Americans With Disabilities Act

State of Rhode Island

Commission on the Deaf and Hard of Hearing

Executive Department/Established in 1977. Restructured in 1992.

Please note: ASL and Captioned Videos with more information are available below (under National Association of the Deaf on this page)

State

If you have experienced discrimination due to your hearing loss, you may file a complaint.

Rhode Island Commission on Human Rights (All types of American with Disabilities Act and Employments including state, private, etc.)
180 Westminster Street, 3rd Floor
Providence, RI 02903
(401) 222-2661 (voice)
(401) 222-2664 (TTY)
(401) 222-2616 (fax)
website: www.richr.ri.gov

Federal

If you have experienced discrimination in any situation because of your deafness, please read below carefully. You will find which right under ADA is being violated. The grievance procedure is included below. Please keep in mind that all complaints must be written within 180 days of incident.

Americans with Disabilities Act (ADA)

The ADA prohibits discrimination on the basis of disability in employment, State and local government, public accommodations, commercial facilities, transportation, and telecommunications. It also applies to the United States Congress.

To be protected by the ADA, one must have a disability or have a relationship or association with an individual with a disability. An individual with a disability is defined by the ADA as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment. The ADA does not specifically name all of the impairments that are covered.

ADA Title I: Employment

Title I 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. Religious entities with 15 or more employees are covered under title I.

Title I complaints must be filed with the U.S. Equal Employment Opportunity Commission (EEOC) within 180 days of the date of discrimination, or 300 days if the charge is filed with a designated State or local fair employment practice agency. Individuals may file a lawsuit in Federal court only after they receive a "right-to-sue" letter from the EEOC.

Charges of employment discrimination on the basis of disability may be filed at any U.S. Equal Employment Opportunity Commission field office. Field offices are located in 50 cities throughout the U.S. and are listed in most telephone directories under "U.S. Government." For the appropriate EEOC field office in your geographic area, contact:

(800) 669-4000 (voice)
(800) 669-6820 (TTY)

www.eeoc.gov

Publications and information on EEOC-enforced laws may be obtained by calling:

(800) 669-3362 (voice)
(800) 800-3302 (TTY)

For information on how to accommodate a specific individual with a disability, contact the Job Accommodation Network at:

(800) 526-7234 (voice)
(800) 781-9403 (TTY)

http://www.usdoj.gov/cgi-bin/outside.cgi?http://askjan.org

ADA Title II: State and Local Government Activities

Title II covers all activities of State and local governments regardless of the government entity's size or receipt of Federal funding. 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 (e.g. public education, employment, transportation, recreation, health care, social services, courts, voting, and town meetings).

State and local governments are required to follow specific architectural standards in the new construction and alteration of their buildings. They also must relocate programs or otherwise provide access in inaccessible older buildings, and communicate effectively with people who have hearing, vision, or speech disabilities. 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. In certain situations, cases may be referred to a mediation program sponsored by the Department. The Department may bring a lawsuit where it has investigated a matter and has been unable to resolve violations. For more information, contact:

U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, N.W.
Disability Rights Section - NYAV
Washington, D.C. 20530

www.ada.gov

(800) 514-0301 (voice)
(800) 514-0383 (TTY)

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 (DOJ) or any other Federal agency, or to receive a "right-to-sue" letter, before going to court.

ADA Title II: Public Transportation

The transportation provisions of title II cover public transportation services, such as city buses and public rail transit (e.g. subways, commuter rails, Amtrak). Public transportation authorities may not discriminate against people with disabilities in the provision of their services. They must comply with requirements for accessibility in newly purchased vehicles, make good faith efforts to purchase or lease accessible used buses, remanufacture buses in an accessible manner, and, unless it would result in an undue burden, provide paratransit where they operate fixed-route bus or rail systems. Paratransit is a service where individuals who are unable to use the regular transit system independently (because of a physical or mental impairment) are picked up and dropped off at their destinations. Questions and complaints about public transportation should be directed to:

Office of Civil Rights
Federal Transit Administration
U.S. Department of Transportation
1200 New Jersey Avenue, Room E54-427
Room 9102
Washington, D.C. 20590
www.fta.dot.gov/ada
(888) 446-4511 (voice/relay)

ADA Title III: Public Accommodations

Title III covers businesses and nonprofit service providers that are public accommodations, privately operated entities offering certain types of courses and examinations, privately operated transportation, and commercial facilities. Public accommodations are private entities who own, lease, lease to, or operate facilities such as restaurants, retail stores, hotels, movie theaters, private schools, convention centers, doctors' offices, homeless shelters, transportation depots, zoos, funeral homes, day care centers, and recreation facilities including sports stadiums and fitness clubs. Transportation services provided by private entities are also covered by title III.

