ITTATC Speak Out

about inaccessible information and telecommunication technology

Personal computers, World Wide Websites, intranets, email, voicemail, cell phones, pagers, PDAs, fax machines, copy machines…all examples of information and telecommunication technology that can make you more productive, organized and plugged into your workplace and community, assuming you can actually use the technology, that is, which is not always the case for people with disabilities. If you have experienced the frustration that comes with being "so close but yet so far" from being able to use information or telecommunication technology, it may be time to redirect that frustration into action by speaking out about the problems you have encountered.

Businesses, non-profits, and governmental agencies take notice when customers complain about - or praise - their products. Given that, the most effective approach, typically, is to communicate your concerns directly to the organization that is delivering the inaccessible product or service. If, however, you cannot resolve the accessibility problem by dealing directly with the organization, you may need to pursue the legal remedies that are available to you.

This guide outlines a suggested approach for complaining about inaccessible information and telecommunication technology in the U.S., including information about your legal rights as a consumer. The guide is organized into the following sections, which step you through the processes of speaking out about inaccessible technology.

Note: On July 21st, 2004 from 1 - 3 PM ET, ITTATC hosted a nationwide gathering of technology consumers.

During this free audio conference call (with simultaneous webcast captioning), a panel of experts educated consumers on the federal laws that support the availability of accessible information and telecommunication technology.

Consumers were encouraged to take action during the hands-on portion of the event by working with the local host site facilitators and the experts to generate letters of complaint, which will be forwarded on to the appropriate organizations.

Click here to see the presentation materials and a transcript of the event.

Contents:

The basics of speaking out

Your legal rights

Which complaint procedure applies to you

Complaint procedures

Scenarios and sample letters of complaint

Templates for letters of complaint

Where to go for legal information and help

Quick reference of accessibility laws

Quick reference of key organizations

Nothing will change unless consumers demand accessible technology. Use this resource as a guide towards making a difference.

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The Basics of Speaking Out

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"How do you tell people you've never met that you don't think they are doing their job as well as they could?"

There are usually many different things that must be done when a company or agency needs to make a change to an existing product or service. You can provide valuable assistance by identifying the accessibility problems and making suggestions for ways to fix them.

Before you speak out about an inaccessible product or service, make sure you address the following basic considerations.

Understand the accessibility problem. Clearly identify the inaccessible features or functions of the product or service so you can articulate your concerns to the organization that can make the changes.

Consider the solutions. Think about what you need to make the product or service accessible to you. There may be multiple ways to address the problem - from minor changes to radical reengineering - so try to determine how different types of changes could allow you to use the product or service more effectively.

Gather documentation. If applicable, find the receipt, warrantee, and model number of the inaccessible product. Once you start complaining, keep documentation of your interactions with the organization, e.g., copies of letters or emails and records of phone conversations, along with the dates and times of these contacts.

Figure out who should receive your complaint. If you are dealing with a business, you should start with the individual who sold you the product or the customer service department, if it exists. Some companies have accessibility program managers, who can be your internal champions within the businesses. If neither of these options is available, contact a senior manager within the company. If your employer is asking you to use inaccessible technology, talk to your manager. For services delivered by a governmental organization, contact the manager of the department or agency that is most directly involved.

Understand your legal rights. When dealing with the organization most directly involved in providing the inaccessible technology, it can be helpful to let them know that you are aware of your legal rights. Ideally, you will use that knowledge as leverage to press for changes without actually having to pursue legal remedies.

Be persistent. After you contact the organization and communicate your concerns, propose a deadline for their response and then follow up with phone calls, emails, or other contacts.

Be polite but firm. Organizations are more likely to respond to complaints that are pursued in a clear, calm and firm manner. Although you may get angry or frustrated by the process, try to channel that energy into a persuasive argument about your right to accessibility.

Praise the good features. If there are certain aspects of the product or service that are particularly easy-to-use, point them out and commend the organization for including them in the technology.

Know when it is time to move on to legal remedies. When all else fails and you cannot reach resolution with the directly involved organization, consider using the legal complaint procedures that are available to you.

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Your Legal Rights

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"What laws are relevant to my situation?"

As awareness of disability issues has grown over the last decades, so too have the laws governing the rights of people with disabilities. Since this is an ongoing process, these laws have been developed at different times and places. It can be challenging to determine which regulations apply to a particular situation. This chapter will give you an overview of some of the primary Federal laws that apply to the accessibility of information and telecommunication technologies.

The following section provides brief explanations of some of the Federal laws that apply to the accessibility of information and telecommunication technology. The associated complaint procedures are explained in later sections of this guide.

CAUTION: The intent of this guide is to provide informal guidance on how to speak out about inaccessible technology. ITTATC does not provide legal advice. Examples are given for illustration purposes only, and they are not intended to be comprehensive or complete. If you need legal assistance or advice on your specific situation, please contact an attorney or one of the organizations mentioned in the section called Where to go for legal information and help.

The Rehabilitation Act of 1973 (with amendments in 1998) prohibits discrimination based on disability in Federal employment and federally funded programs and services, by Federal contractors, and in the availability and use of Federal agencies' electronic and information technology. Three sections that apply to the accessibility of technology are highlighted below: Section 501, Section 504, and Section 508.
- Section 501 of the Rehabilitation Act requires Federal agencies to provide reasonable accommodations for their employees with disabilities unless doing so would impose an undue hardship. To be eligible, an employee must be able to perform the essential functions of the job with the accommodations. Reasonable accommodations may include technologies designed to facilitate completion of these essential functions.
- Section 504 of the Rehabilitation Act 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 and to the entities that receive Federal aid from them. These regulations generally include requirements for reasonable accommodation for employees with disabilities; program accessibility; effective communication with people who have hearing or vision disabilities; and accessible new construction and alterations.
- Section 508 of the Rehabilitation Act requires that when Federal departments and agencies procure, develop, maintain or use electronic and information technology (EIT), they must ensure that they comply with the accessibility standards developed by the Architectural and Transportation Barriers Compliance Board (Access Board), unless doing so would pose an undue burden on those Federal departments or agencies. The purpose of the law is to ensure that Federal employees and members of the public with disabilities have access to the same information and technologies as employees and members of the public without disabilities.

