The ADA has opened up so many opportunities for citizens with disabilities! Our communities have become more welcoming to those with mobility limitations, customers with service animals, and those who need effective communication. Reasonable accommodation in the workplace has provided options allowing greater choices for employees with disabilities. Thank you, ADA!
Even with all the progress that has been made because of the ADA, there are times when a conflict arises. Perhaps an employer chooses not to provide the requested job modification, or a grocery store turns a customer away because of their service animal, or a medical office refuses to provide an interpreter upon request. What can a disaffected person do?
The ADA allows a person with a disability who has been discriminated against based on their disability to file a formal complaint with the appropriate federal entity. There are some other legal alternatives as well, but filing with the federal agency is usually the first plan of defense. For example, the customer with a service animal who has been turned away can file a Title III complaint with the U.S. Department of Justice. That is also true for the deaf patient who was not able to effectively communicate with their medical professional. The employee who is now unable to perform their job because of lack of an accommodation can take this up with the Equal Employment Opportunity Commission (EEOC).
But what if you really don’t want to make this into a legal issue – you only want the business or the employer or the government agency to understand their responsibilities under the ADA? I.E., you just want to do your shopping like everyone else, you just want to let the doc know what’s ailing you, and you just want to do your job!
Sometimes it’s a simple misunderstanding on the part of one of the parties – they’ve never heard of service animals being allowed in a hotel; or the doctor has never treated a deaf or blind patient before. So, while you have a right to file a formal charge, there are some steps you can take to try to resolve a problem on a local level instead of a federal level.
- Education can be the first step toward resolving an issue and getting everybody back on their way into their day. Try to calmly discuss what you believe the ADA provides for you as the consumer. Always stick to the facts! Do you have some materials you can share with the party? For example, the Department of Justice (DOJ) has a question-and-answer document that could be provided to a business that is questioning the rights of a person with a service animal. You could provide it on the spot, or mail/email it to a person in charge. There is also information on effective communication on the DOJ website as well as other ADA issues. Communicate that you desire to help them understand their ADA responsibilities, and hopefully keep them out of possible litigation.
- When discussing the situation, be sure to document the issue, who you spoke with and what part of the ADA the issue falls under. For example, if you have requested a modification - like a request for materials in Braille or large print - from a government agency, you would want to note this as a Title II problem. If you are requesting this same modification from a business and are having difficulty getting your request, this would be a Title III problem. And if the conflict is with your place of employment, it is a Title I issue. Also document any written communications (such as email, letter, etc.) and keep copies of everything. Take pictures if appropriate. This is true of both parties – if the public accommodation has attempted to resolve the issue but the parties cannot come to an agreement, it’s important to show that a good faith effort has been made.
- Both parties should NEGOTIATE. There can be legitimate circumstances where a request cannot be fulfilled. The important next step is to look at other possible ways to ensure accessibility. There may be times when there is not an alternative, but the attempt should be made on both sides. Compromise when appropriate.
- You may have to talk with a manager or even higher management officials. Be prepared to show how the ADA was not properly carried out.
- Mediation or alternative dispute resolution (ADR) can be great options to help resolve an issue. Mediation is an informal process where an impartial third party helps disputing parties to find mutually satisfactory solutions to their differences. Mediation can resolve disputes quickly and satisfactorily, without the expense and delay of formal investigation and litigation. The DOJ and the EEOC both provide these alternatives to filing a formal charge. Here are some examples of mediation cases from the DOJ.
If the problems cannot be solved, a formal charge may be the ultimate step:
Filing A Charge of Discrimination | U.S. Equal Employment Opportunity Commission (eeoc.gov)
Hopefully by taking a few extra steps, the legal path can be eliminated; and in the process everyone will become more educated about their ADA rights and responsibilities.