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 system, see www.fts.gsa.gov/frs.

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

Interstate and intrastate telecommunications relay services

Closed captioning of federally funded public service announcements

Other "fine print":

Under Title IV, all telephone companies must provide free relay services either directly or through state programs throughout the 50 states, the District of Columbia, Puerto Rico, and all of the U.S. territories. Relay users only pay what they would have paid were their relay calls made directly to their recipients.

Video relay services are not yet mandated, but providers who do offer these services must also meet the minimum standards established by the FCC for all relay providers.

Although the ADA does not specifically include enforcement or complaint provisions for closed captioning of PSAs, complaints about the failure of an agency to caption these announcements should be made to the agency that has failed to comply with this mandate.

How to proceed with the complaint process:

Contact your state's TRS provider and try to resolve the problem

Relay Service Providers

Document your interactions with the TRS

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 TRS provider...

Document the complaint

Your name and address
The name and address of the TRS provider against whom the complaint is made
A statement of facts supporting your allegation
The specific relief or remedy that you want
Your preferred format or method of response by the FCC and the TRS provider (such as letter, facsimile transmission, telephone (voice/TRS/TTY), Internet e-mail, or some other method that would best accommodate your hearing or speech disability)

Send the complaint to your state's point of contact

Forward documentation of your case - including your interactions with the TRS provider - to your state's point of contact:

TRS Points of Contact for Complaints

Note: The state has 180 days to resolve your complaint.

If your complaint is against a provider that offers interstate services only, go to the next step, which explains how to send an informal complaint to the FCC.

If the state fails to act on your complaint within 180 days, you are dissatisfied with the state's resolution, or your complaint is against a provider that offers interstate services only (including all video relay services)...

Send an informal complaint to the FCC

Forward documentation of your case - including your interactions with the TRS provider and the state - to the FCC using one of the following methods:

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)

If you are dissatisfied with the provider's response to the informal complaint or the FCC's decision to terminate the complaint...

File a formal complaint with the FCC

The information required for the informal and formal complaint processes are the same. The formal complaint, however, must be in writing and mailed to the FCC. In addition, you may need to obtain legal counsel when bringing a formal complaint.

The FCC will forward the complaint to the TRS provider named in the complaint. The TRS provider must satisfy or answer the complaint within the time specified by the FCC.

If you are interested in learning more about the ADA and TRS, 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

FCC's Information Links on TRS

FCC's Dial 7-1-1 for Telecommunications Relay Service

FCC's Regulations for the Provision of Telecommunications Relay Services, including Section (6) Complaints

The Federal Citizen Information Center's Consumer Action Website page on Disabilities

Gallaudet University's Technology Access Program

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Hearing Aid Compatibility (HAC) Act Complaint Procedure

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"My digital wireless phone does not work well with my hearing aid."

People who use hearing aids may find that they have trouble using certain telephones, or they may experience interference from the interactions between the two devices. The Hearing Aid Compatibility Act contains requirements for manufacturers to provide telephone models that are compatible with hearing aid technology.

When to use this procedure: You are a consumer who has encountered a wireline or cordless telephone that is not hearing aid compatible or does not have volume control. If the timeframe is after 2005 or 2006, you are a consumer who has encountered a digital wireless telephone that is not compatible with your hearing aid or cochlear implant.

Note: There is some overlap in the applicability of the Hearing Aid Compatibility (HAC) Act and Section 255 of the Communications 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 the Hearing Aid Compatibility Act:

Wireline telephones, including cordless telephones

Certain wireless telephones after 2005

Other "fine print":

Anyone can file a HAC Act complaint, i.e., you do not have to have a disability; you just need to have information about a telephone that you believe is not hearing aid compatible.

All wireline and cordless telephones must have volume control and internal parts that are compatible with hearing aids. Typically, this means that these telephones must have enough magnetic leakage to allow a hearing aid wearer to turn off the volume on the aid, and instead use the aid's telecoil to receive sound. In 2003, the FCC issued rules that phase in these HAC requirements to certain digital wireless telephones. In addition, the FCC rules phase in requirements for certain digital wireless phones to reduce interference caused by electromagnetic frequencies.

The FCC's rules require the following for each type of digital transmission (GSM, CDMA, TDMA, iDEN): (1) By 2005, digital manufacturers must make available at least 2 digital phones with reduced interference; (2) By 2005, nationwide digital carriers must make available either 2 telephones or 25% of the total number of models they offer with reduced interference; and (3) By 2006, digital manufacturers and carriers must provide at least 2 digital telephones with telecoil capability.

Under the HAC Act, the FCC does not require digital phones to have volume control, although most wireless telephones already provide this feature.

How to proceed with the complaint process:

Build and document your case

Your name, address, telephone/TTY number and email address
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
Suggestions for improvement, especially if such features exist on a competitor's product
Assistive technology you use with this product or service, such as whether you use a hearing aid or cochlear implant

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 telecom company and try to resolve the problem

Document your interactions with the telecom company

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...

AND you live in a state that has adopted the FCC's hearing aid compatibility rules...

File an informal complaint with your state's public utility commission (PUC)

Follow the complaint procedure provided by your state's PUC.
As of September 2003, three states have adopted the FCC's HAC rules: Illinois, Massachusetts, and Vermont.
States are supposed to try to resolve HAC complaints within 30 days.

Note: If a state that has adopted the FCC's HAC rules has failed to act on your complaint within 6 months, file an informal complaint with the FCC (see procedure below).

If you cannot resolve the problem by working directly with the telecommunications company AND you DO NOT live in a state that has adopted the FCC's hearing aid compatibility rules...

OR you cannot resolve the problem by working directly with the state's PUC...

Document your case

Your name, address, and telephone number
The name and address of the manufacturer or carrier against whom the complaint is made
Names and telephone numbers of the company representatives that you contacted, the dates that you spoke with these representatives, and any other information that would help process your complaint
A statement of facts showing how you believe the company violated the HAC Act and the FCC's implementing rules
What you want the company to do to provide you with accessibility

File an informal complaint with the FCC

Forward documentation of your case - including your interactions with the telecommunications company - 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

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

The FCC's Hearing Aid Compatibility Compliance for Telephone Equipment

The FCC's Consumer Alert on promoting accessibility of digital wireless phones

The Access Board's Market Monitoring Report (Section 255 guideline on hearing aid coupling)

Gallaudet University's Technology Access Program

The Trace Center's information on Designing More Usable Telecommunications

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Television Decoder Circuitry Act Complaint Procedure

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"My TV won't display captioning."