Public accommodations must comply with basic nondiscrimination requirements that prohibit exclusion, segregation, and unequal treatment. They also must comply with specific requirements related to architectural standards for new and altered buildings; reasonable modifications to policies, practices, and procedures; effective communication with people with hearing, vision, or speech disabilities; and other access requirements. Additionally, public accommodations must remove barriers in existing buildings where it is easy to do so without much difficulty or expense, given the public accommodation's resources.

Courses and examinations related to professional, educational, or trade-related applications, licensing, certifications, or credentialing must be provided in a place and manner accessible to people with disabilities, or alternative accessible arrangements must be offered.

Commercial facilities, such as factories and warehouses, must comply with the ADA's architectural standards for new construction and alterations.

Complaints of title III violations may be filed with the Department of Justice. In certain situations, cases may be referred to a mediation program sponsored by the Department. The Department is authorized to bring a lawsuit where there is a pattern or practice of discrimination in violation of title III, or where an act of discrimination raises an issue of general public importance. Title III may also be enforced through private lawsuits. It is not necessary to file a complaint with the Department of Justice (or any Federal agency), or to receive a "right-to-sue" letter, before going to court. For more information, contact:

U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, N.W.
Disability Rights Section - NYAV
Washington, D.C. 20530
www.ada.gov
(800) 514-0301 (voice)
(800) 514-0383 (TTY)

ADA Title IV: Telecommunications Relay Services

Title IV addresses telephone and television access for people with hearing and speech disabilities. It requires common carriers (telephone companies) to establish interstate and intrastate telecommunications relay services (TRS) 24 hours a day, 7 days a week. TRS enables callers with hearing and speech disabilities who use TTYs (also known as TDDs), and callers who use voice telephones to communicate with each other through a third party communications assistant. The Federal Communications Commission (FCC) has set minimum standards for TRS services. Title IV also requires closed captioning of Federally funded public service announcements. For more information about TRS, contact the FCC at:

Federal Communications Commission
445 12th Street, S.W.
Washington, D.C. 20554
www.fcc.gov/cgb/dro
(888) 225-5322 (voice)
(888) 835-5322 (TTY)

General Sources of Disability Rights Information

ADA Information Line
(800) 514-0301 (voice)
(800) 514-0383 (TTY)
www.ada.gov

Regional Disability and Business
Technical Assistance Centers
(800) 949-4232 (voice/TTY)
www.adata.org

The sources are obtained from the U.S. Department of Justice’s A Guide to Disability Rights Laws.

National Association of the Deaf:

Employment Discrimination – by Federal Government Employers

YouTube Description: NAD explains how a deaf or hard of hearing employee can file a complaint regards workplace discrimination by a federal government employer.

YouTube Video

The EEOC does not investigate charges of workplace discrimination on basis of disability by the federal government or discrimination against job applicants.The first thing to do is to contact the Equal Employment Opportunity (EEO) office at your agency or where you applied within 45 days.The EEO counselor then will talk to you about your rights and responsibilities and ask you for basic information about your situation.

In most cases, the EEO Counselor will give you the choice of participating either in EEO counseling or in an alternative dispute resolution (ADR) program, such as a mediation program. Not all problems are covered by an agency’s ADR program, and the EEO Counselor should be able to tell you whether yours is the type of situation that is covered. If it is not covered, then the Counselor will try to settle the matter informally. An example of discrimination is an employer’s refusal to provide an interpreter for staff meetings or attempts to exclude you by telling you that meeting minutes will be provided to you afterwards to avoid interpreting costs. If you do not settle the dispute during counseling or through ADR, you can file a formal discrimination complaint against the agency with the agency’s EEO Office.The Counselor will hold a final interview with you and then give you a notice with instructions about how to file a formal complaint. This interview will take place within 30 days from the day you first contacted the EEO Office to request counseling (unless you participated in ADR or agreed to an extension of up to an additional 60 days). If you participate in ADR, the pre-complaint process is extended to 90 days.

When you file a complaint, please let the NAD know, so we can see if we can provide assistance with your case.

For more information, contact your agency’s EEO office or go to http://www.eeoc.gov/federal/fed_employees/complaint_overview.cfm or http://www.nad.org/issues/employment/discrimination-and-reasonable-accommodations.

