TITLE II OF THE ADA: STATE AND LOCAL GOVERNMENT
Title II of the ADA protects people with disabilities from discrimination by state and local governments. It applies to all kinds of state or local governments, for example: police departments, county councils, courts, and state agencies like Department of Social Services (DSS) or Department of Disabilities and Special Needs (DDSN). Title II does not apply to private businesses. They are covered by another part of the ADA called Title III. This information packet does not cover public transportation. If your problem is with a private business or a public transit service please ask us for information about that problem.
This packet includes the following:
If you believe that you have been discriminated against by a state or local government agency you have the right to file a complaint. For more information on how to do this see "Where to File Your Discrimination Complaint" which is included in this packet. You also have the right to file a lawsuit. You are not required to file a complaint before filing a lawsuit. For more information about filing a lawsuit you may wish to contact a private attorney. If you do not know of one you may contact the Lawyer Referral Service at 1-800-868-2284.
CONTACT LIST FOR MORE INFORMATION
SOUTHEAST DISABILITY & BUSINESS TECHNICAL
ASSISTANCE CENTER
490 Tenth Street
Atlanta, GA 30318
1-800-949-4232 (v/TTY)
404-385-0641 (fax)
OR
Disability Rights Education &
Defense Fund (DREDF)
(funded by the Department of Justice)
ADA HOTLINE
1-800-466-4232(voice/TTY)
OR
US DEPARTMENT OF JUSTICE
INFORMATION HOTLINE
1-800-514-0301(voice)
1-800-514-0383(TTY)
www.usdoj.gov/crt/ada/adahom1.htm
OR
ARCHITECTURAL AND TRANSPORTATION BARRIERS
COMPLIANCE BOARD (ACCESS BOARD)
1-800-872-2253(voice)
1-800-993-2822(TTY)
Title II—WHERE TO FILE YOUR DISCRIMINATION COMPLAINT
State or local government agencies with 50 or more employees are required to designate an ADA Coordinator and to adopt grievance procedures to resolve complaints of ADA violations. If the agency that you believe discriminated against you has 50 or more employees you may ask to speak to the ADA Coordinator (ADA Coordinators are sometimes called Disability Coordinators or 504 Coordinators). You may also file a grievance. For smaller government agencies, contact the office of the person in charge of the agency and ask how you can file a complaint. This could be the mayor’s office or a commissioner’s office.
If you are not satisfied with the agency's action on your grievance or if you do not wish to file a grievance you may file a complaint of discrimination with the federal government. Complaints of discrimination under Title II are investigated by several different federal agencies. You may always file your complaint with the Department of Justice, however, it may take some time for them to forward your complaint to the appropriate agency. If you can file with the appropriate agency it may result in quicker action on your complaint. Therefore we suggest the following:
DESIGNATED AGENCIES
Instructions: Please fill out this form completely, in black ink or type. Sign and return to the address on page 3.
Complainant:
Address:
City, State and Zip Code:
Telephone: Home:
Business:
Person Discriminated Against:
(if other than the complainant)
Address:
City, State, and Zip Code:
Telephone: Home:
Business:
Government, or organization, or institution which you believe has discriminated:
Name:
Address:
County:
City:
State and Zip Code:
Telephone Number:
When did the discrimination occur? Date:
Describe the acts of discrimination providing the name(s) where possible of the individuals who discriminated (use space on page 3 if necessary):
Have efforts been made to resolve this complaint through the internal grievance procedure of the government, organization, or institution?
Yes______ No______
If yes: what is the status of the grievance?
Has the complaint been filed with another bureau of the Department of Justice or any other Federal, State, or local civil rights agency or court?
Yes______ No______
If yes:
Agency or Court:
Contact Person:
Address:
City, State, and Zip Code:
Telephone Number:
Date Filed:
Do you intend to file with another agency or court?
Yes______ No______
Agency or Court:
Address:
City, State and Zip Code:
Telephone Number:
Additional space for answers:
Signature: _________________________________________
Date: ________________________________
Return to:
U.S. Department of Justice
Civil Rights Division
Disability Rights - NYAVE
950 Pennsylvania Avenue, NW
Washington, D.C. 20530