Captioning requirements for networks won't do any good if the television circuitry needed to decode them are not readily available. With the Television Decoder Circuitry Act, Congress has mandated that caption decoding capability be standard in a wide variety of television products.

When to use this procedure: You are a consumer who has encountered a television receiver that cannot decode or display closed captions.

Products and services that are covered by the Television Decoder Circuitry Act:

Television receivers, including analog and digital equipment and certain personal computers with TV cards or other internal TV circuitry

Other "fine print":

Anyone can file a TV Decoder Act complaint, i.e., you do not have to have a disability; you just need to have information about a TV that you believe cannot decode or display closed captions.

The Television Decoder Circuitry Act of 1990 requires televisions with screens 13 inches or greater to contain built-in circuitry that receives and decodes closed captions.

FCC rules have extended this requirement to digital television (DTV) receivers. Because typically DTV receivers are used with screens that have a more rectangular shape, the digital rules apply to screens that are 7.8 inches or larger vertically. In addition, all DTV tuners sold separately in the United States must have internal decoder capability.

Digital TV receivers must allow consumers to control the print font and size, as well as the foreground and background color of the captions. Digital receivers also must be capable of decoding and displaying up to 6 streams of captions.

Converter boxes used to display digital programs on analog receivers must deliver the analog captioned information to the analog receiver.

Personal computers with TV cards must also contain internal circuitry to decode and display captions if those computers are sold with screens that are at least 13 inches.

On occasion, television models have been built which turn off sound when captions are turned on. This impedes the ability of deaf and hearing people to watch television together. When this problem has been brought to the attention of the manufacturer, it has been corrected.

Many TVs activate captions automatically when you press the mute button, but the procedure will vary by manufacturer and model. Be sure to read the television's directions thoroughly before proceeding with a complaint.

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 television manufacturer
A detailed description of the television or personal computer, including company name, brand and model of the receiver that does not display captions properly
The date you bought, acquired or used the equipment or service (or attempted to do so)

Contact the customer service department or relevant senior management at the TV manufacturer and try to resolve the problem

Google Search Engine (to look for the company)

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 television manufacturer...

File an informal complaint with the FCC

Forward documentation of your case - including your interactions with the manufacturer - 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

If you are interested in learning more about the Television Decoder Circuitry Act, check out these resources:

Text of the Television Decoder Circuitry Act of 1990

The FCC's fact sheet on Closed Captioning

The FCC's news release dated July 21, 2000 concerning Technical Standards for Display of Closed Captioning on Digital Television Receivers

The Access Board's Guide to Section 508 Standards: Video and Multimedia Products (which references the Television Decoder Circuitry Act)

Gallaudet University's Technology Access Program information on captioning

National Association of the Deaf's Position Statement on Captioning

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television showing a woman reading the news

Televised Emergency Programming Complaint Procedure

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"How can I be sure that televised emergency broadcasts will be accessible to me?"

During a civil emergency it is particularly important that information be provided to all citizens in a timely manner. The FCC requires that all emergency programming be accessible to people with visual and/or hearing disabilities.

When to use this procedure: You are a consumer who has encountered a television program about an emergency that is not accessible to people with visual or hearing disabilities.

Products and services that are covered by the Televised Emergency Programming rules:

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 Televised Emergency Programming complaint, i.e., you do not have to have a disability; you just need to have information about a televised emergency that was not accessible to people with visual or hearing disabilities.

FCC rules require television-programming distributors to make televised emergency programming accessible to people who are deaf, hard of hearing, blind or have vision disabilities. Emergency programming includes any programming intended to further the protection of life, health, safety, or property.

For individuals with hearing disabilities, information may be provided through captions, scrolls across the screen or another method of visual presentation. For people with vision disabilities, the information must include video descriptions so long as the emergency information is being provided during a regularly scheduled newscast or a newscast that interrupts regular programming.

FCC rules requiring emergency access on televised programming cover a variety of emergency situations, including those involving hazardous weather conditions, dangerous community occurrences, civil disorders, and school closings.

Accessible information must include critical details about the emergency and how to respond to that emergency, e.g., evacuation routes and shelter locations.

If the emergency information is provided by a means other than closed captioning, that other means cannot block the captions; in addition, closed captions may not block emergency information if the latter is not provided through captions.

Unlike the closed captioning rules for general television programming, there are no exceptions for certain programs or networks or a phase in period for these televised emergency rules. The rules are fully effective at all times.

How to proceed with the complaint process:

Build and document your case

Your name, address, telephone/TTY number and email address
NName 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) who showed the program
The date and time that the emergency information was not accessible
The type of emergency
If you know it, the type of information not provided in an accessible format
If possible, a videotape of the televised emergency

Contact the customer service department or relevant senior management at the TV program distributor or TV station and try to resolve the problem

Google Search Engine (to look for the company)

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 television programming distributor or television station...

File an informal complaint with the FCC

Forward documentation of your case - including your interactions with the programming distributor - 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

The FCC will notify the video programming distributor of the complaint, and the distributor must respond to the complaint within 30 days.

If you are interested in learning more about the FCC's televised emergency access rules and other captioning matters, check out these resources:

The FCC's fact sheet on Closed Captioning

The FCC's fact sheet on Accessibility of Emergency Video Programming to Persons with Hearing and Visual Disabilities

Gallaudet University's Technology Access Program information on captioning

National Association of the Deaf's Position Statement on Captioning

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Scenarios and Sample Letters of Complaint

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"Do you have some examples?"

Sometimes it is helpful to see examples of "good" letters of complaint to help you get past writer's block. Review the following fictional scenarios to see how several specific situations could be pursued.

This section contains descriptions of several scenarios involving people with disabilities who are trying to use various kinds of technology. After each situation is described, the decision logic for "which complaint procedure applies to me" is used to identify the relevant laws. Then a sample letter is provided, along with some letter writing tips, which highlight the points that should be made in a letter of complaint.

Specifically, the following four scenarios are addressed:

Select the situation of interest to see the details of the scenario as well as the sample letter of complaint.

