North carolina dhhs file ada complaint
However, there is a law called the Americans with Disabilities Act ADA that protects you from this type of discrimination. So what is a public entity? A public entity is just a fancy name for some of the public services and programs that make up our community.
Here are some examples:. If a public entity discriminates against you because of your disability, you can resolve your dispute without a lawsuit by contacting the ADA coordinator for that entity. This information packet describes what an ADA coordinator is, and how to file a grievance with them. All public entities that have at least 50 employees must have an ADA coordinator. The purpose of an ADA coordinator is to prevent discrimination and to make sure that people can easily get help if they are discriminated against because of their disability.
For instance, the coordinator can help educate employees of their responsibilities under ADA. They also make sure people with disabilities receive the accommodations and modifications they need to access the services and programs that agency provides. Additionally, all agencies covered by this rule must investigate all complaints of discrimination.
Part of this requirement is that they must have a grievance procedure and make it available. The grievance procedure must resolve complaints quickly and equitably. If you have been discriminated against by a public entity with more than 50 employees, you may contact the ADA coordinator. You should be able to find their contact information by calling the agency or searching for the information online. Use this sample letter to make this request. Once you have contacted the ADA coordinator, you should ask for their grievance procedure.
Read the grievance procedure carefully and make sure to meet any deadlines. Most grievance procedures require a written complaint. However, usually a letter or email will be enough to start the process. This includes the Medicaid program. Title VI prohibits discrimination on the basis of race, color, or national origin in any program or activity that receives Federal funds or other Federal financial assistance.
Programs that receive Federal funds cannot distinguish among individuals on the basis of race, color or national origin, either directly or indirectly, in the types, quantity, quality or timeliness of program services, aids or benefits that they provide or the manner in which they provide them. The courts have held that Title VI prohibits recipients of Federal financial assistance from denying limited English proficient LEP persons access to programs, based on their national origin. Section builds upon already existing federal laws and prohibits discrimination on the basis of sex in any health programs and activities receiving federal financial assistance, such as Medicaid providers and the state Medicaid program.
We review each complaint carefully. Because we receive a large volume of ADA complaints from people throughout the United States, our review can take up to three months. If you have not heard from us by the end of this three-month period, you can find out the status of your complaint by calling the ADA Information Line at voice or TTY.
A member of our staff will contact you to tell you if your complaint has been received and if it is still under consideration for possible action. What happens if my complaint is referred for possible mediation?
Using professional ADA-trained mediators throughout the United States, mediation is a confidential, voluntary way to resolve ADA complaints fairly and quickly. Types of complaints most appropriate for this program include barrier removal, program accessibility, effective communication, and modification of policies, practices, and procedures.
If we determine that your complaint is appropriate for mediation, we will contact you and the entity you complained about to find out if you are both willing to participate in mediation. If your complaint is opened for investigation, an investigator or attorney will be assigned and will contact you to obtain additional information.
During the investigation, the attorney or investigator will not necessarily make a determination about whether or not an ADA violation has occurred. If he or she believes there is a pattern or practice of discrimination or the complaint raises an issue of general public importance, DRS may attempt to negotiate a formal settlement of the matter, or may file a lawsuit in federal court on behalf of the Unites States.
We do not act as an attorney for, or representative of, the complainant. This information collection is for the purpose of allowing the Department of Justice's Disability Rights Section DRS to engage in authorized civil rights compliance and enforcement activities.
Providing the information is voluntary, except that failure to provide such information may result in DRS being unable to process your complaint.
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