The NAD strongly encourages individuals who are deaf or hard of hearing to file complaints when they experience discrimination. When you file a complaint, you may be able to correct the discriminatory action. You can also raise awareness that there is discrimination taking place. When many people file complaints, enforcement agencies are more likely to take action to stop the discrimination.
Most complaint rules have time limits for filing a complaint, so don’t wait to file your complaint later.
Here is a brief summary of how to file complaints. This article does not cover all possible situations. You may have additional rights under federal and state law.
Filing a complaint is like telling a story about what happened. Most times, the complaint can be a letter that tells what happened. Some agencies have complaint forms. Your complaint may include a copy of any documents that show what happened, such as e-mail communication, notes about the people you talked to, what occurred, and when it happened. If you need help writing or filing your complaint, you can contact the agency that handles your kind of complaint (see below) for assistance.
Employment Discrimination – by State and Local Government and Business Employers
The Equal Employment Opportunity Commission (EEOC) is responsible for investigating charges of workplace discrimination by businesses (for-profit; non-profit; with 15 or more employees) and state and local government agencies. If you believe that your employer has discriminated against you on the basis of disability, you may file a complaint with the EEOC. You must first file a complaint with the EEOC, before you can file a lawsuit in court.
The EEOC has offices throughout the country. In some states, you must file a charge within 180 days for the discrimination. In other states, you may have more time. In all cases, you must file your charge within the time limit. You should contact your local EEOC office to learn more information about how to file a complaint. You may find your local EEOC office online at http://www.eeoc.gov/field/index.cfm [1].
After you file a complaint, the EEOC can investigate your case. The EEOC may try to resolve your case informally through mediation. If the EEOC cannot resolve the case through mediation, the EEOC will decide whether to bring a lawsuit on your behalf. If the EEOC decides not to bring a lawsuit or finds that there was no discrimination, you will get letter that permits you to file a lawsuit in court. This is called a “right to sue” letter. After you receive this letter, you have 90 days to file a lawsuit in court.
For more information, see http://www.eeoc.gov/employees/charge.cfm [2].
Employment Discrimination – by Federal Government Employers
The EEOC does not investigate charges of workplace discrimination by the federal government. If you work for a federal agency, you must file a charge with your agency’s Equal Employment Opportunity (EEO) office. You must contact your agency’s EEO counselor within 45 days of the act of discrimination.
For more information, contact your agency’s EEO office or see http://www.eeoc.gov/laws/other.cfm [3].
Discrimination by State and Local Government Programs or Services
The U.S. Department of Justice is responsible for enforcing the Americans with Disabilities Act (ADA) with respect to state and local governments.
When you encounter discrimination by state and local governments, you may file a complaint under ADA Title II. A form for filing ADA Title II complaints is available online at http://www.ada.gov/t2cmpfrm.htm [4]. You do not need to use the form, but the form will help you know the kind of information you should include in your complaint. You must file an ADA Title II complaint within 180 days of the discrimination.
You may also file a complaint (lawsuit) in state or federal court. There are deadlines for filing complaints in court. These deadlines differ in each state.
Discrimination by Businesses
The U.S. Department of Justice is responsible for enforcing the Americans with Disabilities Act (ADA) with respect to businesses (any size; for-profit and non-profit).
When you encounter discrimination by businesses or service providers, you can file a complaint under ADA Title III. You can find more information about filing an ADA Title III complaint at http://www.ada.gov/t3compfm.htm [5]. There is no time limit for filing an ADA Title III complaint with the U.S. Department of Justice, but you should file as soon as possible.
You may also file a complaint (lawsuit) in state or federal court. There are deadlines for filing complaints in court. These deadlines differ in each state.
Discrimination in Health Care and Mental Health Services
There are three ways to file complaints against health care providers, such as hospitals and doctors. You may file these complaints at the same time.
Discrimination in Higher Education
There are three ways to file complaints against colleges and universities. You may file these complaints at the same time.
Housing Discrimination
Complaints about housing discrimination under the Fair Housing Act can be filed with the U.S. Department of Housing and Urban Development (HUD). To contact HUD or to find the name of the closest regional HUD office, go to http://www.hud.gov/complaints/housediscrim.cfm [8] or call 1-800-669-9777.
You may also file a complaint (lawsuit) in state or federal court. There are deadlines for filing complaints in court. These deadlines differ in each state.
Air Travel Discrimination
If you believe that an airline has discriminated against you in violation of the Air Carrier Access Act, you can file a complaint with the U.S. Department of Transportation (DOT). DOT publishes an on-line, easy to use complaint form at http://airconsumer.ost.dot.gov/escomplaint/es.cfm [9].
Television Closed Captioning Complaints
The Federal Communication Commission (FCC) is responsible for enforcing closed captioning requirements for television programs.
When you see a television program that has no captions, missing captions, delayed captions, captions that are garbled, displayed too fast, or unreadable, you can file a complaint.
Closed captioning complaints must be sent first to your local television station, cable television provider, or satellite television service. If they cannot solve the problem, or you are not satisfied with the response you receive (or if you receive no response), you can send your complaint to the FCC.
For more information, please review the FCC closed captioning guide [10].
Emergency Information on Television
The FCC requires broadcasters and cable operators to make local emergency information accessible to people who are deaf or hard of hearing. This rule means that televised audio emergency information must be provided in a visual format.
When you have a complaint about a failure to provide televised emergency information in an accessible format, you can – but are not required to – try to resolve the problem with the video programming distributor.
You can file a complaint with the FCC.
You can file your complaint using FCC Form 2000-C, available online at http://esupport.fcc.gov/complaints.htm [11]. You can also file your complaint with the FCC’s Consumer Center by e-mail to fccinfo@fcc.gov; by calling 1-888-CALL-FCC(1-888-225-5322) voice or 1-888-TELL-FCC (1-888-835-5322) TTY; or by faxing your complaint to 1-866-418-0232.
For more information about filing a complaint about televised emergency information, see the FCC’s Consumer Fact Sheet at www.fcc.gov/cgb/consumerfacts/emergencyvideo.html [12].
Links:
[1] http://www.eeoc.gov/field/index.cfm
[2] http://www.eeoc.gov/employees/charge.cfm
[3] http://www.eeoc.gov/laws/other.cfm
[4] http://www.ada.gov/t2cmpfrm.htm
[5] http://www.ada.gov/t3compfm.htm
[6] http://www.hhs.gov/ocr/privacy/hipaa/complaints/
[7] http://www.ed.gov/about/offices/list/ocr/docs/howto.html?src=rt
[8] http://www.hud.gov/complaints/housediscrim.cfm
[9] http://airconsumer.ost.dot.gov/escomplaint/es.cfm
[10] http://www.fcc.gov/guides/closed-captioning
[11] http://esupport.fcc.gov/complaints.htm
[12] http://www.fcc.gov/cgb/consumerfacts/emergencyvideo.html