U.S. Department of Defense: http://www.dss.mil/about_dss/contact_dss/contact_eeo.html
U.S. Department of Justice EEO: http://www.ojp.usdoj.gov/about/offices/eeo.htm
U.S. Department of Labor: http://www.dol.gov/dol/topic/discrimination/index.htm
U.S. Department of State: http://www.state.gov/s/ocr/
Federal Bureau of Investigation: http://www.fbijobs.gov/1114.asp
U.S. Immigrations and Customs Enforcement: http://www.ice.gov/about/offices/management-administration/eeo/

Discrimination by State and Local Government Programs or Services

YouTube Description: NAD shares information on what deaf or hard of hearing people can do if they experience discrimination by state/local government programs or services.

YouTube Video

The U.S. Department of Justice is responsible for enforcing the Americans with Disabilities Act (ADA) with respect to state and local governments. When you encounter discrimination by state and local governments, such as a public school refusing to provide an interpreter for your child’s IEP meeting or graduation, or a city hall turning down your request for an interpreter at a town hall meeting, you may file an ADA Title II complaint. This must be done within 180 days of the discrimination. A form for filing ADA Title II complaints is available online at http://www.ada.gov/t2cmpfrm.htm. You can type your information into the form then email it as an attachment to the following email address: ada.complaint@usdoj.gov along with any relevant documents. You will receive an automatic reply e-mail confirming that your complaint has been received. Please keep a copy of your complaint and the reply e-mail for your records. You may also file a complaint (lawsuit) in state or federal court. There are deadlines for filing complaints in court. These deadlines differ in each state. To locate your state civil court, go to: http://www.ncsc.org/Information-and-Resources/Browse-by-State.aspx. To locate your federal court, go to: http://www.uscourts.gov/court_locator.aspx.

When you file a complaint, please let the NAD know, so we can see if we can provide assistance with your case. A helpful FAQ site is http://www.ada.gov/fact_on_complaint.htm#1.

Discrimination in Public Transportation

YouTube Description: NAD explains how deaf and hard of hearing travelers can file a complaint when they experience lack of access on public transportation.

YouTube Video

Federal and state agencies along with private businesses are required by the Americans with Disabilities Act to provide accessible information to deaf and hard of hearing travelers. For instance, captioning should be provided for all information that is communicated via spoken language, such as public service announcements and announcements of bus/train/ferry stops or delays. There should also be visual warnings for sirens or emergency alarms.

If you have experienced lack of access on buses, metro or trains, file a complaint with the appropriate agency under the Department of Transportation (DOT). Check out agency contact information here: http://www.dot.gov/citizen_services/disability/complaints.html or fill out and mail this form: http://www.fta.dot.gov/civilrights/ada/civil_rights_3889.html.

A brief summary from relevant NAD webpages: http://www.nad.org/news/2010/12/nad-meets-us-dept-transportation and http://www.nad.org/issues/transportation-and-travel.

Discrimination by Businesses

YouTube Video

The U.S. Department of Justice is responsible for enforcing the Americans with Disabilities Act (ADA) with respect to businesses (any size; for-profit and non-profit).

When you encounter discrimination by businesses or service providers, such as a concert venue refusing to provide accommodations or a law office refusing to pay for an interpreter, you can file a complaint under ADA Title III with the Department of Justice by mail or email. A complaint includes your full name, address, telephone, and the name of business/organization that you believe did the discrimination. Also include a description of what happened including the day and time that the discrimination happened and the names of people who caused the discrimination. You are also encouraged to include other information that is important to explain what happened like copies of emails, notes or forms, but keep the originals. You can find more information about filing an ADA Title III complaint at http://www.ada.gov/t3compfm.htm.

Another option is to use the Title II form at http://www.ada.gov/t2cmpfrm.htm and mail to the address on the form or email to ada.complaint@usdoj.gov with any other relevant documents or proof. There is no time limit for filing an ADA Title III complaint with the U.S. Department of Justice, but you should file as soon as possible.

When you file a complaint, please let the NAD know, so we can see if we can provide assistance with your case.

For more information:

Discrimination in Health Care and Mental Health Services

YouTube Description: NAD shares information on how deaf or hard of hearing patients can file a complaint against health care providers when they do not receive effective communication.

YouTube Video

Health care providers and mental care providers are required to provide effective communication for deaf and hard of hearing individuals such as providing interpreters for patients that are deaf or hard of hearing or hearing patients’ deaf and hard of hearing companions. There are three ways to file complaints against health care providers, depending on the hospital or doctor’s public/private status and funding. You may file these complaints at the same time.

You may file an ADA complaint with the U.S. Department of Justice.

