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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

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Technical Assistance

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to let us know

• Call 301-217-0124

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Audio

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Video

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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