The Telecommunications Act of 1996 was the first major overhaul of American telecommunications policy in nearly 62 years. This Act added two provisions to the Communications Act of 1934 that focus specifically on access to telecommunications products by individuals with disabilities: Section 255 and Section 713.
- Section 255 of the Communications Act requires telecommunications manufacturers and providers of telecommunications services to make their products and services accessible to and usable by individuals with disabilities, if readily achievable. Where it is not readily achievable to provide access, Section 255 requires manufacturers and providers to make their devices and services compatible with peripheral devices and specialized customer premises equipment that are commonly used by people with disabilities, if readily achievable. In determining what is readily achievable, companies must balance the costs and nature of the access required with their available resources. Companies that have great resources will need to do more to achieve access than will companies with smaller budgets. The FCC makes readily achievable determinations on a case-by-case basis.
- Section 713 of the Communications Act requires video programming shown on television to be shown with captions. This law applies to programming shown by broadcast, cable, satellite and other distribution methods. FCC rules require nearly all new programming to have captions by 2006. Seventy-five percent of older programming must be captioned by 2008. Spanish language programming must be captioned a few years after these deadlines.

The Americans with Disabilities Act (ADA) of 1990 prohibits discrimination on the basis of disability in employment, state and local government, public accommodations, commercial facilities, transportation, and communications. To be protected by these ADA provisions, you 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 also requires the provision of nationwide relay services and captioning on federally assisted public service announcements. The ADA is organized into five sections, four of which include complaint processes. Those sections - Titles I, II, III, and IV - are explained in more detail in later parts of this guide.

The Hearing Aid Compatibility Act (HAC Act) of 1988 requires all wireline and cordless telephones manufactured or imported for use in the United States to be compatible with hearing aids. This Act built upon the Telecommunications for the Disabled Act of 1982, which directed the FCC to establish uniform technical standards for hearing aid compatibility. The HAC Act also requires all wireline and cordless phones to be equipped with volume control. In addition, the FCC has ruled that certain wireless phones must be built with features that are compatible with hearing aids and cochlear implants over time, although there are no mandates for volume control in wireless phones.

The Television Decoder Circuitry Act of 1990 requires all televisions with screens larger than 13 inches (diagonally) to be built with internal circuitry that can receive, decode, and display closed captions. In addition, digital television receivers sold separately or with screens that are 7.8 inches or larger (vertically) must also have internal circuitry to display closed captions on digital television programming.

Televised Emergency Programming Mandates require all video program providers to make their television programs on emergencies visually accessible to people with hearing disabilities and aurally accessible to people with visual disabilities. These requirements apply to regularly scheduled news programs as well as emergency news bulletins that interrupt regularly scheduled programming.

The Help America Vote Act (HAVA) is a comprehensive act involving the administration of Federal elections, voting machines, polling places, voter registration, and other areas. Included within HAVA are provisions related to the accessibility of polling places and voting machines. These provisions are intended to promote full participation in the electoral process for persons with disabilities. HAVA builds on the Americans with Disabilities Act (ADA) and the Voting Accessibility for the Elderly and Handicapped Act (VAEHA) to enable persons with disabilities to more readily participate in the electoral process, and to vote independently and privately. HAVA was signed into law on October 29, 2002, and its provisions will take effect over time, with the final milestone occurring on January 1, 2006. Each state is responsible for developing complaint procedures related to HAVA violations, and most of them are still in development. ITTATC will continue to monitor the states' progress and provide updates as complaint processes are defined. Check www.ittatc.org regularly for more information on implementation of HAVA and its impact on accessible voting.

Note: Many states have passed laws pertaining to the accessibility of technology. You can find an overview of the states' accessibility-related laws, policies and standards at http://www.ittatc.org/laws/stateLawAtGlance.php, or you can contact your local Protection and Advocacy organization (www.napas.org) to learn more about what your state requires of technology.

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Which Complaint Procedure Applies to You

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"If something needs to be changed, who do I tell and how?"

The complaint procedure that you should follow will vary depending on your situation. The short answer is that you should start by complaining to the party that is most directly involved, which may be a business, a non-profit or a governmental organization. If you are unable to reach a satisfactory resolution using the direct route, you may then need to escalate your complaint using the legal remedies that are available to you.

The following section provides the basic guidelines that should help you decide which complaint procedure to use as you initiate a complaint about inaccessible technology. The decision logic that follows is divided into five general situations: telecommunications, employment-related technology, government-funded programs and activities, accommodations provided by the private sector, and television.

If you have a problem with inaccessible telecommunications equipment or services...

You may need to follow the complaint procedure for:

The Hearing Aid Compatibility Act
Section 255 of the Communications Act
Title IV of the ADA or
Section 508 of the Rehabilitation Act

Review the following details to see which procedure applies to your situation.

If you are a consumer who has encountered a telephone that is provided by a business and it is not compatible with your hearing aid or does not have volume control
		Follow the complaint procedure for The Hearing Aid Compatibility Act

If you are a consumer who has encountered an inaccessible telecommunications product or service that is provided by a business
		Follow the complaint procedure for Section 255 of the Communications Act

If you are a person with a disability and you are unable to access telecommunications relay services
		Follow the complaint procedure for ADA - Title IV

If you are an employee of the Federal government, you have a disability, and you cannot perform your job because of inaccessible technology, or you are a member of the public with a disability and you cannot access public information from the Federal government because of inaccessible technology (including via telecommunications), and the technology was purchased by the government after June 21, 2001:
		Follow the complaint procedure for Section 508 of the Rehabilitation Act

If you have a problem with inaccessible information or telecommunication technology on the job...

You may need to follow the complaint procedure for:

Section 501 of the Rehabilitation Act
Section 508 of the Rehabilitation Act or
Title I of the ADA

Review the following details to see which procedure applies to your situation.

If you are an employee of the Federal government, you have a disability, and you have encountered discrimination because your job requires use of inaccessible technology or you cannot enjoy equal benefits and privileges of employment because of inaccessible technology or you are an applicant for a position in the Federal government you have a disability, and you have encountered discrimination because the application process requires use of inaccessible technology
		Follow the complaint procedure for Section 501 of the Rehabilitation Act

If you are an employee of the Federal government, you have a disability, and you cannot perform your job because of inaccessible technology, (including via telecommunications), and the technology was purchased by the government after June 21, 2001
		Follow the complaint procedure for Section 508 of the Rehabilitation Act

If you are an employee of a state or local government, you have a disability, and you have encountered discrimination because your job requires use of inaccessible technology or you cannot enjoy equal benefits and privileges of employment because of inaccessible technology or you are an applicant for a position in state or local government you have a disability, and you have encountered discrimination because the application process requires use of inaccessible technology
		Follow the complaint procedure for ADA - Title I

If you are an employee of a business or non-profit organization with at least 15 employees, you have a disability, and you have encountered discrimination because your job requires use of inaccessible technology or you cannot enjoy equal benefits and privileges of employment because of inaccessible technology or you are an applicant for a position in a business or non-profit organization with at least 15 employees, you have a disability, and you have encountered discrimination because the application process requires use of inaccessible technology
		Follow the complaint procedure for ADA - Title I

If you have a problem with inaccessible information or telecommunication technology that supports government-funded programs or activities...

