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- Rehabilitation Act of 1973
- Americans with Disabilities Act (ADA)
-
Fair Housing Act
-
Individuals with Disabilities Education Act
(IDEA)
-
Local Laws and
Regulations
-
Resources
Several federal, state, and local laws and regulations cover disability related grievances and discriminatory actions. This publication explains what agencies enforce specific disability related laws, where to file complaints, and the available legal resources.
Disability related discrimination complaints can be filed at the local, state, and federal levels. People with disabilities should carefully consider the nature of their complaint and gather information about applicable laws to determine where and how to file complaints. Information is power. The more people with disabilities know about the applicable laws, the better prepared they are to assure they are enforced.
The Rehabilitation Act of 1973 preceded the Americans with Disabilities Act and is applicable to all federal programs and programs that receive federal funding, such as housing programs, educational agencies, and colleges and universities.
Section 504 states that "no qualified individual with a disability in the United States shall be excluded from, denied the benefits of, or be subjected to discrimination under" any program or activity that either receives federal financial assistance or is conducted by any Executive agency or the United States Postal Service.
Each federal agency has its own set of section 504 regulations that apply to its own programs. Agencies that provide federal financial assistance also have section 504 regulations covering entities that receive federal aid. Requirements common to these regulations include reasonable accommodation for employees with disabilities; program accessibility; effective communication with people who have hearing or vision disabilities; and accessible new construction and alterations. Each agency is responsible for enforcing its own regulations. For example, the U. S. Department of Education enforces Section 504 in educational settings. Section 504 may also be enforced through private lawsuits. It is not necessary to file a complaint with a Federal agency or to receive a "right-to-sue" letter before going to court.
For information on how to file 504 complaints with the appropriate agency, contact
U.S. Department of Justice
www.ada.gov
1-800-514-0301, TTY 1-800-514-0383
Civil Rights Division, Disability Rights Section - NYAV
950 Pennsylvania Avenue, NW
Washington, DC 20530
Section 508 establishes requirements for electronic and information technology developed, maintained, procured, or used by the federal government. Section 508 requires federal electronic and information technology to be accessible to people with disabilities, including employees and members of the public.
An accessible information technology system is one that can be operated in a variety of ways and does not rely on a single sense or ability of the user. For example, a system that provides output only in visual format may not be accessible to people with visual impairments and a system that provides output only in audio format may not be accessible to people who are deaf or hard of hearing. Some individuals with disabilities may need accessibility-related software or peripheral devices in order to use systems that comply with Section 508.
For more information on section 508, contact the following.
U.S. General Services Administration Center for IT Accommodation
(CITA)
www.itpolicy.gsa.gov/cita
202-501-4906 TTY 202-501-2010
U.S. Architectural and Transportation
Barriers Compliance Board (Access Board)
www.access-board.gov
1-800-872-2253 TTY 1-800-993-2822
Americans with Disabilities Act (ADA)
The Americans with Disabilities Act (ADA) is a federal civil rights law for persons with disabilities. The ADA defines disability as having a physical or mental impairment that substantially limits one or more major life activities; having a record of such impairment; or being regarded as having such impairment. The ADA does not specifically name the disabilities that it covers. The ADA prohibits discrimination on the basis of disability in employment, State and local government, public accommodations, commercial facilities, transportation, and telecommunications.
The ADA has five titles, or sections, which are as follows:
- Title I-Employment
- Title II-State and Local Governments
- Title III-Public Accommodations
- Title IV-Telecommunications
- Title V-Miscellaneous
The Department of Justice (DOJ) enforces all titles of the ADA, but focuses mainly on Titles II and III through the Disability Rights Section of its Civil Rights Division.
The ADA mandates the Department of Justice to educate and provide technical assistance to businesses, state and local governments, and individuals. The department can answer questions about the ADA, advise the public on rights and responsibilities under the law, and provide technical assistance materials. The DOJ maintains a toll-free ADA Information Line, ADA Internet Web site, and fax-on-demand service. However, they will not answer questions about employment and will refer callers to the Equal Employment Opportunity Commission (see Title I below).
