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)

http://www.sedbtac.org

se-dbtact@mindspring.com

OR

Disability Rights Education &

Defense Fund (DREDF)

(funded by the Department of Justice)

ADA HOTLINE

1-800-466-4232(voice/TTY)

www.dredf.org

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)

www.access-board.gov


 

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:

  1. If the state or local government agency you are having problems with receives federal funds and you know which federal agency supplies the funds, then file your complaint with that federal agency.
  2. If you do not know which federal agency supplies federal funds or if the state or local government agency receives no federal funds then file your complaint with one of the designated agencies listed below. Look through the description of what types of complaints each agency covers to find the one that fits your concern.
  3. If you have tried both 1 and 2 and still don't know where to file then you may file your complaint with the Department of Justice and they will forward it to the appropriate agency.

 

DESIGNATED AGENCIES

Form DOJ - ADA-II OMB Approval No. 1190-0007 (exp. 8-31-95)

 Title II of the Americans with Disabilities Act
Section 504 of the Rehabilitation Act of 1973
Discrimination Complaint Form

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