You may need to follow the complaint procedure for:

Section 504 of the Rehabilitation Act
Section 508 of the Rehabilitation Act or
Title II of the ADA

Review the following details to see which procedure applies to your situation.

You are a person with a disability and you are unable to use a program or activity that receives Federal financial assistance (such as those providing education, health care, housing, social services, or parks and recreation) because of inaccessible technology or you are a person with a disability and you are unable to use a program or activity that is conducted by any Federal executive agency or the United States Postal Service because of inaccessible technology
		Follow the complaint procedure for Section 504 of the Rehabilitation Act

If you are an employee of the Federal government, you have a disability, and you cannot perform your job because of inaccessible technology, or you are a member of the public with a disability and you cannot access public information from the Federal government because of inaccessible technology (including via telecommunications), and the technology was purchased by the government after June 21, 2001
		Follow the complaint procedure for Section 508 of the Rehabilitation Act

If you are a person with a disability and you are unable to use a program or activity provided by a state or local government because of inaccessible technology
		Follow the complaint procedure for ADA - Title II (State and Local Government Activities)

If you are a person with a disability and you are unable to use public transportation because of inaccessible technology
		Follow the complaint procedure for ADA - Title II (Public Transportation)

If you have a problem with inaccessible information or telecommunication technology that supports private sector accommodations...

You may need to follow the complaint procedure for:

Title III of the ADA

Review the following details to see if the Title III procedure applies to your situation.

If you are a person with a disability and you are unable to use public accommodations (such as restaurants, retail stores, hotels, movie theaters, and private transportation) because of inaccessible technology
		Follow the complaint procedure for ADA - Title III

If you have a problem with the accessibility of televised information...

You may need to follow the complaint procedure for:

The Television Decoder Circuitry Act
Section 713 of the Communications Act or
The Televised Emergency Programming rules

Review the following details to see which procedure applies to your situation.

If you are a consumer who has encountered a television that cannot decode or display closed captions
		Follow the complaint procedure for The Television Decoder Circuitry Act

If you are a consumer who has encountered a television program with no captioning or poor captioning
		Follow the complaint procedure for Section 713 of the Communications Act

If you are a consumer who has encountered televised information about an emergency situation that is not accessible visually to people who cannot hear or aurally to people who cannot see
		Follow the complaint procedure for Televised Emergency Programming

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Complaint Procedures

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The following links will take you to the step-by-step procedures for the various complaint processes pertaining to inaccessible technology.

Click the link of interest to see the procedure. If you are not sure which one applies to your situation, go back to Which Complaint Procedure Applies to You.

Section 501 Rehab Act Complaint Procedure

Section 504 Rehab Act Complaint Procedure

Section 508 Rehab Act Complaint Procedure

Section 255 Communications Act Complaint Procedure

Section 713 Communications Act Complaint Procedure

ADA Title I Complaint Procedure

ADA Title II Complaint Procedure (State and Local Government Activities)

ADA Title II Complaint Procedure (Public Transportation)

ADA Title III Complaint Procedure

ADA Title IV Complaint Procedure

Hearing Aid Compatibility Act Complaint Procedure

Television Decoder Circuitry Act Complaint Procedure

Televised Emergency Programming Complaint Procedure

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Section 501 Rehab Act Complaint Procedure

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"What if the employer from which I need an accommodation is the Federal government?"

The accessibility of technology within the work environment affects your ability to achieve and maintain employment. Section 501 of the Rehabilitation Act is designed to ensure that employees and potential employees of the executive branch of the Federal government who have disabilities get the accommodations they need to obtain and perform their jobs. The executive branch includes most Federal agencies, and some examples are the Department of Health and Human Services, the Department of Transportation, and the United States Postal Service.

When to use this procedure: You are a person with a disability who works (or who has applied for work) in the executive branch of the Federal government, and you believe that you have encountered employment discrimination because of your disability. This discrimination could involve a lack of reasonable accommodations aimed at facilitating equal access to the job application process, the work environment, or other benefits and privileges of employment. In the context of this guide, a reasonable accommodation would involve acquiring or modifying information or telecommunication technology that would make possible equal access to the tools of your trade.

Note: There is some overlap in the applicability of Sections 501, 504, and 508 of the Rehab Act. In certain cases, you should follow multiple complaint procedures to take advantage of all legal remedies available to you.

For example, if you are a Federal employee with a disability, and you have encountered inaccessible technology on the job, in addition to filing a complaint using the Section 501 procedure, you also can follow the Section 504 complaint procedure (which applies to all programs and activities that are conducted by any Federal executive agency or the United States Postal Service). In the most comprehensive case, if you are a Federal employee with a disability, and you have encountered inaccessible technology on the job that was purchased after June 21, 2001, you can follow all three of the complaint procedures: Section 501, Section 504, and Section 508.

See the Section 504 and Section 508 complaint procedures for more information about their applicability.

Products and services that are covered by Section 501:

Technology that is used to perform your job, such as using your computer, accessing a website or electronic bulletin board on the Internet, or communicating with others by telephone. For example, you might need a TTY if you are deaf, a telephone amplifier if you are hard of hearing, or a screen reader or Braille output on your computer if you are blind.

Technology that would enable you to enjoy equal benefits and privileges of employment as those enjoyed by 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":

Section 501 applies to departments, agencies, and instrumentalities (including the United States Postal Service and Postal Rate Office) in the executive branch of the Federal government.

Agencies do not have to provide reasonable accommodations that would impose an undue hardship on the operation of the agency. In determining an undue hardship, the Federal agency is required to weigh the cost and type of the accommodation against the size, budget, and nature of the agency. The agency need not provide an accommodation that would require significant difficulty or expense.

A modification or adjustment is "reasonable" if it "seems reasonable on its face, i.e., ordinarily or in the run of cases;" this means it is "reasonable" if it appears to be "feasible" or "plausible." An accommodation also must be effective in meeting the needs of the individual.

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.

In general, you must have requested and been denied an accommodation before filing a Section 501 complaint. A denial from a Federal agency must notify the individual of the right to file an EEO complaint. The agency must also identify and explain any agency procedures that are available for informal dispute resolution.