One 800 number connects people with disabilities to the DOJ Civil Rights Division and the ADA Information Line, as does the Web site www.ada.gov.
U.S. Department of Justice
www.ada.gov
1-800-514-0301, TTY 1-800-514-0383
Civil Rights Division, Disability Rights Section - NYAV
950 Pennsylvania Avenue, NW
Washington, DC 20530
In addition, the Disability and Business Technical Assistance Centers (DBTAC) provide information and technical assistance on the ADA. The U. S. Department of Education through the National Institute on Disability and Rehabilitation Research (NIDRR) funds these ten regional centers.
Regional Disability and Business Technical Assistance
Centers
www.adata.org
Voice/TTY 800-949-4232
ADA Information Center for the Mid-Atlantic
Region
www.adainfo.org
Voice/TTY 301-217-0214
451 Hungerford Drive, Suite 607
Rockville, MD 20850
The Equal Employment Opportunity Commission (EEOC) is primarily, but not exclusively, responsible for handling complaints of employment discrimination and enforcing Title I of the ADA.
The ADA requires employers with 15 or more employees to provide qualified individuals with disabilities an equal opportunity to benefit from the full range of employment related opportunities available to others. For example, it prohibits discrimination in recruitment, hiring, promotions, training, pay, social activities, and other privileges of employment. It restricts questions that can be asked about an applicant's disability before a job offer is made, and it requires that employers make reasonable accommodation to the known physical or mental limitations of otherwise qualified individuals with disabilities, unless it results in undue hardship. (Note: See also the Fairfax County Human Rights Commission; Fairfax County prohibits discrimination in employment by employers having four or more employees).
Charges of employment discrimination based on disability may be filed at any U.S. Equal Employment Opportunity Commission (EEOC) field office. Complaints must be filed within 180 days from the date of discrimination, or 300 days if the complaint is filed with a designated state or local fair employment agency. Individuals may file suit in Federal court only after they get a "right-to-sue" letter from the EEOC. Field office serving the Northern Virginia area is the Washington Field Office.
Equal Opportunity Commission (EEOC)
www.eeoc.gov
1-800-669-4000, TTY 1-800-669-6820
EEOC Washington Field Office
www.eeoc.gov/washington/index.html
202-419-0700, TTY 202-419-0702, FAX 202-419-0740
1400 L Street NW, Suite 200
Washington, DC 20005
Information about employment accommodations is available through the Job Accommodation Network (JAN). JAN is a telephone consulting service funded by the U.S. Department of Labor. It provides information and advice to employers and people with disabilities on reasonable accommodation in the workplace.
Job Accommodation Network
http://janweb.icdi.wvu.edu
Voice/TTY 1-800-526-7234, Voice/TTY 1-800-ADA-WORK, Voice/TTY
304-293-7186
PO Box 6080
Morgantown, WV 26506-6080
Title II-State and Local Governments
The Department of Justice (DOJ) is primarily responsible for enforcing Title II. In addition, DOJ can assign Title II complaints to eight other federal agencies-the Departments of Agriculture, Education, Health and Humans Services, Housing and Urban Development, Interior, Labor, and Transportation-for resolution. The Federal Transit Administration (FTA) oversees publicly operated paratransit complaints under Title II.
Title II covers all activities of state and local governments, no matter the size of the government or the money they receive from the federal government. Title II requires that state and local governments give people with disabilities an equal opportunity to benefit from all of their programs, services, and activities-for example, public education, employment, transportation, recreation, health care, social services, courts, voting, and town meetings.
State and local governments must follow specific standards when constructing new building or renovating existing ones. They also must relocate programs or otherwise provide access in inaccessible older buildings. They must communicate effectively with people who have hearing, vision, or speech disabilities.