If the health care provider is a state or local government program or service, such as a public hospital or public health clinic, you can file an ADA Title II complaint. A form for filing ADA Title II complaints is available online at http://www.ada.gov/t2cmpfrm.htm. You do not need to use the form, but the form will help you know the kind of information you should include in your complaint. You must file an ADA Title II complaint within 180 days of the discrimination

If the health care provider is a business or is privately operated, such as a doctor’s office, you can file an ADA Title III complaint. You can find more information about filing an ADA Title III complaint at http://www.ada.gov/t3compfm.htm. There is no time limit for filing an ADA Title III complaint with the U.S. Department of Justice, but you should file as soon as possible.
You may file a complaint with the U.S. Department of Health and Human Services if the health care provider accepts federal financial assistance (such as Medicare). Health care providers that receive federal financial assistance are covered under Section 504 of the Rehabilitation Act. You can find more information about filing a Section 504 complaint at http://www.hhs.gov/ocr/civilrights/complaints/discrimhowtofile.pdf. You must file a Section 504 complaint within 180 days of the discrimination.
You may also file a complaint (lawsuit) in state or federal court. There are deadlines for filing complaints in court. These deadlines differ in each state. To locate your state civil court, go to: http://www.ncsc.org/Information-and-Resources/Browse-by-State.aspx. To locate your federal court, go to: http://www.uscourts.gov/court_locator.aspx.

In addition, some states have passed a Mental Health for Deaf and Hard of Hearing Individuals Bill of Rights. http://www.nad.org/issues/health-care/mental-health-services/model-mental-health-deaf-and-hard-hearing-individuals-bil-0. If this Bill of Rights is violated, file with your state civil court.

When you file a complaint, please let the NAD know, so we can see if we can provide assistance with your case.

For more information:

Health Care Providers: http://www.nad.org/issues/health-care/providers
Mental Care: http://www.nad.org/issues/health-care/mental-health-services
Video Remote Interpreting: http://www.nad.org/issues/technology/vri/advocacy-statement-medical-setting

Police Discrimination

There are two federal disability discrimination statutes that apply to state and local enforcement agencies. Many police departments in the United States receive financial assistance from one or more federal agencies and are subject to the requirements of Section 504 of the Rehabilitation Act, which prohibits discrimination on basis of disability. The second federal statute is Title II of the Americans with Disabilities Act (ADA). 42 U.S.C. §§ 12131-12134 which states that all state and local police departments, regardless of receipt of federal funds, are prohibited from discrimination based on disability. Both Section 504 and the ADA make clear that law enforcement agencies are obligated to take action to ensure effective communication with individuals who are deaf or hard of hearing. Under the ADA and its regulations, state and local law enforcement agencies are required to provide accommodations, such as qualified interpreters, real-time captioning (also called CART), assistive listening devices, or other auxiliary aids and services, to ensure effective communication with deaf and hard of hearing individuals. 28 C.F.R. § 35.160. Law enforcement agencies must consult with the deaf or hard of hearing individual about the choice of auxiliary aid or service would result in effective communication. 28 C.F.R. § 35.160(b)(2). In every situation, there are several factors to consider in determining the appropriate accommodation such as pen and paper for a speed violation ticket or requesting a TTY when in jail. Questioning of deaf or hard of hearing persons should also take place with a qualified interpreter present, or other auxiliary aids or services, to comply with Section 504 and the ADA and to achieve effective communication. For more information, see http://www.nad.org/issues/justice/police-and-law-enforcement/communication-access.

If you have encountered communication discrimination by police enforcement officers, you can file a complaint with the Department of Justice (DOJ) under ADA Title II by going to: http://www.ada.gov/t2cmpfrm.htm. This must be done within 180 days of the discrimination. You can type your information into the form then email it as an attachment to the following email address: ada.complaint@usdoj.gov along with any relevant documents. You will receive an automatic reply e-mail confirming that your complaint has been received. Please keep a copy of your complaint and the reply e-mail for your records. If the police agency receives federal funds, you may choose to file a written Section 504 complaint. For more information, see: http://www.hhs.gov/ocr/civilrights/resources/factsheets/504ada.pdf.

You may also file a complaint (lawsuit) in state or federal court. There are deadlines for filing complaints in court. These deadlines differ in each state. To locate your state civil court, go to: http://www.ncsc.org/Information-and-Resources/Browse-by-State.aspx. To locate your federal court, go to: http://www.uscourts.gov/court_locator.aspx. American Civil Liberties Union (ACLU) produced an ASL video that covers several topics of what your rights are as a deaf and hard of hearing person, when dealing with the Police.

When you file a complaint, please let the NAD know, so we can see if we can provide assistance with your case.

(The sources are obtained from the National Association of the Deaf).