The American With Disabilities Act and Service Dogs–KNOW YOUR RIGHTS
This is taken from the Americans with Disabilities Act webpage, U.S. Department of Justice
I found the story of Pax on the ADA website and placed it here for everyone to see, along with the text regarding service dogs from the site. Pax was a guide dog, whose training is beyond the capability of this website (Pax was trained to make life-changing decisions for his visual-impaired handler). Nonetheless, here is the post:
This manual is dedicated to the memory of Pax, a devoted guide dog, and to all the handler and dog teams working together across the nation. Guide dogs, or seeing-eye dogs, make it possible for their handlers to travel safely with independence, freedom and dignity.
Pax guided his handler faithfully for over ten years. Together they negotiated countless busy intersections and safely traveled the streets of many cities, large and small. His skillful guiding kept his handler from injury on more than one occasion. He accompanied his handler to business meetings, restaurants, theaters, and social functions where he conducted himself as would any highly-trained guide dog. Pax was a seasoned traveler and was the first dog to fly in the cabin of a domestic aircraft to Great Britain, a country that had previously barred service animals without extended quarantine.
Pax was born in the kennels of The Seeing Eye in the beautiful Washington Valley of New Jersey in March 2000. He lived with a puppy-raiser family for almost a year where he learned basic obedience and was exposed to the sights and sounds of community life—the same experiences he would soon face as a guide dog. He then went through four months of intensive training where he learned how to guide and ensure the safety of the person with whom he would be matched. In November 2001 he was matched with his handler and they worked as a team until Pax’s retirement in January 2012, after a long and successful career. Pax retired with his handler’s family, where he lived with two other dogs. His life was full of play, long naps, and recreational walks until his death in January 2014.
It is the sincere hope of Pax’s handler that this guide will be useful in improving the understanding about service animals, their purpose and role, their extensive training, and the rights of their handlers to travel freely and to experience the same access to employment, public accommodations, transportation, and services that others take for granted.
The Americans with Disabilities Act (ADA) became law in 1990 under the administration of George H.W. Bush. The ADA is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public. The purpose of the law is to make sure that people with disabilities have the same rights and opportunities as everyone else. The ADA gives civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion. It guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, state and local government services, and telecommunications. The ADA is divided into five titles (or sections) that relate to different areas of public life.
In 2008, the Americans with Disabilities Act Amendments Act (ADAAA) was signed into law and became effective on January 1, 2009. The ADAAA made a number of significant changes to the definition of “disability.” The changes in the definition of disability in the ADAAA apply to all titles of the ADA, including Title I (employment practices of private employers with 15 or more employees, state and local governments, employment agencies, labor unions, agents of the employer and joint management labor committees); Title II (programs and activities of state and local government entities); and Title III (private entities that are considered places of public accommodation).
Service Animal Defined by Title II and Title III of the ADA
A service animal means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Tasks performed can include, among other things, pulling a wheelchair, retrieving dropped items, alerting a person to a sound, retrieving things for their handler (such as your phone, billfold, etc), or pressing an elevator button.
This is important: Emotional support animals, comfort animals, and therapy dogs are not service animals under Title II and Title III of the ADA. Other species of animals, whether wild or domestic, trained or untrained, are not considered service animals either. The work or tasks performed by a service dog must be directly related to the individual’s disability. It does not matter if a person has a note from a doctor that states that the person has a disability and needs to have the animal for emotional support. A doctor’s letter does not turn an animal into a service animal.
Examples of animals that fit the ADA’s definition of “service animal” because they have been specifically trained to perform a task for the person with a disability. The following disabilities are NOT covered on this website:
· Guide Dog or Seeing Eye® Dog is a carefully trained dog that serves persons who have severe visual impairments or are blind. If you need such a dog, this is a very specialized type of training that cannot be learned on a website. Please see if you qualify for a seeing eye dog with your insurance or through the Social Security Administration, or possibly from other sources. I am not aware of how people with vision loss obtain these dogs, but there is a huge market for them–over 1.3 million people in the United States are legally blind. I urge you to check the internet if your needs are within this category.