How to proceed with the complaint process:

Contact your immediate manager or other relevant senior management and try to resolve the problem	Provide: A detailed description of the equipment or service that is inaccessible, including company name, model number, type of service, etc. A detailed description of the inaccessible features or functions, including exactly what happens and does not happen Suggestions for improvement
Document your interactions with the employing agency	Dates of conversations, emails, letters or faxes Person(s) with whom you interacted, including their contact information Details of your conversations Copies of emails, letters or faxes
If you cannot resolve the problem by working directly with the employing agency...
Contact the Equal Employment Opportunity (EEO) Counselor in the employing agency	Google search engine (to lookup the agency's EEO counselor) The agency will conduct EEO counseling or offer mediation or another form of alternative dispute resolution. Note: You must initiate contact with the counselor within 45 days of the discriminatory act or within 45 days of when you became aware of it.
If you cannot resolve the issue informally with your agency's EEO Counselor, the agency will give you a Notice of Final Interview, and you will have 15 days from the date of the notice to file a formal complaint.
File a formal complaint with the employing agency	You should provide a signed statement from yourself or your attorney that includes: Your name, address, telephone/TTY number and email address Your attorney's name, address, telephone/TTY number and email address (if you have hired an attorney) Name and address of the Federal agency General description of the action or practice that forms the basis of the complaint Note: The Notice of Final Interview will identify the agency official with whom the complaint must be filed. Once a formal complaint is filed, the matter will either be dismissed or investigated, and you may proceed either to an agency decision or a hearing before an EEOC Administrative Judge.
If you want to appeal the agency's or Administrative Judge's decision…
Complete the EEOC's appeal form	You can find the appeal form at http://www.eeoc.gov/federal/md110/appendixk.html. Note: You may appeal an agency's final action or dismissal of a complaint within 30 days of receipt.
Sign the form and mail it to the EEOC's Office of Federal Operations (OFO)	The Equal Employment Opportunity Commission Office of Federal Operations P.O. Box 19848 Washington, D.C. 20036
The EEOC's decision will be based on a preponderance of the evidence. The decision will also inform you of your right to file a civil action. Prior to filing a civil action under the Rehabilitation Act, you must first complete the administrative process according to the EEOC's regulations (29 CFR Part 1614).

If you are interested in learning more about Section 501 of the Rehab Act, check out these resources:

The EEOC's guide to The Rehabilitation Act of 1973: Sections 501 and 505

The EEOC's information on Job Applicants and the Americans with Disabilities Act (which also applies to applicants for Federal employment, who are protected from discrimination by Section 501)

The EEOC's Policy Guidance On Executive Order 13164: Establishing Procedures To Facilitate The Provision Of Reasonable Accommodation

The EEOC's Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act (which also applies to Federal sector complaints of non-affirmative action employment discrimination arising under Section 501 of the Rehabilitation Act of 1973)

The EEOC's Facts About Federal Sector Equal Employment Opportunity Complaint Processing Regulations

The EEOC's information on the Federal EEO Complaint Processing Procedures

The EEOC's Regulations concerning Federal Sector Equal Employment Opportunity: 29 CFR Part 1614

The text of the Rehabilitation Act

The Department of Justice's Guide to Disability Rights Laws

The National Council on Disability's position paper called, The Accessible Future

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Section 504 Rehab Act Complaint Procedure

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"If something is being funded by the Federal government, shouldn't it be accessible to everyone?"

It is the stated intent of the Federal government that all of its programs and activities should be available to all citizens. Discrimination on the basis of disability is not allowed. Activities and programs provided by a Federal executive agency or anyone receiving Federal financial assistance are governed by Section 504 of the Rehabilitation Act.

When to use this procedure: You are a person with a disability who has been denied the benefits of, or been subjected to discrimination under any program or activity that either receives Federal financial assistance or is conducted by any Federal executive agency or the United States Postal Service. In the context of this guide, your inability to participate in the program or activity would be due to the use of inaccessible information or telecommunication technology.

Note: There is some overlap in the applicability of Sections 501, 504, and 508 of the Rehab Act. In certain cases, you should follow multiple complaint procedures to take advantage of all legal remedies available to you.

For instance, if you are a Federal employee with a disability who has encountered inaccessible technology on the job, you should consider filing (1) a Section 501 complaint, (2) a Section 504 complaint and (3) a Section 508 complaint (if the inaccessible technology was purchased after June 21, 2001). If you are not a Federal employee but Section 504 seems to apply to your situation, you also should consider filing a Section 508 complaint if the inaccessible technology was purchased after June 21, 2001.

The main difference between Section 504 and Title II of the ADA is that one applies to the recipients of grants from the Federal government (Section 504) and the other applies only to state and local public entities (Title II). As an example, a school or college may be both a recipient of Federal funds from the U.S. Department of Education and also a public entity. In such cases, the institution is covered by both laws, and you should consider pursuing both complaint procedures.

Products and services that are covered by Section 504:

All programs and activities that are conducted by any Federal executive agency or the United States Postal Service

All programs and activities that receive Federal financial assistance. For example, virtually all public school districts are covered by Section 504 because they receive some Federal financial assistance. Most public and private colleges and universities receive some type of Federal financial assistance also.

The law also highlights organizations that are "principally engaged in the business of providing education, health care, housing, social services, or parks and recreation."

Other "fine print":

Each Federal agency has its own set of Section 504 regulations that apply to its own programs and to the entities that receive Federal aid from them. These regulations generally include requirements for reasonable accommodation for employees with disabilities; program accessibility; effective communication with people who have hearing or vision disabilities; and accessible new construction and alterations.

One of the main differences between Section 504 and Section 508 of the Rehab Act is that Section 508 applies only to Federal departments and agencies and the United States Post Office, while Section 504 applies to all recipients of Federal funding.

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.

An agency does not have to provide an accommodation that would impose an undue hardship on the operation of the agency. In determining an undue hardship, the Federal agency is required to weigh the cost and type of the accommodation against the size, budget, and nature of the agency. The agency need not make an accommodation that would require significant difficulty or expense.

How to proceed with the complaint process:

Build and document your case

Your name, address, telephone/TTY number and email address
Name and address of the Federal agency or the program that receives Federal financial assistance
A detailed description of the product or service that is inaccessible
The date you became aware of the inaccessible product or service
A description of the inaccessible features or functions
Suggestions for improvement
Other pertinent information, such as brand and model number of your hearing aid or voice prosthetic device, level of vision, etc.

Contact the Federal agency providing the funds for the program or activity and find out how to register a complaint

Federal Agency Section 504 Contacts

Follow the agency's specific procedures

Each Federal agency is responsible for enforcing its own regulations. Often agencies have internal offices that are specifically dedicated to resolving complaints based on discrimination, including discrimination on the basis of disability.