Note: For more assistance in your letter writing process, check out the three different fill-in-the-blank templates in the section called Templates for Letters of Complaint.

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The Scenario:
An Inaccessible Federal Website

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A description of the scenario:

A retiree with vision loss and hand tremors
Wants to access information that is posted to a Federal agency's website
The website was developed by a consultant who was hired to start work August 16, 2001 (Hint: The Federal agency "purchased" a consultant to develop the website after Section 508's effective date of June 21, 2001.)

Which complaint procedures apply to this scenario?¹

Does the problem involve...

Telecommunications? No.
Job-related Technology? No.
Technology used in a government-funded program or activity? Yes!
Technology provided by or used to access private businesses? No.
Televised information? No.

¹ The decision logic used in this scenario is based on the approach described in the section called, Which Complaint Procedure Applies to You.

Our choices related to government-funded programs or activities include:

ADA Title II (state or local government)? Not applicable.
ADA Title II (public transit)? Not applicable.
Section 504? Yes, if the website is produced by a Federal executive agency.
Section 508? Yes!

The general principle when more than one law seems to apply:

When you have a general law (e.g., Section 504) and a more specific law (e.g., Section 508) covering the same issue, it is generally better to use the complaint procedure for the more specific (and often stronger) statute.

Sample Letter of Complaint for
An Inaccessible Federal Website

Your Street Address
Your City, State, Zip Code
January 28, 2004

Some Federal Agency
Public Communication Division
123 G Street, NW
Washington, D.C. 20520

To whom it may concern:

Re: Travel advisories posted to www.fedsite.gov

On several occasions over the past year, I have tried to access the travel advisory information that is posted on the www.fedsite.gov website. Unfortunately, as a retiree who is starting to feel the effects of aging (i.e., some vision loss and hand tremors), I have found that your website is not very accessible to me. I am interested in working with you to make it more accessible to senior citizens such as myself so all people can enjoy the convenience of web-based travel advisories.

Letter writing tips:

In this introductory section, introduce yourself as a member of the public and state the accessibility problem and your willingness to work with the Federal agency.

There are a couple of buttons on the web page that are identified only through the use of color, i.e., "Click the green button to search," but given my low level of vision, I am not able to easily discern where the applicable buttons are located. In addition, because of my vision loss, I can only read information on web pages that is in a large font with good contrast. The fonts and color choices that are used on your web page make it very difficult for me to read the posted information. A friend helped me setup my own style sheet that specifies how I prefer to view web pages, i.e., in an extra large font with white characters on a black background, but your website is setup to override my style sheet.

Letter writing tips:

In this section of the letter, describe how your functional limitation affects your ability to use the system, and describe what happens and what does not happen. Back to the letter...

Because I cannot use the travel advisory website, I must call your office to learn about the warnings and other updates that apply to my travel destination. This phone call is long-distance for me, and many times I have been placed on hold for 10 - 15 minutes before I reach a representative. If I could use the web-based travel advisory page, I could learn this important information in a few minutes and save myself time and long-distance phone charges.

Letter writing tips:

Describe the personal hardship that results from your inability to use the technology.

To resolve the problem, I would appreciate some modifications to the www.fedsite.gov website. The buttons that are identified only by color should also include text that describes their purpose. For instance, the green button that is used to start the search function could be labeled with the word "Start" or "Go" so I have another way to locate the appropriate button. In addition, your web developers should make whatever changes are necessary so their web page specifications do not interfere with my style sheet settings.

Letter writing tips:

Suggest some solutions to the accessibility problem.

Section 508 of the Rehabilitation Act requires Federal agencies to procure, develop, maintain, and use electronic and information technology that adheres to certain accessibility standards. The purpose of the law is to ensure that members of the public with disabilities have access to the same information and technologies as members of the public without disabilities. It is my understanding that your agency hired a consultant to develop the travel advisory web page in August of 2001, which means that the law is enforceable via the complaint procedure. In addition, Section 504 of the same act states that people with disabilities may not be denied the benefits of a program or activity that is conducted by any Federal executive agency. This law also requires that your website be accessible to me and other people with disabilities.

Letter writing tips:

List the laws that may be violated, if you know them.

Please contact me at the above address or by phone at 555-555-6789 (home) to discuss this issue. I would appreciate a reply by March 1, 2004. I look forward to working with you on a resolution to my accessibility problem.

Sincerely,

Webster Jones

Letter writing tips:

Tell them the best way to contact you, and propose a deadline for their response. And now, finishing off the letter...

cc: Jane Smith
     Information Technology Division Chief
     Some Federal Agency
     123 G Street, NW
     Washington, D.C. 20520

     John Johnson
     Procurement Executive
     Some Federal Agency
     123 G Street, NW
     Washington, D.C. 20520

Letter writing tips:

At the end of the letter, copy the appropriate senior management. Managers of the technology and procurement departments are particularly relevant.

Final tip for this scenario:

If you cannot resolve this problem by working with the Federal agency...

You can bring a Section 508 complaint with the applicable federal agency
You can bring a civil action in Federal Court for an agency's noncompliance.

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The Scenario:
A Cordless Phone that
Interferes with a Hearing Aid

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A description of the scenario:

Man who is hard of hearing
He wears a hearing aid with a telecoil
He purchased a cordless phone that interferes with his hearing aid

Which complaint procedures apply to this scenario?¹

Does the problem involve...

Telecommunications? Yes!
Job-related Technology? No.
Technology used in a government-funded program or activity? No.
Technology provided by² or used to access private businesses? No.
Televised information? No.

¹The decision logic used in this scenario is based on the approach described in the section called, Which Complaint Procedure Applies to You.
²The phrase "technology provided by a private business" covers technology that is used to support the business, e.g., a retail website or an information kiosk in a store, not the technology that is sold by the business.

Our choices related to telecommunications include:

ADA Title IV? Does not involve telecommunications relay service (TRS).
Section 508? Does not involve the Federal Government.
Section 255? Yes, but...
The HAC Act? Bingo!

The general principle when more than one law seems to apply:

When you have a general law (e.g., Section 255) and a more specific law (e.g., the HAC Act) covering the same issue, it is generally better to use the complaint procedure for the more specific (and often stronger) statute.
Section 255 is subject to the readily achievable defense, while the mandates under the HAC Act are absolute.