· Hearing or Signal Dog is a dog that has been trained to alert a person who has a significant hearing loss or is deaf when a sound occurs, such as a knock on the door. This type of dog is also not trainable from a website. If your needs center around significant hearing loss–given that over 48 million people in the United States suffer from significant hearing loss–you may be able to obtain specialized training for this elsewhere. Check the internet if your needs are within this category.
· Psychiatric Service Dog is a dog that has been trained to perform tasks that assist individuals with disabilities to detect the onset of psychiatric episodes and lessen their effects. Tasks performed by psychiatric service animals may include reminding the handler to take medicine, providing safety checks or room searches, or turning on lights for persons with Post Traumatic Stress Disorder, interrupting self-mutilation by persons with dissociative identity disorders, and keeping disoriented individuals from danger. This type of dog is also not trainable from a website, but you may be able to gain services from an insurance plan or the social security administration, or private sources. I am not aware of the availability of these dogs, but if your disability falls into this category, I strongly urge you to search the internet for more information.
· SSigDOG (sensory signal dogs or social signal dog) is a dog trained to assist a person with autism. The dog alerts the handler to distracting repetitive movements common among those with autism, allowing the person to stop the movement (e.g., hand flapping). This type of dog is also not trainable from a website, but you may be able to gain services from an insurance plan or the social security administration, or private sources. I am not aware of the availability of these dogs, but if your disability falls into this category, I strongly urge you to search the internet for more information.
· Seizure Response Dog is a dog trained to assist a person with a seizure disorder. How the dog serves the person depends on the person’s needs. The dog may stand guard over the person during a seizure or the dog may go for help. A few dogs have learned to predict a seizure and warn the person in advance to sit down or move to a safe place. This type of dog is also not trainable from a website, but you may be able to gain services from an insurance plan or the social security administration, or private sources. I am not aware of the availability of these dogs, but if your disability falls into this category, I strongly urge you to search the internet for more information.
OK, so what can we do here? If you have sight and hearing, do not have autism or seizures or do not need help with a psychiatric disorder, your dog can become a service dog. You can train your dog to do the activities on this site, which will be enough for many of you.
Under Title II and III of the ADA, service animals are limited to dogs. The handler is responsible for the care and supervision of his or her service animal. Here is a summary of the rules that you must obey to use a service dog in a public place.
- Service dogs can go anywhere the public goes, unless the service dog behaves in an unacceptable way and the person with a disability does not control the animal. If your service dog is out of your control, a business or other entity does not have to allow the animal onto its premises. Teaching your dog how to behave in public places is just as much a part of his or her training as anything else.
- Service dogs are not supposed to bark uncontrollably, jump on other people, or run away from the handler. These are examples of unacceptable behaviors for a service dog. You dog should never be off leash, and if you cannot control your dog, the dog and you are not ready to go out–your dog is just not ready. More training is needed. For example, Lennie loves people, but he is not allowed to approach them or jump on them. Some people invite him to stand up and lean on them, and if invited, that is OK. Most people just want to pet him, which is also OK. He makes a lot of friends this way.
- A business has the right to deny access to a service dog that disrupts their business. For example, a service dog that barks repeatedly and disrupts another patron’s enjoyment of a movie could be asked to leave the theater. I am sure you get this. Sometimes you may believe your dog is ready, but find out he or she is not ready when the dog is exposed to a stressor in this way. Back to training we go! Actually, the training begins with the dog learning to tolerate noise, ambiguity and other things in the environment. Lennie is very active and very alert, making this more difficult to achieve.
- Businesses, public programs, and transportation providers may exclude a service animal when the animal’s behavior poses a direct threat to the health or safety of others. Make sure your dog is vaccinated and licensed, and place the tags for the vaccinations and license right on his or her vest. The dog should always wear his or her vest when out of the home. However, I know of one large organization which erected such high hurdles that they were un-attainable, which is also illegal. Do not allow people to exclude your dog because someone has made an illegal rule. Know your rights, and be ready to respond.