You also may contact the U.S. Department of Justice for more information on how to file 504 complaints:

Voice:	1-800-514-0301
TTY:	1-800-514-0383
Mail:	U.S. Department of Justice Civil Rights Division Disability Rights Section - NYAV 950 Pennsylvania Avenue, NW Washington, D.C. 20530
Website:	www.usdoj.gov/crt/ada/adahom1.htm

If you are interested in learning more about Section 504 of the Rehab Act, check out these resources:

The Department of Justice's Guide to Disability Rights Laws

The text of the Rehabilitation Act

Text of Section 504 at GSA's section508.gov website

The National Council on Disability's position paper called, Rehabilitating Section 504

The Department of Education's Overview of Disability Discrimination

FCC's Section 504 Handbook

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Section 508 Rehab Act Complaint Procedure

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"What if I can't use information technology that is provided by the Federal government?"

The technology revolution of the last few years has resulted in the use of electronic formats that store and display a great deal of information. Section 508 seeks to ensure the accessibility of electronic and information technology used by Federal government employees as well as the accessibility of technology needed by consumers to access information provided by the Federal government.

When to use this procedure: You are an employee of a Federal agency who has a disability, and you have encountered inaccessible electronic and information technology (including telecommunications) at work, or you are a member of the public with a disability who cannot access public information from the Federal government because of inaccessible technology. This complaint procedure applies to electronic and information technology that was purchased by the Federal government after June 21, 2001.

Note: There is some overlap in the applicability of Sections 501, 504, and 508 of the Rehab Act. In certain cases, you should follow multiple complaint procedures to take advantage of all legal remedies available to you.

For instance, if you are a Federal employee with a disability who has encountered inaccessible technology on the job, you should consider filing (1) a Section 501 complaint, (2) a Section 504 complaint and (3) a Section 508 complaint (if the inaccessible technology was purchased after June 21, 2001). If you are a member of the public with a disability and Section 508 seems to apply to your situation, you also should consider filing a Section 504 complaint if the technology in question affects your ability to access a program or activity that either receives Federal financial assistance or is conducted by any Federal executive agency or the United States Postal Service.

Products and services that are covered by Section 508:

Computer hardware and software

Telecommunications products, such as telephones and pagers

Information kiosks and transaction machines, such as ticket transaction machines

World Wide Web sites, including both intranet and internet information and applications

Multimedia, such as instructional videos and Flash animations

Office equipment, such as copiers and fax machines

Other "fine print":

Section 508 applies to Federal departments and agencies including the U.S. Postal Service. In addition, contractors providing services or products to Federal agencies must make sure that the products and services that they provide to the Federal government are compliant with Section 508.

Section 508 requirements cover all electronic and information technology (EIT) that is procured, developed, used and maintained by the Federal government. Only those products that were purchased after June 21, 2001, however, are "enforceable" via the complaint procedure. If the technology involved in your case was purchased on or before June 21, 2001, it is possible that requirements for accommodation under Section 501 and Section 504 may apply to your situation.

There are certain situations in which Section 508 does not apply. Agencies are not required to acquire EIT that meets the technical provisions of the accessibility standards if the acquisition: (a) is a micro-purchase made prior to October 1, 2004; (b) is for a national security system; (c) is acquired by a contractor incidental to a contract; (d) is located in spaces frequented only by service personnel for maintenance, repair, or occasional monitoring of equipment; or (e) would impose an undue burden on the agency.

If a Federal agency determines that it would pose an undue burden to comply with the Section 508 standards, it must still provide information and data to individuals with disabilities through an alternative means of access that can be used by the individuals. Alternative means may include, but are not limited to: voice, fax, relay service, TTY, qualified sign language interpreters, Internet posting, captioning, text-to-speech synthesis, readers, personal assistants, or audio descriptions.

The Federal agency that purchases the EIT is responsible for ensuring that the technology conforms to the 508 standards. The standards and Federal Acquisition Regulations can be found at http://www.section508.gov/index.php?FuseAction=Content&ID=3.

It is unclear whether Section 508 applies to technology that was accessible when purchased after June 21, 2001 but was later modified so that it lost some or all of its accessibility.

Depending on the agency's specific procedures, there may be a time limit during which you must file your complaint.

Individuals with disabilities may file a complaint with an agency or bring a civil action in Federal Court for an agency's noncompliance with the requirements of Section 508.

How to proceed with the complaint process:

Build and document your case	Your name, address, telephone/TTY number and email address Name and address of the Federal agency A detailed description of the product or service that is inaccessible The date you became aware of the inaccessible product or service A detailed description of the inaccessible features or functions, including exactly what happens and does not happen Suggestions for improvement Assistive technology you use with this product or service, such as the name and version of your screen reading software
Contact the 508 Coordinator for the applicable agency and find out how to register a complaint	List of 508 Coordinators
Follow the agency's specific procedures	Under Section 508, each agency develops procedures for handling complaints.

If you are interested in learning more about Section 508 of the Rehab Act, check out these resources:

General Services Administration's Section 508 information site

The Access Board's technical assistance page

Department of Justice Section 508 home page

ITTATC's Section 508 information page

The text of the Rehabilitation Act

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"What should I do if I find that I can't use a telecommunications device or service?"

Telecommunications equipment and services have gone through a stage of very rapid development over the last few years. New devices and services, such as wireless phones and text pagers, have been developed. New technologies have also been applied to traditional tools, such as telephones, changing the way these devices interact with users and assistive technology.

Section 255 of the Communications Act requires companies that manufacture and provide telecommunications products and services to address the needs of people with disabilities at the time that they design, develop, and fabricate those products and services.

Summary of Section 255 that is relevant to inaccessible technology: Section 255 contains three primary components: accessibility, compatibility, and usability. First, the law requires companies to make their telecommunications products and services accessible to people with disabilities, if readily achievable. Where it is not readily achievable to provide access, Section 255 requires manufacturers and service providers to make their devices and services compatible with peripheral devices and specialized customer premises equipment that are commonly used by people with disabilities, if readily achievable. Examples of such devices are TTYs and assistive listening devices. Readily achievable is defined as easily accomplishable, without much difficulty or expense. Determinations of what is readily achievable are made by comparing the nature and cost of the accessible feature with the overall resources of the company. Section 255 also requires companies to make their products and services usable by providing product information, instructional manuals, and technical support to enable people with disabilities to effectively use those products and services.

When to use this procedure: You are a consumer who has encountered an inaccessible telecommunications device or service or an inaccessible interactive voice response (IVR) system or voice mail system. (IVR systems are phone systems that provide callers with menus of choices.)

Note: There is some overlap in the applicability of Section 255 and the Hearing Aid Compatibility (HAC) Act. The main difference between the two laws is that under Section 255 companies need to ensure that their products and services are accessible to hearing aid users only if it is readily achievable for them to do so. Under the HAC Act, the requirement to make wireline, cordless, and certain wireless telephones compatible with hearing aids is absolute, i.e., the mandates under this law are not subject to the readily achievable defense.