Sample Letter of Complaint for
A Cordless Phone that Interferes with a Hearing Aid

Your Street Address
Your City, State, Zip Code
January 28, 2004

Phonecorp Customer Service Center
987 Telecom Way
Carrier, NY 12345-3456

To whom it may concern:

On January 15th, 2004, I purchased a Phonecorp model 1357D cordless phone from Big Box electronics store. Unfortunately, I have found that it is not accessible to me because it interferes with my hearing aid. I am interested in working with you to make it more accessible to people who wear hearing aids so we can enjoy the convenience of using your cordless telephone.

Letter writing tips:

In this introductory section of the letter, introduce yourself as a customer, and state the accessibility problem and your willingness to work with the company.

I use hearing aid model 123XY from the Opti-Hearing Company. Upon the recommendation of my audiologist, I made sure to buy a hearing aid with a telecoil when I was fitted for the device two years ago. Over the past two years, I have used a competitor's cordless phone, and I had no problems with interference. Now, when I use the Phonecorp cordless phone, I am unable to hear the party I am trying to speak to because of a loud background tapping noise. I have determined that the interference is caused by the phone and not by other sources of electromagnetic interference because the interference disappears when I turn off and disconnect the phone.

The Hearing Aid Compatibility Act requires all wireline and cordless telephones manufactured or imported for use in the United States to be compatible with hearing aids. In addition, Section 255 of the Communications Act requires manufacturers and providers of telecommunications equipment and services to make their technology accessible to and usable by people with disabilities, if readily achievable. Both of these laws apply to this situation. If you cannot make your cordless phone compatible with my hearing aid, I will request a refund and I will purchase another manufacturer's product. In addition, I will report the incompatibility to the Federal Communication Commission.

Letter writing tips:

List the laws that may be violated, if you know them.

Letter writing tips:

Tell them the best way to contact you, and propose a deadline for their response. Back to the letter...

cc: Jane Smith
     Director of Product Development
     Phonecorp
     987 Telecom Way
     Carrier, NY 12345-3456

     John Johnson
     Chairman & CEO, Consumer Products
     Phonecorp
     987 Telecom Way
     Carrier, NY 12345-3456

Letter writing tips:

At the end of the letter, copy the appropriate senior management. Managers of the product development and consumer departments are particularly relevant.

Final tip for this scenario:

If you cannot resolve this problem by working with the company...

File an informal (or formal) complaint with the FCC

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The Scenario:
An Inaccessible Copier at a County Library

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A description of the scenario:

Person who uses a wheelchair
Wants to use county library's copier to copy pages in books and magazines
Copier is too high for use by a seated person
Control panel is difficult to read from a seated position

Which complaint procedures apply to this scenario?¹

Does the problem involve...

Telecommunications? No.
Job-related Technology? No.
Technology used in a government-funded program or activity? Yes!
Technology provided by or used to access private businesses? No.
Televised information? No.

¹The decision logic used in this scenario is based on the approach described in the section called, Which Complaint Procedure Applies to You.

Our choices related to government-funded program or activity include:

ADA Title II (public transit)? Not applicable.
Section 508? Does not involve the Federal Government.
Section 504? Only if the County library receives Federal financial assistance.
ADA Title II (state or local government)? Bingo!

Sample Letter of Complaint for
An Inaccessible Copier at a County Library

Your Street Address
Your City, State, Zip Code
January 28, 2004

Some County Public Library System
Director, Library Department
123 Main Street, SE
Pleasantville, OH 45678

To whom it may concern:

Re: Copiers at Central Branch of County Public Library System

On January 25th, 2004, I tried to use the copiers that are located at the central branch of the county library. Unfortunately, as a person who uses a wheelchair, I cannot use the copiers because they are too high and their control screens are too difficult to read from where I sit. I am interested in working with you to make them more accessible (or to find new copiers that are accessible) so people with lower mobility impairments can enjoy the use of the copiers at all branches of the county library system.

Letter writing tips:

In this introductory section of the letter, introduce yourself as a member of the public, and state the accessibility problem and your willingness to work with the County government.

Specifically, I find it difficult to place and retrieve documents on the glass surface of the copier because the surface is located above the height of my shoulder. When I do manage to place the book on the copier, it often is not centered exactly right. I also have difficulty reaching and lowering the document cover. In addition, the screen that controls the number of copies and the types of paper is an LCD screen, which is impossible to read from my angle of sight. Typically, with this type of screen, the user must view it from directly overhead so the letters and numbers are legible.

Because I cannot use the copiers, I have to do one of the following to record the information I need: (1) make handwritten notes (or type the information into my laptop computer), or (2) ask the librarian or another patron of the library to make copies for me. When I conduct research, I often need to return to the copier several times during the course of one visit to the library. Having to continually request assistance from employees who have other tasks or library patrons who have their own work is both difficult and demeaning. Although I want to be able to complete my research independently, I am unable to do so because of the limitations presented by your copiers. Not being able to use the copier on my own severely limits my ability to use the information that is found in reference books and journals since these resources cannot leave the library.

Letter writing tips:

Describe the personal hardship that results from your inability to use the technology.

There are ways to make your copiers more accessible to me and other people who use wheelchairs. For instance, some copiers can be controlled by a PC that is attached to the copier. When the PC is located near the copier on a table at a suitable height, a user in a wheelchair can select the desired options, e.g., the number of copies and the type of paper, that are usually accessed through the standard (but inaccessible) control panel. There are also document feeders that operate in a similar fashion, i.e., through a separate component that provides the desired functionality of capturing the document image, but which can be located and operated at a lower height.

Letter writing tips:

Suggest some solutions to the accessibility problem.

When the library replaces the existing copiers, accessibility features should be a mandatory part of the procurement specifications, and, when possible, fully accessible copiers should be purchased from the start. I am ready and willing to work with the County to help you find a solution to the immediate problem - and to help you define accessibility requirements for future purchases of copiers. (I also can help you assess the accessibility of different copiers during the proposal evaluation phase of the procurement.)

Letter writing tips:

Offer to help the government department to define accessibility requirements and to test technology that is being considered for purchase, if you can.