- If a service animal is growling at other shoppers at a grocery store, the handler may be asked to remove the animal. Lennie never does this, but if he did, I would remove him immediately. I would want to know why he growled or was otherwise aggressive, and would not bring him into another situation like that without a health check and further training. Your dog should be focused on you, but dogs are curious. If you end up with a dog that has been abused, this could happen, and you would want to do something immediately. You can usually tell before you adopt a dog whether the dog has been abused, and this site helps you with that.
- The ADA requires the animal to be under the control of the handler. This can occur using a harness, leash, or other tether. Yes, and your dog should never be off leash or harness in public or even outside of your house. However, since this is in the initial phase of training and is repeated over and over, your dog will learn to obey you.
- However, in cases where either the handler is unable to hold a tether because of a disability or its use would interfere with the service animal’s safe, effective performance of work or tasks, the service animal must be under the handler’s control by some other means, such as voice control. This is what the ADA says, but voice control cannot be 100% guaranteed and I would never rely on voice control alone, especially since you will be training your own dog and could miss something. Again, you will work with your dog by taking him or her into public places and work with him or her right there. If you cannot handle a dog on a leash (the dog will be trained to work on a leash), then you would not take him into those places until the dog is ready, or perhaps never. Lennie helps me mostly in my home.
- The animal must be housebroken. Please see the potty training page.
- The ADA does not require covered entities to provide for the care or supervision of a service animal, including cleaning up after the animal. This is just good old respect for store owners. Our small dog, Bella, pooped right in the middle of a convention in 2014. We learned that she still had trouble controlling herself, so we now get a dog sitter for her instead of subjecting her to such a confusing environment. She is not a service dog, though she really wants to be one.
- The dog should be vaccinated in accordance with state and local laws. Yes, and all states have them. It will protect your dog and you as well.
What do you need to be aware of? To determine if an animal is a service animal, clerks or other people may ask ONLY two questions:
- Is the dog a service animal required because of a disability? No one has asked about my disability, probably because I look disabled. If they asked, I would just tell them without telling them WHAT disability.
- What work or task has the dog been trained to perform? I have been asked these questions, and I tell them about his ability to go to the refrigerator and get me a bottle of water. They love it! I also leave videos on my phone of him doing his chores, but no one has ever asked to see them. Actually, he is a little ‘gentleman’ and I think they are impressed by that.
They may not ask these questions if the need for the service animal is obvious. Examples include when a dog is guiding an individual who is blind or is pulling a person’s wheelchair. Others also may NOT:
- ask about the nature or extent of an individual’s disability
- require proof that the animal has been certified, trained or licensed as a service animal–very important!
- require the animal to wear an identifying vest or tag
- ask that the dog demonstrate its ability to perform the task or work
Under the ADA, it is training that distinguishes a service animal from other animals. Some service dogs may be professionally trained; others may have been trained by their owners, and that does not matter. However, the task that the service animal is trained to do must be directly related to the owner’s disability.
The handler is responsible for the care and supervision of his or her service animal. If a service animal behaves in an unacceptable way and the person with a disability does not control the animal, a business or other entity has the right to ask that the dog be removed. A business also has the right to deny access to a dog that disrupts their business or poses a direct threat to the health and safety of others. For example, if a service dog barks repeatedly or growls at customers, it could be asked to leave.
Service animals in-training are not specifically addressed in the ADA. However, some state laws may afford service animals in-training the same protections as service animals that have completed their training. Technically Lennie is still in training, but only because he trains himself. Your dog will evolve. They will come up with new ways to help you. Dogs are incredible!
V. Handler’s Rights
a) Public Facilities and Accommodations
Titles II and III of the ADA makes it clear that service animals are allowed in public facilities and accommodations. A service animal must be allowed to accompany the handler to any place in the building or facility where members of the public, program participants, customers, or clients are allowed. Even if the business or public program has a “no pets” policy, it may not deny entry to a person with a service animal. Service animals are not pets. So, although a “no pets” policy is perfectly legal, it does not allow a business to exclude service animals.