In addition, there are differences in the laws as they pertain to volume control and amplification. Often these words are used interchangeably, even though there are subtle differences in the meanings. For handsets that you put to your ear, volume control refers to amplifying the incoming speaker's voice. For this limited type of "amplification," where you want to increase the sound of the other party's voice though a volume control mechanism, you should follow the complaint procedure associated with the HAC Act. For other forms of amplification, such as amplifying the other party's voice on a speakerphone or making your own voice louder on the phone, you should pursue the Section 255 complaint procedure.

Products and services that are covered by Section 255:

Telecommunications equipment including, but not limited to, telephones (both wireless and cordless), fax machines, answering machines, and pagers

Telecommunications services including, but not limited to, regular telephone calls, call waiting, speed dialing, call forwarding, computer-provided directory assistance, call monitoring, caller identification, call tracing, and repeat dialing

Two types of information services: voice mail systems and interactive voice response (IVR) systems

Other "fine print":

Anyone can file a Section 255 complaint, i.e., you do not have to have a disability; you just need to have information about a product or service that you believe is inaccessible.

The Federal Communications Commission (FCC) is responsible for implementation of Section 255.

You are not required to contact the manufacturer or service provider before filing an informal complaint, but the FCC encourages consumers to do so.

There is no time limit for filing a complaint, but consumers should try to file a complaint shortly after they discover the access problem. There is a 2-year limit for complaints that seek damages from telephone companies.

Section 255 does not permit consumers to sue companies in the courts; to complain, you must file an informal or formal complaint with the FCC by following the process described below.

How to proceed with the complaint process:

Build and document your case

Your name, address, telephone/TTY number and email address
Name and address of the manufacturer or service provider
A detailed description of the equipment or service that is inaccessible, including company name, model number, type of service, etc.
The date you bought, acquired or used the equipment or service (or attempted to do so)
A detailed description of the inaccessible features or functions, including exactly what happens and does not happen. For example, "The Caller ID information only stays on the screen for a few seconds, which is not long enough for me to read it," or "The cordless phone only warns you that the battery is dead by beeping, and the beep is too high pitched and soft for me to hear it."
Suggestions for improvement, especially if such features exist on a competitor's product
Assistive technology you use with this product or service, such as the brand and model number of your hearing aid or voice prosthetic device

Tip: See the template for a letter of complaint to a business for an example of a format that may work for your situation.

Contact the customer service department, accessibility program manager or relevant senior management at the manufacturer or service provider and try to resolve the problem

Tip: If you do not know the name of the vendor that provides the telecommunications, contact the company that is using it to support its business and ask them to provide the vendor's name. You may find that the technology was purchased from a vendor or the company may have developed it themselves.

Document your interactions with the business

Dates of conversations, emails, letters or faxes
Person(s) with whom you interacted, including their contact information
Details of your conversations
Copies of emails, letters or faxes

If you cannot resolve the problem by working directly with the telecommunications company…

File an informal complaint with the FCC

Forward documentation of your case - including your interactions with the company - to the FCC using one of the following methods:

Online:	http://www.fcc.gov/cgb/complaints.html or http://www.afb.org/255complaint.asp (an accessible form by the American Foundation for the Blind)
Email:	fccinfo@fcc.gov
Mail:	Federal Communications Commission Consumer & Governmental Affairs Bureau Consumer Complaints 445 12th Street, SW Washington, DC 20554
Fax:	1-866-418-0232
Phone:	Voice: 1-888-225-5322 TTY: 1-888-835-5322 (Available Monday - Friday, 8 AM to 5:30 PM ET)
Tip: Filing an informal complaint is easy, and there is no need for legal counsel or formal testimony. (Even though it is called "informal," the FCC takes these types of complaints seriously and tries to resolve them on your behalf.) You may submit your complaint to the FCC by any reasonable method that best accommodates your disability.

After receiving the informal complaint, the FCC will forward it to the manufacturer or service provider, who has thirty days to attempt to resolve your concerns and respond to the FCC.

OR (instead of filing an informal complaint)...

File a formal complaint with the FCC

Certify that you have made a good faith effort to resolve the problem with the company (but you do not have to first file an informal complaint).
Submit detailed, factual and legal documents in support of your position.

Note: Formal complaints are usually prepared with the assistance of an attorney. These can involve lengthy pleadings, including affidavits and depositions. Typically, the formal complaint process involves a filing fee, but the FCC can waive fees if it would be in the public interest. You must apply to the FCC to obtain a waiver of these fees.

If you are interested in learning more about Section 255 of the Communications Act, check out these resources:

The FCC's Section 255 information page

The FCC's discussion on Disability Access Provisions in the Telecommunications Act

The FCC's information page on the Telecommunications Act of 1996

American Foundation for the Blind's information center on Section 255

ITTATC's Section 255 information page

The Access Board's Market Monitoring Report of accessible telecommunications

Gallaudet University's Technology Access Program

The Trace Center's information on Designing More Usable Telecommunications

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"There's a problem with the captioning on this show."

Television is an important conduit of information, whether it is journalistic, educational, cultural or social. The Federal government has mandated that every effort be made to make television programming accessible to people with disabilities. Closed captioning, which makes this possible, is required by Section 713 of the Communications Act.

When to use this procedure: You are a consumer who has encountered a television program that has poor captioning quality, drops off captions, or is a re-run that had captions the first time it was shown, but no longer has captions. Or you are a consumer who has knowledge of a television station or network that has not met the captioning schedule described below.

Products and services that are covered by Section 713:

Video program distributors, i.e., companies that distribute television programs to home viewers, including local broadcast television stations, local cable television operators, and satellite television services

Video program providers, including television program networks (e.g., ABC, NBC, Lifetime, A&E) and other companies that provide television programs

Other "fine print":

Anyone can file a Section 713 complaint, i.e., you do not have to have a disability; you just need to have information about a TV program, station, or network that you believe is not providing captioning as required.

The Federal Communications Commission (FCC) is responsible for implementation of Section 713.

The lack of captioning on a program is not automatic grounds for bringing a complaint. FCC rules contain a schedule by which video program distributors and providers must make their programs accessible through closed captioning. Approximately 75% of all new programming (defined as programming first published or shown on television after January 1, 1998) must have captions by 2004, while 100% of new programming must have captions by 2006. Seventy-five percent of older programming (programming first shown on television before January 1, 1998) must be captioned by 2008. Spanish language programming follows a different schedule: new programming must be captioned by 2010 and 75% of older programming must be captioned by 2012. You can find the detailed schedule at http://www.fcc.gov/cgb/consumerfacts/closedcaption.html.

