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ADA complaint? Try mediation.


The ADA Ada, city, United States
Ada (ā`ə), city (1990 pop. 15,820), seat of Pontotoc co., S central Okla.; inc. 1904. It is a large cattle market and the center of a rich oil and ranch area.
 (Americans with Disabilities Act Americans with Disabilities Act, U.S. civil-rights law, enacted 1990, that forbids discrimination of various sorts against persons with physical or mental handicaps. ) was passed in 1990 in order to make employment, public services Public services is a term usually used to mean services provided by government to its citizens, either directly (through the public sector) or by financing private provision of services. , transportation, public accommodations, and telecommunications more accessible to people with disabilities. However, legislative triumphs don't guarantee easy changes in social attitudes and institutions.

Who ya gonna call?

A person can file a complaint about ADA compliance involving public services or private businesses with the DOJ (Department Of Justice) The legal arm of the U.S. government that represents the public interest of the United States. It is headed by the Attorney General.  (U.S. Department of Justice). The DOJ is your recourse if a movie theater or a conference room at a public university is inaccessible.

The EEOC EEOC
abbr.
Equal Employment Opportunity Commission

EEOC n abbr (US) (= Equal Employment Opportunities Commission) → comisión que investiga discriminación racial o sexual en el empleo
 (U.S. Equal Employment Opportunity Commission) will investigate complaints regarding Title I, or employment discrimination, such as being denied a promotion because of a physical disability.

The Federal Communications Commission Federal Communications Commission (FCC), independent executive agency of the U.S. government established in 1934 to regulate interstate and foreign communications in the public interest.  handles telecommunications complaints--for instance, if accessible directory assistance is not available through your phone service provider.

A person can always bring a private lawsuit, as well. Legal proceedings All actions that are authorized or sanctioned by law and instituted in a court or a tribunal for the acquisition of rights or the enforcement of remedies.  can be long, costly affairs, and the outcome is not always in the complainant's favor.

There is another way The DOJ's ADA mediation program can resolve some complaints under Titles II and III. These typically involve architectural barrier architectural barrier Public health Any structure or design feature that makes a building inaccessible to a person with a disability–eg, lack of ramps, narrow elevator doors. See Americans with Disabilities Act, Service dog.  removal, access to communication, and policies of private or public places or businesses that discriminate against people with disabilities. What's more, the program is free.

Mediation has been successful in over 80% of the complaints, resulting in people having greater access to town halls, courthouses, stores, restaurants, hotels, and theaters. Most complaints are settled in 2 to 3 months, as opposed to lawsuits, which can drag on for several years. The EEOC will also mediate employment cases if possible.

The goal of mediation is to reach a binding agreement between the parties. You can have attorney representation, but this is not required. Mediators will make referrals to outside experts when necessary. If a successful resolution is not reached, other legal remedies can be pursued.

For a complaint form and more information, call the Department of Justice's ADA Information Line: 800-514-0301 (voice), 800-514-0383 (tty); or visit their web site: www.usdoj.gov/crt/ ada/adahom1.htm. Be sure to note that you are requesting mediation if you are interested in trying this approach.

To file an employment complaint, contact the EEOC field office in your area: 800-669-4000 (voice), 800-669-6820 (tty).
COPYRIGHT 1999 National Multiple Sclerosis Society
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1999, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Inside MS
Date:Mar 22, 1999
Words:373
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