When a person with a service animal enters a public facility or place of public accommodation, the person cannot be asked about the nature or extent of his disability. Only two questions may be asked:
1. Is the animal required because of a disability?
2. What work or task has the animal been trained to perform?
These questions should not be asked, however, if the animal’s service tasks are obvious. For example, the questions may not be asked if the dog is observed guiding an individual who is blind or has low vision, pulling a person’s wheelchair, or providing assistance with stability or balance to an individual with an observable mobility disability.
A public accommodation or facility is not allowed to ask for documentation or proof that the animal has been certified, trained, or licensed as a service animal. Local laws that prohibit specific breeds of dogs do not apply to service animals.
A place of public accommodation or public entity may not ask an individual with a disability to pay a surcharge, even if people accompanied by pets are required to pay fees. Entities cannot require anything of people with service animals that they do not require of individuals in general, with or without pets. If a public accommodation normally charges individuals for the damage they cause, an individual with a disability may be charged for damage caused by his or her service animal.
b) Employment
Laws prohibit employment discrimination because of a disability. Employers are required to provide reasonable accommodation. Allowing an individual with a disability to have a service animal or an emotional support animal accompany them to work may be considered an accommodation. The Equal Employment Opportunity Commission (EEOC), which enforces the employment provisions of the ADA (Title I), does not have a specific regulation on service animals. In the case of a service animal or an emotional support animal, if the disability is not obvious and/or the reason the animal is needed is not clear, an employer may request documentation to establish the existence of a disability and how the animal helps the individual perform his or her job.
Documentation might include a detailed description of how the animal would help the employee in performing job tasks and how the animal is trained to behave in the workplace. A person seeking such an accommodation may suggest that the employer permit the animal to accompany them to work on a trial basis.
Service dogs may be excluded from the workplace only if they pose either an undue hardship or a direct threat in the workplace.
c) Housing
The Fair Housing Act (FHA) protects a person with a disability from discrimination in obtaining housing. Under this law, a landlord or homeowner’s association must provide reasonable accommodation to people with disabilities so that they have an equal opportunity to enjoy and use a dwelling. Emotional support animals that do not qualify as service animals under the ADA may nevertheless qualify as reasonable accommodations under the FHA. In cases when a person with a disability uses a service animal or an emotional support animal, a reasonable accommodation may include waiving a no-pet rule or a pet deposit. This animal is not considered a pet.
A landlord or homeowner’s association may not ask a housing applicant about the existence, nature, and extent of his or her disability. However, an individual with a disability who requests a reasonable accommodation may be asked to provide documentation so that the landlord or homeowner’s association can properly review the accommodation request. They can ask a person to certify, in writing, (1) that the tenant or a member of his or her family is a person with a disability; (2) the need for the animal to assist the person with that specific disability; and (3) that the animal actually assists the person with a disability. It is important to keep in mind that the ADA may apply in the housing context as well, for example with student housing. Where the ADA applies, requiring documentation or certification would not be permitted with regard to an animal that qualifies as a “service animal.”
d) Education
Service animals in public schools (K-12) – The ADA permits a student with a disability who uses a service animal to have the animal at school. In addition, the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act allow a student to use an animal that does not meet the ADA definition of a service animal if that student’s Individual Education Plan (IEP) or Section 504 team decides the animal is necessary for the student to receive a free and appropriate education. Where the ADA applies, however, schools should be mindful that the use of a service animal is a right that is not dependent upon the decision of an IEP or Section 504 team.
Emotional support animals, therapy animals, and companion animals are seldom allowed to accompany students in public schools. Indeed, the ADA does not contemplate the use of animals other than those meeting the definition of “service animal.” Ultimately, the determination whether a student may utilize an animal other than a service animal should be made on a case-by-case basis by the IEP or Section 504 team.
Service animals in postsecondary education settings – Under the ADA, colleges and universities must allow people with disabilities to bring their service animals into all areas of the facility that are open to the public or to students. I have personally had considerable trouble with this, but have not yet reported the university that denied Lennie access.