There are some exemptions to the above requirements, for example, certain overnight programs between 2 a.m. and 6 a.m. and commercials.

Section 713 does not cover movie theaters.

Section 713 does not cover home, educational, and work-related videos for home, school, or business use.

How to proceed with the complaint process:

Build and document your case

Your name, address, telephone/TTY number and email address
Name and address of the programmer (e.g., News Channel 10) as well as the name and address of the distributor (e.g., ABC Cable Company) that showed the program. If you cannot get these addresses, just identify the station or network and city in which the program was shown.
The date and time of the program
A detailed description of how you believe the program violated the rules
If possible, a videotape of the program about which you are complaining

File an informal complaint with the FCC

Forward documentation of your case to the FCC using one of the following methods:

Online:	http://www.fcc.gov/cgb/complaints.html
Email:	fccinfo@fcc.gov
Mail:	Federal Communications Commission Consumer & Governmental Affairs Bureau Consumer Complaints 445 12th Street, SW Washington, DC 20554
Fax:	1-866-418-0232
Phone:	Voice: 1-888-225-5322 TTY: 1-888-835-5322 (Available Monday - Friday, 8 AM to 5:30 PM ET)

File a written complaint with the video program distributor before formally filing with the FCC

Before you file a formal complaint with the FCC, you must file a written complaint with the video program distributor no later than the end of the calendar quarter (e.g., April - June) after the calendar quarter (e.g., January - March) when you believe the violation occurred.

Specify the FCC rule that was violated (Part 79 of the Commission's rules) and include a description of the violation or some evidence (e.g., a tape of the television program) to show that the violation took place
Include the time, date and name of the program, and any other details about the problem that occurred
Videotape of the program (if available)

Note: The video distributor must respond within 45 days after the end of the calendar quarter in which the violation may have occurred or 45 days after receiving the complaint, whichever is later.

Collect copies of any responses you receive from the distributor

Dates of conversations, emails, letters or faxes
Person(s) with whom you interacted, including their contact information
Details of your conversations
Copies of emails, letters, or faxes

If you are not satisfied with the response from the video program distributor, or you do not receive a response at all…

File a formal complaint with the FCC

Forward documentation of your case - including your interactions with the distributor - to the FCC using one of the following methods:

Email:	mbinfo@fcc.gov
Mail:	Federal Communications Commission Media Bureau 445 12th Street, SW Washington, DC 20554
Fax:	202-418-1195
Phone:	Voice: 202-418-7096 TTY: 202-418-7172
Note: You must send a copy of your FCC formal complaint, including all supporting documentation, to the distributor. When you file your complaint with the FCC, you must certify that you have sent a copy of the complaint and supporting evidence to the distributor too. Your formal complaint with the FCC must be filed within 30 days after the time allotted for the distributor to respond to your complaint ended.

After you send your complaint to the FCC, the responsible party has 15 days within receiving the complaint to respond to the FCC and to send a copy of its response to you.

If you are interested in learning more about Section 713 of the Communications Act, check out these resources:

The FCC's fact sheet on Closed Captioning

The FCC's discussion on Disability Access Provisions in the Telecommunications Act

The FCC's information page on the Telecommunications Act of 1996

Gallaudet University's Technology Access Program information on captioning

National Association of the Deaf's Position Statement on Captioning

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ADA - Title I Employment 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:

A description of the equipment or service that is inaccessible
A detailed description of the inaccessible features or functions, including exactly what happens and does not happen
Suggestions for how your employer can remedy the problem

Document your interactions with the employer

Dates of conversations, emails, letters or faxes
Person(s) with whom you interacted, including their contact information
Details of your conversations
Copies of emails, letters or faxes

If you cannot resolve the problem by working directly with the employer…

Build and document your case

Your name, address, telephone/TTY number and email address
Name and address of the employer
A detailed description of the equipment or service that is inaccessible, including company name, model number, type of service, etc.
The date you used the equipment or service (or attempted to do so)
A detailed description of the inaccessible features or functions, including exactly what happens and does not happen
Suggestions for improvement

Contact a field office of the Equal Employment Opportunity Commission (EEOC)

For information and instructions on reaching your local office, call:

Voice:	1-800-669-4000
TTY:	1-800-669-6820
	In the Washington, D.C. area, call 202-663-4900 (voice) or 202-663-4494 (TTY)

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

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ADA - Title II State and Local Government Activities Complaint Procedure

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"What if I find that some state or local government programs are not accessible?"

Title II of the Americans with Disabilities Act requires that State and local governments give people with disabilities equal access to the programs, services and activities they sponsor.

Note: The main difference between Section 504 and Title II of the ADA is that one applies to the recipients of grants from the Federal government (Section 504) and the other applies only to state and local public entities (Title II). As an example, a school or college may be both a recipient of Federal funds from the U.S. Department of Education and also a public entity. In such cases, the institution is covered by both laws, and you should consider pursuing both complaint procedures.

Summary of this part of the ADA that is relevant to inaccessible technology: 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). Title II also requires that public safety answering points, such as 9-1-1 call centers, be capable of receiving and responding to calls made by TTY users.

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.

When to use this procedure: You are a person with a disability, and you believe that you have encountered discrimination by a state or local government because you could not access a program or activity for which you are eligible. In the context of this guide, examples of that discrimination could be an inability to use information kiosks or online forms or an inability to access web-based information delivered by a state or local government.

Products and services that are covered by Section ADA - Title II (Subtitle A):

All programs, services, and activities offered by state or local governments (e.g. public education, employment, transportation, recreation, health care, social services, courts, voting, and town meetings)

Where necessary to ensure that communications with individuals with hearing, vision, or speech impairments are as effective as communications with others, the public entity must provide appropriate auxiliary aids such as qualified interpreters, assistive listening headsets, television captioning and decoders, telecommunications devices for deaf persons (TDD's), videotext displays, readers, taped texts, Brailled materials, and large print materials.

Other "fine print":

Title II covers all activities of state and local governments regardless of the government entity's size or receipt of Federal funding.

Complaints of Title II violations may be filed with the Department of Justice (DOJ) within 180 days of the date of discrimination.

In certain situations, cases may be referred to a mediation program sponsored by the DOJ.

Title II may 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.

The DOJ may bring a lawsuit where it has investigated a matter and has been unable to resolve violations.