Title II of the ADA requires state and local governments to give people with disabilities an equal opportunity to benefit from all of their programs, services, and activities. State and local governments are required to undertake methods that result in making their services, programs, and activities readily accessible and usable by people with disabilities unless doing so would result in an undue burden to the government or a fundamental alteration to the program. One way that a public entity may comply with Title II is by redesigning equipment to make it accessible to people with disabilities. In this case, making your copiers accessible to people with disabilities would not result in an undue burden or a fundamental alteration of the library service.

In addition, Section 504 of the Rehabilitation Act states that people with disabilities will not be denied the benefits of a program or activity that receives Federal financial assistance. If the County library receives any Federal financial assistance, Section 504 also would apply to this situation.

Letter writing tips:

List the laws that may be violated, if you know them.

Letter writing tips:

Tell them the best way to contact you, and propose a deadline for their response.

cc: Jane Smith
     Director of Information Technology
     Some County Government
     123 Main Street, SE
     Pleasantville, OH 45678

     John Johnson
     Director of Procurement Services
     Some County Government
     123 Main Street, SE
     Pleasantville, OH 45678

Letter writing tips:

At the end of the letter, copy the appropriate senior management. Managers of the technology and procurement departments are particularly relevant.

Final tip for this scenario:

If you cannot resolve this problem by working with the County government...

You can file a Title II complaint with the U.S. Department of Education or the U.S. Department of Justice (DOJ)
- Public entities that have 50 or more people are supposed to adopt a grievance procedure and designate an employee to carry out Title II responsibilities
- DOJ has delegated the handling of different kinds of ADA complaints to different federal agencies. The Department of Education handles library complaints, but you can also file with DOJ, which will then refer the complaint to the appropriate agency
You also can file a private lawsuit in Federal court

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The Scenario:
An Inaccessible Telephone
Banking System

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A description of the scenario:

Woman who is hard of hearing and has severe arthritis
Wants to use her telephone banking system to process account transactions and inquire on her credit card
Must go through complicated interactive response, telephone menu system and enter 18-digit number to access her account
There is limited time to receive and respond to voice menu prompts
No easy way to bypass the automated prompts

Which complaint procedures apply to this scenario?¹

Does the problem involve...

Telecommunications? Yes!
Job-related Technology? No.
Technology used in a government-funded program or activity? No.
Technology provided by or used to access private businesses? Yes!
Televised information? No.

The decision logic used in this scenario is based on the approach described in the section called, Which Complaint Procedure Applies to You.

Our choices related to telecommunications include:

HAC Act? No hearing aid involved.
Title IV? Does not involve Telecommunications Relay Service (TRS).
Section 508? Does not involve the Federal government.
Section 255? Maybe if you can figure out the name of the manufacturer or service provider that provides the system to the bank.

Our choices related to private businesses include:

Title III? Bingo!

Sample Letter of Complaint for
An Inaccessible Telephone Banking System

Your Street Address
Your City, State, Zip Code
January 28, 2004

Bankcorp Customer Service Center
100 Corporate Drive
Palmdale, CA 12345-3456

To whom it may concern:

Re: Account number 1234-5678-9012-3456-78

I have been a customer of Bankcorp for 10 years. On many recent occasions, I have tried to use your telephone banking system using the 1-800-555-1234 phone number. While this system may be very convenient to many of your customers, as someone who is hard of hearing and has severe arthritis, the telephone-based service is not very accessible to me. I am interested in working with you to make it more accessible to people with disabilities so they can enjoy the convenience of telephone banking too.

Letter writing tips:

In this introductory section of the letter, introduce yourself as a member of the public, and state the accessibility problem and your willingness to work with the company

Because I am hard of hearing, it is difficult for me to hear long automated messages that are fast. In order to understand the various messages and prompts that your telephone banking system provides, I am often forced to call the system multiple times for a single transaction. In addition, as I have aged, my arthritis has worsened, making it very difficult for me to enter long series of numbers on telephone keypads. The telephone banking system asks me to enter an 18-digit code in order to access my account (and it limits the amount of time I have to enter the 18-digits), so typically I am not able to quickly and accurately enter the code as required by the system. When the time limit expires, I am prompted to enter the code again, starting from the first number because none of my previous entries are remembered.

Letter writing tips:

In this section of the letter, describe how your functional limitation affects your ability to use the system, and describe what happens and what does not happen.

Because I cannot use the telephone banking system I am forced to visit my local bank branch to conduct nearly all of my account transactions. These transactions include transferring money between accounts, checking my current balances, and clarifying details on my bank statement. I must use public transportation to reach the local branch, and because of the infrequent scheduling of stops, each time I visit the bank I must set aside 3 hours to allow for travel to and from the location. If I could use the telephone banking system, these types of transactions could be completed in minutes.

Letter writing tips:

Describe the personal hardship that results from your inability to use the technology.

There are many ways you can make your telephone banking system accessible to me and other people with disabilities. At the start of the call, the system should allow the customer to exit out of the standard menu-based system in a quick and easy manner. For instance, if I could press one key and be redirected to a live person who would address my inquiries, then I would no longer be locked out of the telephone-based system. Other options may be to program the system so that it understands selections that are spoken by the customer, or to allow customers to press a key that would provide more time to respond to the prompts.

Letter writing tips:

Suggest some solutions to the accessibility problem.

There are two laws that require you to provide access to your telephone systems. First, Title III of the Americans with Disabilities Act requires banks and other places of public accommodation to make their services accessible to people with disabilities. More specifically, these private businesses must provide reasonable modifications to their services unless doing so would result in an undue burden to the businesses or a fundamental alteration of those services. Because there are technological and other solutions for making your automated answering systems accessible, doing so would result in neither an undue burden for your bank nor a fundamental alteration of these services.

Second, Section 255 of the Communications Act requires manufacturers and providers of telecommunications equipment and services to make their technology accessible to and usable by people with disabilities, if readily achievable. If Bankcorp developed this system, the law applies directly to your company. If Bankcorp bought the system from a technology vendor, then I would like to pursue resolution of this matter with the vendor, and I would appreciate knowing the appropriate contact information.

Letter writing tips:

List the laws that may be violated, if you know them. Also, try to determine which company developed the technology.