- Colleges and universities may have a policy asking students who use service animals to contact the school’s Disability Services Coordinator to register as a student with a disability.
- Higher education institutions may not require any documentation about the training or certification of a service animal.
- They may, however, require proof that a service animal has any vaccinations required by state or local laws that apply to all animals.
- I urge you to place the dog’s vaccination and license tags on the vest. Even though vests are optional, having a vest for your dog carries a lot of weight when you are in public, and vests are cheap.
e) Transportation–your dog is not a pet.
A person traveling with a service animal cannot be denied access to transportation, even if there is a “no pets” policy. In addition, the person with a service animal cannot be forced to sit in a particular spot; no additional fees can be charged because the person uses a service animal; and the customer does not have to provide advance notice that s/he will be traveling with a service animal.
The laws apply to both public and private transportation providers and include subways, fixed-route buses, Paratransit, rail, light-rail, taxicabs, shuttles and limousine services.
f) Air Travel
The Air Carrier Access Act (ACAA) requires airlines to allow service animals and emotional support animals to accompany their handlers in the cabin of the aircraft. Lennie is a seasoned air traveler, having over 25,000 miles to his credit. He knows exactly what to do, and does it. The airline personnel love him! Even the pilots of the planes he travels on stop and greet him, and being Lennie, he greets them right back.
Service dogs and air travel: For evidence that an animal is a service animal, air carriers may ask to see identification cards, written documentation, presence of harnesses or tags, or ask for verbal assurances from the individual with a disability using the animal. If airline personnel are uncertain that an animal is a service animal, they may ask one of the following:
1. What tasks or functions does your animal perform for you?
2. What has your animal been trained to do for you?
3. Would you describe how the animal performs this task for you?
Again, it is really easy if your dog has a vest and has his tags attached to the vest. I carry evidence of vaccinations as well. I also have videos of him on my phone, but have never been asked to prove that he is a service dog and have never been asked those questions. He sits and waits for me to go through the TSA screening and does not move until I tell him to follow me. They love him! He behaves a little better than many humans.
This section is not about service dogs. Emotional support or psychiatric service dogs are regulated differently.
Emotional support and psychiatric service animals – Individuals who travel with emotional support animals or psychiatric service animals may need to provide specific documentation to establish that they have a disability and the reason the animal must travel with them. Individuals who wish to travel with their emotional support or psychiatric animals should contact the airline ahead of time to find out what kind of documentation is required.
Examples of documentation that may be requested by the airline: Current documentation (not more than one year old) on letterhead from a licensed mental health professional stating (1) the passenger has a mental health-related disability listed in the Diagnostic and Statistical Manual of Mental Disorders (DSM IV); (2) having the animal accompany the passenger is necessary to the passenger’s mental health or treatment; (3) the individual providing the assessment of the passenger is a licensed mental health professional and the passenger is under his or her professional care; and (4) the date and type of the mental health professional’s license and the state or other jurisdiction in which it was issued.16 This documentation may be required as a condition of permitting the animal to accompany the passenger in the cabin.
Other animals – According to the ACAA, airlines are not required otherwise to carry animals of any kind either in the cabin or in the cargo hold. Airlines are free to adopt any policy they choose regarding the carriage of pets and other animals (for example, search and rescue dogs) provided that they comply with other applicable requirements (for example, the Animal Welfare Act).
Animals such as miniature horses, pigs, and monkeys may be considered service animals. A carrier must decide on a case-by-case basis according to factors such as the animal’s size and weight; state and foreign country restrictions; whether or not the animal would pose a direct threat to the health or safety of others; or cause a fundamental alteration in the cabin service.17 Individuals should contact the airlines ahead of travel to find out what is permitted.
Airlines are not required to transport unusual animals such as snakes, other reptiles, ferrets, rodents, and spiders. Foreign carriers are not required to transport animals other than dogs.
VI. Reaction/Response of Others
Allergies and fear of dogs are not valid reasons for denying access or refusing service to people using service animals. If employees, fellow travelers, or customers are afraid of service animals, a solution may be to allow enough space for that person to avoid getting close to the service animal.
