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ADA - Title I Employment Complaint Procedure
 Go back to Table of Contents Go back to Complaint Procedures Go forward to ADA - Title II State and Local Government Activities Complaint Procedure
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| "What if accessibility issues are preventing me from being
able to work where I'd otherwise be able?" There are times when the use of inaccessible information or telecommunication technology creates a discriminatory environment in the workplace. Title I of the Americans with Disabilities Act is designed to protect the civil rights of those with disabilities who work in the private sector or state or local government. |
Summary of this part of the ADA that is relevant to inaccessible technology: 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.
When to use this procedure: You are a person with a disability, and you believe that you have encountered employment discrimination because of your disability. In the context of this guide, that discrimination could involve a lack of reasonable accommodations or other measures aimed at facilitating equal access to employment.
Products and services that are covered by Section ADA - Title I:
- Technology that is used to perform your job, such as accessing a website or electronic bulletin board, communicating with others by telephone or email, or using Internet / intranet capabilities
- Technology that would enable you to enjoy equal benefits and privileges of employment as those enjoyed by other similarly situated employees without disabilities. Benefits and privileges of employment include, but are not limited to, employer-sponsored (1) training; (2) services (e.g., employee assistance programs, credit unions, cafeterias, lounges, gymnasiums, auditoriums, and transportation); and (3) parties or other social functions (e.g., parties to celebrate retirements and birthdays, and company outings).
- Technology that is used during the job application process, such as using a website to complete a job application or an intranet application to perform a test for employment.
Other "fine print":
- Applies to private employers with 15 or more employees, including religious entities
- Applies to employment by units of state and local governments
- Applies to applicants for employment as well as employees
- The ADA does not cover the executive branch of the Federal government, which continues to be covered by Title V (Section 501) of the Rehabilitation Act of 1973. The ADA, however, does cover Congress and other entities in the legislative branch of the Federal government. The Rehabilitation Act was amended in 1992 to apply the standards in the Americans with Disabilities Act (ADA) to complaints of discrimination by federal employees or applicants for employment.
- 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
- You can file a lawsuit in Federal court only after you receive a "right-to-sue" letter from the EEOC.
How to proceed with the complaint process:
| Contact your immediate manager or other relevant senior management and try to resolve the problem |
Provide:
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| Document your interactions with the employer |
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| If you cannot resolve the problem by working directly with the employer… | |||||||
| Build and document your case |
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| Contact a field office of the Equal Employment Opportunity Commission (EEOC) |
For information and instructions on reaching your local office, call:
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| Follow the EEOC's instructions on how to file a complaint | The employment provisions of the ADA are enforced under the same procedures applicable to race, color, sex, national origin, and religious discrimination under Title VII of the Civil Rights Act of 1964, as amended, and the Civil Rights Act of 1991. | ||||||
If you are interested in learning more about the ADA, check out these resources:
- The EEOC's fact sheet titled, The ADA: Your Employment Rights as an Individual With a Disability
- The EEOC's information on Job Applicants and the Americans with Disabilities Act
- The EEOC's Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act
- The Department of Justice's Guide to Disability Rights Laws
- The Department of Justice's Questions and Answers on the ADA
- The National Council on Disability's position paper called, When the Americans with Disabilities Act Goes Online: Application of the ADA to the Internet and the Worldwide Web
Go back to Table of Contents Go back to Complaint Procedures Go forward to ADA - Title II State and Local Government Activities Complaint Procedure
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Information Technology Technical Assistance and Training Center
Center for Assistive Technology and Environmental Access
Georgia Institute of Technology
490 10th Street NW · Atlanta, GA 30318
Telephone: 1-800-726-9119 (Voice/TTY) · Fax: 404-894-9320 · Email: ittatc@ittatc.org
Information Technology Technical Assistance and Training Center
Center for Assistive Technology and Environmental Access
Georgia Institute of Technology
490 10th Street NW · Atlanta, GA 30318
Telephone: 1-800-726-9119 (Voice/TTY) · Fax: 404-894-9320 · Email: ittatc@ittatc.org