Letter writing tips:

Tell them the best way to contact you, and propose a deadline for their response.

cc: Jane Smith
     Chief Operations and Technology Officer
     Bankcorp
     123 Wall Street
     New York, New York 10043

     John Johnson
     Chairman & CEO, Consumer Services
     Bankcorp
     123 Wall Street
     New York, New York 10043

Letter writing tips:

At the end of the letter, copy the appropriate senior management. Managers of the technology and consumer departments are particularly relevant.

Final tip for this scenario:

If you cannot resolve this problem by working with the bank...

File an ADA: Title III complaint with the U.S. Department of Justice against the bank
If you can find out who manufactured the automated telephone system, file a Communications Act: Section 255 informal (or formal) complaint with the FCC against the manufacturer or service provider

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Templates for Letters of Complaint

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"But what do I say?"

When you are frustrated by an inaccessible product or service (and faced with a blank sheet of paper), it can be difficult to figure out what to say in a letter of complaint. Use the following templates as guides to help you articulate the problems you have encountered and your expectations for resolution.

This section contains templates for letters of complaint about inaccessible information or telecommunication technology. They address three different situations:

Technology that is provided by a business
Technology that supports employment-related activities
Technology that is provided by a governmental agency

Select the template that most closely applies to your situation and then use it as a framework for describing your accessibility problem. Feel free to modify the template language and structure as needed to suit your own writing style.

Letter of Complaint to a Business

Letter of Complaint about Employment-related Activities

Letter of Complaint to a Governmental Agency

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Template for Letter of Complaint
About Inaccessible Information or Telecommunication Technology
Provided by a Business

Your Address
Your City, State, Zip Code

Date

Name of Contact Person, if available
Title, if available
Company Name
Consumer Complaint Division (if you have no specific contact)
Street Address
City, State, Zip Code

Dear (Contact Person):

Re: (account number, if applicable)

On (date), I (bought, leased, rented, or tried to use) a (name of the product, with serial / model number, or name of the service) at (name of store, location, date and other important details of the transaction).

Unfortunately, your product (or service) is not accessible to me. (If you wish, include a short statement about your disability, focusing on difficulties you have with products rather than a medical diagnosis.) I am disappointed because I cannot use (name the feature or function causing the problem) because (describe what happens or does not happen). Because your product (or service) is inaccessible, I cannot (describe how the product's inaccessibility affects your ability to work, to participate in the community, or to contribute to family life).

To resolve the problem, I would appreciate your (state the specific action you want - money back, charge card credit, repair or modification, exchange, etc.) Enclosed are copies (do not send originals) of my records (include receipts, guarantees, warranties, canceled checks, contracts, model and serial numbers, and any other documents).

[If applicable...] Certain laws and regulations require products like yours to be accessible to and usable by people with disabilities. (If you know them, list the laws that may be violated.) I will wait until (set a time limit) before seeking additional help from a disability rights / protection and advocacy organization.

Please contact me at the above address or by phone at (home and/or office numbers with area code). I look forward to your reply and to a resolution to my accessibility problem.

Sincerely,

Your name

Enclosure(s)

Note: If you are interested in learning more about complaining to a business, check out these resources:

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Template for Letter of Complaint
About Inaccessible Information or Telecommunication Technology
That Supports Employment-related Activities

Your Address
Your City, State, Zip Code

Date

Name of Your Manager (or other relevant manager)
Title
Company Name
Street Address
City, State, Zip Code

Dear (Manager):

Re: Use of inaccessible employment-related technology

As we have discussed at previous meetings, I am unable to use (name the organization's product or service that is inaccessible) to (describe the "essential functions" of your job that you cannot perform or the specific benefits of employment that you cannot access, e.g., lookup policies and procedures on a web-based intranet; use the menu-based phone system to contact others within the company; process transactions in the accounts receivable software application; access online training courses; etc.)

(If you wish, include a short statement about your disability, focusing on difficulties you have with products rather than a medical diagnosis.) I am having difficulties with the technology because I cannot use (name the feature or function causing the problem) because (describe what happens or does not happen). Because the technology is inaccessible, I cannot (describe how the product's inaccessibility affects your ability to work or to enjoy equal benefits and privileges of employment as those enjoyed by employees without disabilities).

To resolve the problem, I would appreciate your (state the specific action you want - modification or replacement of the technology, use of assistive technology, implementation of an accommodation, etc.).

[If applicable...] Certain laws and regulations require employment-related technology to be accessible to and usable by people with disabilities. (If you know them, list the laws that may be violated.) I will wait until (set a time limit) before seeking additional help from a disability rights / protection and advocacy organization.

Please contact me at the above address or by phone at (home and/or office numbers with area code) if you need additional information. I look forward to working with you to find a resolution to my accessibility problem.

Sincerely,

Your name

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Template for Letter of Complaint
About Inaccessible Information or Telecommunication Technology
Provided by a Governmental Agency

Your Address
Your City, State, Zip Code

Date

Name of Contact Person, if available
Title, if available
Government Agency or Department Name
Street Address
City, State, Zip Code

Dear (Contact Person):

Re: Use of inaccessible technology

On (date), I tried to use the (name the agency's program, service, or activity that is inaccessible) at (location, date and other important details of the program, service, or activity).

Unfortunately, your (name the program, service, or activity) is not accessible to me. (If you wish, include a short statement about your disability, focusing on difficulties you have with products rather than a medical diagnosis.) I am disappointed because I cannot use (name the feature or function causing the problem) because (describe what happens or does not happen). Because your (name the program, service, or activity) is inaccessible, I cannot (describe how the product's inaccessibility affects your ability to work, to participate in the community, or to contribute to family life).

To resolve the problem, I would appreciate your (state the specific action you want - modification or replacement of the technology, use of assistive technology, implementation of an accommodation, etc.)

[If applicable...] Certain laws and regulations require government-related technology to be accessible to and usable by people with disabilities. (If you know them, list the laws that may be violated.) I will wait until (set a time limit) before seeking additional help from a disability rights / protection and advocacy organization.

Please contact me if you need additional information. I look forward to working with you to find a resolution to my accessibility problem.

Sincerely,

Your name

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Where to Go for Legal Information and Help

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"Where can I get the legal expertise I need if I have to prove that certain changes are required by law?"

In some cases, goodwill and customer service may not be enough to convince companies and organizations to make their products and services accessible, especially if the needed changes are seen as expensive or useful only to a small group of people. In these instances, you may need to contact legal experts who can help you navigate the steps you need to follow to successfully attain accessible equipment and services. This chapter provides general information on where you can go to find legal assistance.