Most allergies to animals are caused by direct contact with the animal and the allergens are not airborne. A separated space might be adequate to avoid allergic reactions.
If a person is at risk of a significant allergic reaction to an animal, it is the responsibility of the business or government entity to find a way to accommodate both the individual using the service animal and the individual with the allergy. This is usually a simple fix, and you can suggest it if necessary.
VII. Service Animals in Training
a) Air Travel
The Air Carrier Access Act (ACAA) does not allow “service animals in training” in the cabin of the aircraft because “in training” status indicates that they do not yet meet the legal definition of service animal. However, like pet policies, airline policies regarding service animals in training vary. Some airlines permit qualified trainers to bring service animals in training aboard an aircraft for training purposes. Trainers of service animals should consult with airlines and become familiar with their policies. I did not attempt to fly with Lennie until he was well into his training. Since you are doing the training, when the dog behaves well in public and performs 1 or 2 services for you, you can call him or her trained. Lennie is still learning, which is the luxury of training your dog yourself.
b) Employment
In the employment setting, employers may be obligated to permit employees to bring their “service animal in training” into the workplace as a reasonable accommodation, especially if the animal is being trained to assist the employee with work-related tasks. The untrained animal may be excluded, however, if it becomes a workplace disruption or causes an undue hardship in the workplace.
c) Public Facilities and Accommodations
Title II and III of the ADA does not cover “service animals in training” but several states have laws when they should be allowed access.
VIII. Laws & Enforcement
a) Public Facilities and Accommodations
Title II of the ADA covers state and local government facilities, activities, and programs. Title III of the ADA covers places of public accommodations. Section 504 of the Rehabilitation Act covers federal government facilities, activities, and programs. It also covers the entities that receive federal funding.
Title II and Title III Complaints – These can be filed through private lawsuits in federal court or directed to the U.S. Department of Justice.
U.S. Department of Justice
950 Pennsylvania Avenue, N.W.
Civil Rights Division
Disability Rights Section – NYA
Washington, DC 20530
http://www.ada.gov (link is external)
800-514-0301 (v)
800-514-0383 (TTY)
Section 504 Complaints – These must be made to the specific federal agency that oversees the program or funding.
b) Employment
Title I of the ADA and Section 501 and Section 504 of the Rehabilitation Act prohibits discrimination in employment. The ADA covers private employers with 15 or more employees; Section 501 applies to federal agencies, and Section 504 applies to any program or entity receiving federal financial assistance.
ADA Complaints – A person must file a charge with the Equal Employment Opportunity Commission (EEOC) within 180 days of an alleged violation of the ADA. This deadline may be extended to 300 days if there is a state or local fair employment practices agency that also has jurisdiction over this matter. Complaints may be filed in person, by mail, or by telephone by contacting the nearest EEOC office. This number is listed in most telephone directories under “U.S. Government.” For more information:
http://www.eeoc.gov/contact/index.cfm (link is external)
800-669-4000 (voice)
800-669-6820 (TTY)
Section 501 Complaints – Federal employees must contact their agency’s Equal Employment Opportunity (EEO) officer within 45 days of an alleged Section 501 violation.
Section 504 Complaints – These must be filed with the federal agency that funded the employer.
c) Housing
The Fair Housing Act (FHA), as amended in 1988, applies to housing. Section 504 of the Rehabilitation Act of 1973 prohibits discrimination on the basis of disability in all housing programs and activities that are either conducted by the federal government or receive federal financial assistance. Title II of the ADA applies to housing provided by state or local government entities.
Complaints – Housing complaints may be filed with the Department of Housing and Urban Development (HUD) Office of Fair Housing and Equal Opportunity.
http://www.hud.gov/fairhousing (link is external)
800-669-9777 (voice)
800-927-9275 (TTY)
d) Education
Students with disabilities in public schools (K-12) are covered by Individuals with Disabilities Education Act (IDEA), Title II of the ADA, and Section 504 of the Rehabilitation Act. Students with disabilities in public postsecondary education are covered by Title II and Section 504. Title III of the ADA applies to private schools (K-12 and post-secondary) that are not operated by religious entities. Private schools that receive federal funding are also covered by Section 504.