However, public entities are not required to take actions that would result in undue financial and administrative burdens. They are required to make reasonable modifications to policies, practices, and procedures where necessary to avoid discrimination, unless they can demonstrate that doing so would fundamentally alter the nature of the service, program, or activity being provided.
Complaints of title II violations may be filed with the Department of Justice within 180 days of the date of discrimination. The Department may bring a lawsuit where it has investigated a matter and has been unable to resolve the violations of the ADA. Title II may also be enforced through private lawsuits in Federal court. It is not necessary to file a complaint with the Department of Justice or any other Federal agency, or to receive a "right-to-sue" letter, before going to court.
Voice/TTY 301-217-0214
451 Hungerford Drive, Suite 607
Rockville, MD 20850
The Equal Employment Opportunity Commission (EEOC) is primarily, but not exclusively, responsible for handling complaints of employment discrimination and enforcing Title I of the ADA.
The ADA requires employers with 15 or more employees to provide qualified individuals with disabilities an equal opportunity to benefit from the full range of employment related opportunities available to others. For example, it prohibits discrimination in recruitment, hiring, promotions, training, pay, social activities, and other privileges of employment. It restricts questions that can be asked about an applicant's disability before a job offer is made, and it requires that employers make reasonable accommodation to the known physical or mental limitations of otherwise qualified individuals with disabilities, unless it results in undue hardship. (Note: See also the Fairfax County Human Rights Commission; Fairfax County prohibits discrimination in employment by employers having four or more employees).
Charges of employment discrimination based on disability may be filed at any U.S. Equal Employment Opportunity Commission (EEOC) field office. Complaints must be filed within 180 days from the date of discrimination, or 300 days if the complaint is filed with a designated state or local fair employment agency. Individuals may file suit in Federal court only after they get a "right-to-sue" letter from the EEOC. Field office serving the Northern Virginia area is the Washington Field Office.
Equal Opportunity Commission (EEOC)
www.eeoc.gov
1-800-669-4000, TTY 1-800-669-6820
EEOC Washington Field Office
www.eeoc.gov/washington/index.html
202-419-0700, TTY 202-419-0702, FAX 202-419-0740
1400 L Street NW, Suite 200
Washington, DC 20005
Information about employment accommodations is available through the Job Accommodation Network (JAN). JAN is a telephone consulting service funded by the U.S. Department of Labor. It provides information and advice to employers and people with disabilities on reasonable accommodation in the workplace.
Job Accommodation Network
http://janweb.icdi.wvu.edu
Voice/TTY 1-800-526-7234, Voice/TTY 1-800-ADA-WORK, Voice/TTY
304-293-7186
PO Box 6080
Morgantown, WV 26506-6080
Title II-State and Local Governments
The Department of Justice (DOJ) is primarily responsible for enforcing Title II. In addition, DOJ can assign Title II complaints to eight other federal agencies-the Departments of Agriculture, Education, Health and Humans Services, Housing and Urban Development, Interior, Labor, and Transportation-for resolution. The Federal Transit Administration (FTA) oversees publicly operated paratransit complaints under Title II.
Title II covers all activities of state and local governments, no matter the size of the government or the money they receive from the federal government. Title II requires that state and local governments give people with disabilities an equal opportunity to benefit from all of their programs, services, and activities-for example, public education, employment, transportation, recreation, health care, social services, courts, voting, and town meetings.
State and local governments must follow specific standards when constructing new building or renovating existing ones. They also must relocate programs or otherwise provide access in inaccessible older buildings. They must communicate effectively with people who have hearing, vision, or speech disabilities.
However, public entities are not required to take actions that would result in undue financial and administrative burdens. They are required to make reasonable modifications to policies, practices, and procedures where necessary to avoid discrimination, unless they can demonstrate that doing so would fundamentally alter the nature of the service, program, or activity being provided.