If you need an attorney to advise or represent you, ask friends and family for recommendations. You can also contact the Lawyer Referral Service of your state, county, or city bar association listed in the telephone directory.

In addition, some disability advocacy and service organizations provide legal assistance to people with disabilities. Following is a partial list of disability-related legal resources that may be able to help you:

The National Association of Protection and Advocacy Systems, Inc. (NAPAS)	A voluntary national membership association of the Protection and Advocacy (P&As) Systems and Client Assistance Programs (CAPs) that assumes leadership in promoting and strengthening the role and performance of its members in providing quality legally based advocacy services. The P&As and CAPs comprise the nationwide network of congressionally mandated, legally-based disability rights agencies.	900 Second Street, NE Suite 211 Washington, D.C. 20002 Phone: 202-408-9514 Fax: 202-408-9520 info@napas.org http://www.napas.org Click "About P&As / CAPS" to access a link to your state's office
Disability and Business Technical Assistance Centers (DBTACs)	The National Institute on Disability and Rehabilitation Research (NIDRR) has established ten regional centers to provide information, training, and technical assistance to employers, people with disabilities, and other entities with responsibilities under the ADA. The Centers act as a "one-stop" central, comprehensive resource on ADA issues in employment, public services, public accommodations, and communications. In addition to ADA services, the Centers assist individuals and entities in better understanding related disability legislation that may impact their rights or responsibilities.	Voice/TTY: 800-949-4232 Click here to visit this resource.
Disability Rights Education and Defense Fund (DREDF)	A national law and policy center in disability civil rights that offers education, training and technical assistance to persons with disabilities, parents of children with disabilities, lawyers, service providers and policy makers about disability civil rights laws and policies. DREDF represents clients, serves as co-counsel, and files amicus briefs in the appellate courts and the U.S. Supreme Court.	2212 Sixth Street Berkeley, CA 94710 Voice/TTY: 510-644-2555 Fax: 510-841-8645 dredf@dredf.org http://www.dredf.org
National Association of the Deaf (NAD) Law Center	The NAD Law Center reviews hundreds of cases involving problems with employment, education, receipt of social services, access to commercial and non-profit services, technology, court and police procedures. Law Center attorneys advise and assist deaf people with legal problems involving deafness, and provide technical assistance to lawyers who represent deaf clients.	814 Thayer Avenue Silver Spring, MD 20910-4500 Voice: 301-587-1788 TTY: 301-587-1789 Fax: 301-587-1791 NADinfo@nad.org http://www.nad.org
Arizona Center for Disability Law	The Center receives specific Federal protection and advocacy funding to assist people with certain kinds of disabilities, such as developmental disabilities or serious mental illness. The Center serves individuals whose disability is the reason for discrimination, abuse or neglect, or failure to provide needed services.	100 North Stone Ave. Suite 305 Tucson, AZ 85701 Voice/TTY: 520-327-9547 Voice/TTY: 800-922-1447 Fax: 520-884-0992 center@acdl.com http://acdl.com
Disability Rights Advocates (DRA)	DRA is a non-profit legal center dedicated to protecting the civil and human rights of people with disabilities throughout the United States and the world. DRA represents people with disabilities in over 50 active cases, most of which focus on health care access, employment rights, public accommodations, international advocacy, testing, education, and schools. Most of their cases focus on high impact litigation. Often they litigate cases on behalf of a class of plaintiffs. As a result, most of their cases address systemic violations of Federal and state disability rights laws rather than isolated incidents.	449 15th Street Suite 303 Oakland, CA 94612-2821 Phone: 510-451-8644 TTY: 510-451-8716 Fax: 510-451-8511 general@dralegal.org http://www.dralegal.org/

Some law schools also have programs where students, supervised by attorneys, provide free legal assistance on a variety of legal matters. Some of these programs are open to all. Others limit their service to distinct groups, such as senior citizens or low-income persons. Contact a law school in your area to find out if such a program is available.

In addition, if you cannot afford a lawyer, you may qualify for free legal help from a Legal Aid or Legal Services Corporation (LSC) office. These offices generally offer legal assistance about such things as landlord-tenant relations, credit, utilities, family matters (e.g., divorce and adoption), foreclosure, home equity fraud, social security, welfare, unemployment, and workers' compensation. If the Legal Aid office in your area does not handle your type of case, it should refer you to other local, state or national organizations that can provide help.

To find the Legal Aid office nearest to you, check a local telephone directory or contact:

National Legal Aid and Defender Association
1625 K Street, NW, 8th Floor
Washington, DC 20006
Phone: 202-452-0620
Fax: 202-872-1031
e-mail: info@nlada.org
Website: www.nlada.org

To find the LSC office nearest you, check a local telephone directory or contact:

LSC Public Affairs
750 1st Street, NE, 10th Floor
Washington, DC 20002
Phone: 202-336-8800
Fax: 202-336-8959
Website: www.lsc.gov

Note: The American Bar Association website (www.abalawinfo.org) can provide answers to general legal questions. The FindLaw website (www.findlaw.com) from West Publishing provides quick access to many legal documents.

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Quick Reference of Federal Accessibility Laws Related to Information and Telecommunication Technology

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The abbreviations listed in each of the cells below highlight the primary Federal laws that apply to various situations involving inaccessible technology. For example, if you have encountered inaccessible telecommunications, then Section 255 of the Communications Act, Section 508 of the Rehabilitation Act, Title IV of the ADA, and/or the Hearing Aid Compatibility (HAC) Act are your starting points for deciding which specific complaint procedures may apply to your situation. When you click on an abbreviation link below, you will see a page that lists highlights of the applicable laws.

Note: The laws listed in each cell do not indicate all of the Federal laws that could apply to a general situation. The intent of this quick reference is to give you the main starting points for deciding which complaint procedures may apply. After you choose a starting point and read the details, you may find that one or more additional laws apply to your situation. For instance, Section 504 may apply to a situation that involves inaccessible telecommunications if the telecommunications supports a program or activity that receives Federal financial assistance. In this case, however, the main "hook" in the quick reference is the "government-funded activity" and you can see that Section 504 is listed for that situation.