IDEA Complaints – Parents can request a due process hearing and a review from the state educational agency if applicable in that state. They also can appeal the state agency’s decision to state or federal court. You may contact the Office of Special Education and Rehabilitative Services (OSERS) for further information or to provide your own thoughts and ideas on how they may better serve individuals with disabilities, their families and their communities.
For more information contact:
Office of Special Education and Rehabilitative Services
U.S. Department of Education
400 Maryland Avenue, S.W.
Washington, DC 20202-7100
202-245-7468 (voice)
Title II of the ADA and Section 504 Complaints – The Office for Civil Rights (OCR) in the Department of Education enforces Title II of the ADA and Section 504 as they apply to education. Those who have had access denied due to a service animal may file a complaint with OCR or file a private lawsuit in federal court. An OCR complaint must be filed within 180 calendar days of the date of the alleged discrimination, unless the time for filing is extended for good cause. Before filing an OCR complaint against an institution, an individual may want to find out about the institution’s grievance process and use that process to have the complaint resolved. However, an individual is not required by law to use the institutional grievance process before filing a complaint with OCR. If someone uses an institutional grievance process and then chooses to file the complaint with OCR, the complaint must be filed with OCR within 60 days after the last act of the institutional grievance process.
For more information contact:
U.S. Department of Education
Office for Civil Rights
400 Maryland Avenue, S.W.
Washington, DC 20202-1100
Customer Service: 800-421-3481 (voice)
800-877-8339 (TTY)
E-mail: OCR@ed.gov (link sends e-mail)
http://www2.ed.gov/about/offices/list/ocr/docs/howto.html (link is external)
Title III Complaints – These may be filed with the Department of Justice.
U.S. Department of Justice
950 Pennsylvania Avenue, N.W.
Civil Rights Division
Disability Rights Section – NYA
Washington, DC 20530
http://www.ada.gov/ (link is external)
800-514-0301 (v)
800-514-0383 (TTY)
e) Transportation
Title II of the ADA applies to public transportation while Title III of the ADA applies to transportation provided by private entities. Section 504 of the Rehabilitation Act applies to federal entities and recipients of federal funding that provide transportation.
Title II and Section 504 Complaints – These may be filed with the Federal Transit Administration’s Office of Civil Rights. For more information, contact:
Director, FTA Office of Civil Rights
East Building – 5th Floor, TCR
1200 New Jersey Ave., S.E.
Washington, DC 20590
FTA ADA Assistance Line: 888-446-4511 (Voice)
800-877-8339 (Federal Information Relay Service)
http://www.fta.dot.gov/civil_rights.html (link is external)
http://www.fta.dot.gov/12874_3889.html (link is external) (Complaint Form)
Title III Complaints – These may be filed with the Department of Justice.
U.S. Department of Justice
950 Pennsylvania Avenue, N.W.
Civil Rights Division
Disability Rights Section – NYA
Washington, DC 20530
http://www.ada.gov (link is external)
800-514-0301 (v)
800-514-0383 (TTY)
Note: A person does not have to file a complaint with the respective federal agency before filing a lawsuit in federal court.
f) Air Transportation
The Air Carrier Access Act (ACAA) covers airlines. Its regulations clarify what animals are considered service animals and explain how each type of animal should be treated.
ACAA complaints may be submitted to the Department of Transportation’s Aviation Consumer Protection Division. Air travelers who experience disability-related air travel service problems may call the hotline at 800-778-4838 (voice) or 800- 455-9880 (TTY) to obtain assistance. Air travelers who would like the Department of Transportation (DOT) to investigate a complaint about a disability issue must submit their complaint in writing or via e-mail to:
Aviation Consumer Protection Division
Attn: C-75-D
U.S. Department of Transportation
1200 New Jersey Ave, S.E.
Washington, DC 20590
For additional information and questions about your rights under any of these laws, contact your regional ADA center at 800-949-4232 (voice/TTY).