How to proceed with the complaint process:

Contact the person who manages the program, service, or activity and try to resolve the problem

Provide:

Date(s) of the discrimination
A description of the acts of discrimination, providing the name(s) where possible of the individuals who discriminated

Document your interactions with the state or local government

Dates of conversations, emails, letters or faxes
Person(s) with whom you interacted, including their contact information
Details of your conversations
Copies of emails, letters or faxes

If you cannot resolve the problem through the internal grievance procedure of the state or local government...

Build and document your case

Your name, address, telephone/TTY number and email address
Name, address, and phone number of the governmental department or program that you believe has discriminated
Date(s) of the discrimination
A description of the acts of discrimination, providing the name(s) where possible of the individuals who discriminated

Complete the Department of Justice's Title II complaint form

You can find a Title II complaint form at http://www.usdoj.gov/crt/ada/t2cmpfrm.htm or call:

Voice:	1-800-514-0301
TTY:	1-800-514-0383

Sign the form and mail it to the DOJ

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

Tip: If you wish your complaint to be considered for referral to the Department's ADA Mediation Program, please mark "Attention: Mediation" on the outside of the envelope.

If you are interested in learning more about the ADA, check out these resources:

The Department of Justice's Guide to Disability Rights Laws

The Department of Justice's Questions and Answers on the ADA

The Department of Justice's guide to Accessibility of State and Local Government Websites to People with Disabilities

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ADA - Title III Public Accommodations Complaint Procedure

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"Just because a company offers a service to the public at large, do they have to offer it to me?"

Certain services offered to the general public by private enterprises qualify as public accommodations. Title III of the Americans with Disabilities Act is intended to make sure that people with disabilities are able to access the same services as the rest of the community.

CAUTION: Title III of the ADA may have limited applicability to inaccessible Internet technologies and websites. You are strongly urged to consult with an attorney or your local Protection and Advocacy organization (www.napas.org) for specific legal advice before proceeding with an ADA-based complaint about inaccessible technology in court.

Summary of this part of the ADA that is relevant to inaccessible technology: 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.

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.

When to use this procedure: You are a person with a disability, and you believe that you have encountered discrimination because you cannot access a public accommodation or service operated by a private entity. In the context of this guide, that discrimination may involve an inability to use a business' or non-profit's technology, such as, a website for shopping, research, or entertainment; an information kiosk; or TTYs in certain places.

Products and services that are covered by Section ADA - Title III:

Technology used by private entities to support places of lodging, establishments serving food and drink, places of exhibition or entertainment, places of public gathering, sales or rental establishments, service establishments, stations used for specified public transportation, places of public display or collection, places of recreation, places of education, social service center establishments, and places of exercise or recreation

Technology used to support commercial facilities (such as warehouses, factories, and office buildings)

Technology used to support private transportation services

Technology used to support licensing and testing practices

Other "fine print":

Discrimination by air carriers in areas other than employment is not covered by the ADA but rather by the Air Carrier Access Act (49 U.S.C. 1374 (c))

Title III may 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.

The Department of Justice 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.

How to proceed with the complaint process:

Contact the person who manages the public accommodations and try to resolve the problem

Provide:

A description of the act or acts of discrimination, the date or dates of the discriminatory acts, and the name or names of the individuals who you believe discriminated
Any suggestions for remedying the alleged violations of ADA

Document your interactions with the business or non-profit that is providing the accommodations

Dates of conversations, emails, letters or faxes
Person(s) with whom you interacted, including their contact information
Details of your conversations
Copies of emails, letters or faxes

If you cannot resolve the problem directly with the business or non-profit service provider...

Build and document your case in a letter of complaint

Your full name, address, and telephone number, and the name of the person discriminated against
The name of the business, organization, or institution that you believe has discriminated
A description of the act or acts of discrimination, the date or dates of the discriminatory acts, and the name or names of the individuals who you believe discriminated

Gather additional information for the letter of complaint, if possible

Name or names of the individuals or entities who have an ownership and/or managerial interest in each facility or business that is the subject of your complaint, with phone numbers and addresses, including ZIP codes, if you have them
Information specifying whether the facility is owned and/or operated by a private entity or a state or local government
The nature of the activity or service provided by the business
Any suggestions for remedying the alleged violations of ADA
Information about whether you have filed a related complaint with a U.S. Attorney's Office, or any other Federal, state, or local agency, or any court, or whether you intend to file such a complaint.

Sign and mail the letter of complaint to the Department of Justice

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

Tip: In certain situations, cases may be referred to a mediation program sponsored by the Department.

Voice:	1-800-514-0301
TTY:	1-800-514-0383

If you are interested in learning more about the ADA, check out these resources:

The Department of Justice's Guide to Disability Rights Laws

The Department of Justice's Questions and Answers on the ADA

The Department of Justice's information page on How to File a Title III Complaint

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ADA - Title IV Telecom Relay Service Complaint Procedure

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"I'm deaf, and I want to be able to use telephone services. Don't I have a right to access?"

Telephones are important parts of everyday life. Title IV of the Americans with Disabilities Act requires telephone companies to provide services that facilitate telephone communications between people who have hearing or speech disabilities and people who may or may not.

Summary of this part of the ADA: Title IV requires common carriers (telephone companies) to provide interstate and intrastate telecommunications relay services (TRS) 24 hours a day, 7 days a week at no extra cost to callers. TRS enables callers with hearing or speech disabilities to communicate by phone with other individuals through a third party operator called a communications assistant. There are various types of relay services: text-to-speech services, which enable individuals who use TTYs, also known as telecommunications devices for the deaf (TDDs), to communicate with other people; speech-to-speech services, which enable people with speech disabilities to communicate by telephone through communication assistants that are specially trained to interpret difficult-to-understand speech; and video relay services, by which users of American Sign Language use video equipment to communicate with hearing people through remote sign language interpreters. Text-to-speech and speech-to-speech services are mandated. Video relay is not, but it is reimbursable. The FCC has set minimum standards to ensure high quality and confidential TRS services. Title IV also requires closed captioning of Federally funded public service announcements (PSAs).

When to use this procedure: You are a consumer, and you believe that a relay service has violated one of the FCC's minimum standards for relay operation. There are two parties (at least) to every relayed call. Either party - whether disabled or not - can file a complaint.

Note: In addition to Title IV of the ADA, a separate law called the Telecommunications Accessibility Enhancement Act (TAEA) requires the Federal government to provide relay services for calls to, from, and within the Federal government. The General Services Administration (GSA) is responsible for overseeing the day-to-day operation of the Federal relay. The TAEA also requires the GSA to maintain a Federal directory of TTY numbers and to publish TTY numbers in other phone directories developed by Federal agencies. Complaints about the Federal relay service should be directed to GSA. There is no specific complaint procedure, but individuals may bring complaints about the Federal relay system to the attention of GSA. For more information about the Federal relay sy