Complaints of title II violations may be filed with the Department of Justice within 180 days of the date of discrimination. The Department may bring a lawsuit where it has investigated a matter and has been unable to resolve the violations of the ADA. Title II may also be enforced through private lawsuits in Federal court. It is not necessary to file a complaint with the Department of Justice or any other Federal agency, or to receive a "right-to-sue" letter, before going to court.
Voice/TTY 301-217-0214
451 Hungerford Drive, Suite 607
Rockville, MD 20850
The Equal Employment Opportunity Commission (EEOC) is primarily, but not exclusively, responsible for handling complaints of employment discrimination and enforcing Title I of the ADA.
The ADA requires employers with 15 or more employees to provide qualified individuals with disabilities an equal opportunity to benefit from the full range of employment related opportunities available to others. For example, it prohibits discrimination in recruitment, hiring, promotions, training, pay, social activities, and other privileges of employment. It restricts questions that can be asked about an applicant's disability before a job offer is made, and it requires that employers make reasonable accommodation to the known physical or mental limitations of otherwise qualified individuals with disabilities, unless it results in undue hardship. (Note: See also the Fairfax County Human Rights Commission; Fairfax County prohibits discrimination in employment by employers having four or more employees).
Charges of employment discrimination based on disability may be filed at any U.S. Equal Employment Opportunity Commission (EEOC) field office. Complaints must be filed within 180 days from the date of discrimination, or 300 days if the complaint is filed with a designated state or local fair employment agency. Individuals may file suit in Federal court only after they get a "right-to-sue" letter from the EEOC. Field office serving the Northern Virginia area is the Washington Field Office.
Equal Opportunity Commission (EEOC)
www.eeoc.gov
1-800-669-4000, TTY 1-800-669-6820
EEOC Washington Field Office
www.eeoc.gov/washington/index.html
202-419-0700, TTY 202-419-0702, FAX 202-419-0740
1400 L Street NW, Suite 200
Washington, DC 20005
Information about employment accommodations is available through the Job Accommodation Network (JAN). JAN is a telephone consulting service funded by the U.S. Department of Labor. It provides information and advice to employers and people with disabilities on reasonable accommodation in the workplace.
Job Accommodation Network
http://janweb.icdi.wvu.edu
Voice/TTY 1-800-526-7234, Voice/TTY 1-800-ADA-WORK, Voice/TTY
304-293-7186
PO Box 6080
Morgantown, WV 26506-6080
Title II-State and Local Governments
The Department of Justice (DOJ) is primarily responsible for enforcing Title II. In addition, DOJ can assign Title II complaints to eight other federal agencies-the Departments of Agriculture, Education, Health and Humans Services, Housing and Urban Development, Interior, Labor, and Transportation-for resolution. The Federal Transit Administration (FTA) oversees publicly operated paratransit complaints under Title II.
Title II covers all activities of state and local governments, no matter the size of the government or the money they receive from the federal government. Title II requires that state and local governments give people with disabilities an equal opportunity to benefit from all of their programs, services, and activities-for example, public education, employment, transportation, recreation, health care, social services, courts, voting, and town meetings.
State and local governments must follow specific standards when constructing new building or renovating existing ones. They also must relocate programs or otherwise provide access in inaccessible older buildings. They must communicate effectively with people who have hearing, vision, or speech disabilities.
However, public entities are not required to take actions that would result in undue financial and administrative burdens. They are required to make reasonable modifications to policies, practices, and procedures where necessary to avoid discrimination, unless they can demonstrate that doing so would fundamentally alter the nature of the service, program, or activity being provided.
Complaints of title II violations may be filed with the Department of Justice within 180 days of the date of discrimination. The Department may bring a lawsuit where it has investigated a matter and has been unable to resolve the violations of the ADA. Title II may also be enforced through private lawsuits in Federal court. It is not necessary to file a complaint with the Department of Justice or any other Federal agency, or to receive a "right-to-sue" letter, before going to court.
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