be accessed next week • You will receive an email with information on how to access the archive 5 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 6 2
8/10/2020 Where Do I File a Complaint? A Quick Review of ADA Enforcement Options ADA Enforcement • Title I: Employment • Title II: State and Local Governments • Title III: Public Accommodations and Commercial Facilities (Private Businesses) • Title IV: Telecommunications 8 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 9 3
8/10/2020 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 10 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 11 Title II: Coverage • All programs, services, and activities of state and local government agencies , also called “public entities” 12 4
8/10/2020 Title II: Grievance Procedure • All public entities with 50 or more employees must have an ADA grievance procedure available 13 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 14 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) 15 5
8/10/2020 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 16 Title III: Federal Complaints • U.S. Department of Justice (DOJ) (ADA.gov/filing_complaint.htm) • No specific deadline to file 17 Title II Title III: Private Lawsuits • Individuals and groups may file private lawsuits • Filing grievances or administrative complaints with federal agencies is not required 18 6
8/10/2020 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) 19 Title IV: Coverage • Providers of telephone voice transmission services must provide functionally equivalent relay services for people with hearing and/or speech disabilities 20 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) 21 7
8/10/2020 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 22 8
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