Does the situation involve...?
Tele- communications	Job-related technology	Government-funded activity	Private business	Television
255 508 Title IV HAC	501 508 Title I	504 508 Title II (A) Title II (B)	Title III	713 TV Decod TV Emerg

Click here to see highlights of all of the Federal laws.

Highlights of the Complaint Procedures that Apply to Telecommunications...

Section 255 of Communications Act	Section 508 of Rehabilitation Act
Consumers with or without disabilities Manufacturers and providers of telecom products and services Conformance with accessibility guidelines if readily achievable Enforced by FCC	Federal employees with disabilities Members of the public with disabilities Electronics, IT, telecom purchased by the Federal govt. after June 21, 2001 Conformance with accessibility standards or... Information delivered through alternative means Enforced by Federal Agency
ADA Title IV	Hearing Aid Compatibility (HAC) Act
Consumers with or without disabilities Telecom relay services Closed captioning of public service announcments Enforced by FCC	Consumers with or without disabilities Wireline, cordless telephones Future: wireless Compatible with hearing aids Volume control Enforced by FCC

a woman sitting at a desk typing on a computer

Highlights of the Complaint Procedures that Apply to Job-related Technology...

Section 501 of Rehabilitation Act	Section 508 of Rehabilitation Act
Federal employees and applicants with disabilities Employment discrimination Reasonable accommodations Enforced by EEOC	Federal employees with disabilities Members of the public with disabilities Electronics, IT, telecom purchased by the Federal govt. after June 21, 2001 Conformance with accessibility standards or... Information delivered through alternative means Enforced by Federal agency
ADA Title I
People with disabilities Employment discrimination Applicants and employees Private employers with >= 15 employees State and local governments Congress and legislative branch of Federal govt. Reasonable accommodations Enforced by the EEOC

silhouettes of people standing in front of an American flag

Highlights of the Complaint Procedures that Apply to Government-funded Activity...

Section 504 of Rehabilitation Act	Section 508 of Rehabilitation Act
People with disabilities Programs and activities that receive Federal financial assistance or are conducted by Federal executive agencies Reasonable accommodations Enforced by Federal agency	Federal employees with disabilities Members of the public with disabilities Electronics, IT, telecom purchased by the Federal govt. after June 21, 2001 Conformance with accessibility standards or... Information delivered through alternative means Enforced by Federal agency
ADA Title II (A)	ADA Title II (B)
People with disabilities Programs and activities conducted by state and local govt. Reasonable accommodations Enforced by DoJ	People with disabilities Public transportation Reasonable accommodations Enforced by FTA

Highlights of the Complaint Procedures that Apply to Technology Used to Support Private Businesses...

ADA Title III

People with disabilities
Business and non-profits
Restaurants, retail stores, hotels, private transportation, etc.
Reasonable accommodations
Enforced by DoJ

Highlights of the Complaint Procedures that Apply to Television...

Section 713 of Communications Act	TV Decoder Circuitry Act
Consumers with or without disabilities TV program captioning Enforced by FCC	Consumers with or without disabilities TVs with screens > 13 inches Digital TV receivers with screens >= 7.8 inches Closed captioning circuitry Enforced by FCC
Televised Emergency Programming
Consumers with or without disabilities Televised info on emergencies Regularly scheduled news and emergency news bulletins Enforced by FCC

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Quick Reference of Key Organizations

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Department of Justice (DOJ)	Civil Rights Division Disability Rights Section - NYAV 950 Pennsylvania Avenue, NW Washington, D.C. 20530 Voice: 1-800-514-0301 TTY: 1-800-514-0383 www.usdoj.gov
Equal Employment Opportunity Commission (EEOC)	1801 L Street, N.W. Washington, D.C. 20507 Voice: 1-800-669-4000 TTY: 1-800-669-6820 www.eeoc.gov
Federal Communications Commission (FCC)	Consumer & Governmental Affairs Bureau Consumer Complaints 445 12th Street, SW Washington, DC 20554 Voice: 1-888-225-5322 TTY: 1-888-835-5322 Fax: 1-866-418-0232 www.fcc.gov
Federal Transit Administration (FTA)	Director, FTA Office of Civil Rights 400 7th Street, S.W. Room 9102 Washington, D.C. 20590 Voice: 1-888-446-4511 www.fta.dot.gov
The National Association of Protection and Advocacy Systems, Inc. (NAPAS)	900 Second Street, NE Suite 211 Washington, D.C. 20002 Phone: 202-408-9514 Fax: 202-408-9520 www.napas.org
The Information Technology Technical Assistance and Training Center (ITTATC)	Georgia Institute of Technology 490 Tenth Street NW Atlanta, GA 30318 Voice/TTY: 1-866-948-8282 Fax: 404-894-9320 www.ittatc.org

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Copyright © 2004 by Georgia Tech Research Corporation (GTRC)

Even though it is copyrighted, readers are encouraged to copy and share the information in "Speak Out." Please credit the Information Technology Technical Assistance and Training Center (ITTATC) if you do so.

"Speak Out About Inaccessible Information and Telecommunication Technology" was derived primarily from information on Federal government websites. We want to thank ITTATC's collaborators and National Advisory Council as well as the staff at the Equal Employment Opportunity Commission, the Department of Justice, and the Access Board for their comments and guidance. In addition, special thanks are extended to Karen Peltz Strauss of KPS Consulting (and formerly Deputy Chief of the Consumer Information Bureau at the FCC) for her contributions to the development of "Speak Out."

Some images © 2003-2004 www.clipart.com

Feel free to share your ideas and feedback on this resource by contacting us at:

Information Technology Technical Assistance and Training Center (ITTATC)
Georgia Institute of Technology
490 Tenth Street, NW
Atlanta, GA 30318
Website: http://www.ittatc.org
Email: ittatc@ittatc.org
Voice/TTY: 1.866.948.8282

ITTATC is funded by the National Institute on Disability and Rehabilitation Research (NIDRR) of the U.S. Department of Education under grant number H133A0000405. The opinions contained in this publication are ITTATC's, and they do not necessarily reflect those of the Department of Education. ITTATC is located at the Center for Assistive Technology and Environmental Access (CATEA), which is part of the Georgia Institute of Technology.

The information contained herein is for informational purposes only. Significant effort has been made to present information that is comprehensive and accurate, but it is not represented to be error free.