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Civil Rights

Procedures Manual For Processing External Complaints of Discrimination

APPENDIX E

ADA COMPLAINT
ACKNOWLEDGEMENT LETTER TO COMPLAINANT

In Reply To: xxx-xx
DOT #xxxx-xxxx

Name of Complainant
Title, if applicable
Address
City, State, Zip Code

Dear Name of Complainant:

This acknowledges that the Federal Highway Administration's (FHWA), Office of Civil Rights is in receipt of your complaint of discrimination, dated _______________ alleging violations of the Americans with Disabilities Act of 1990 (ADA) and/or Section 504 of the Rehabilitation Act of 1973 (Section 504).

In your complaint, you alleged State Allegation.

The allegation raised in your complaint may fall under the jurisdiction of either, Section 504, as amended, the ADA, or both. Your complaint has been transferred to the FHWA XXXXXXX Division Office for investigation. All future correspondence should be refer to DOT #xxxx-xxx and be addressed to:

Name of Division Administrator
Division Administrator
FHW
Street Address
Room or Suite #
City, State, Zip Code

If the issue has been resolved or you are no longer interested in pursuing your complaint, please contact Person Name as soon as possible. Person Name may be reached at Phone Number.

Sincerely yours,

Name of Office of Civil Rights Official
Title

APPENDX E-1

ADA COMPLAINT
TRANSMITTAL MEMORANDUM TO DIVISION OFFICE
FORWARDING ADA COMPLAINT FOR INVESTIGATION

Subject: ACTIONName of Complainant
vs. Name of Respondent
(DOT #xxxx-xxxx)
Date:
From Name of FHWA Office of Civil Rights Official
Title
In Reply Refer To: xxx-xx
To: Name
Division Administrator (HDA-__)
City and State

The attached complaint filed by Name of Complainant under the Americans with Disabilities Act (ADA) of 1990 is being forwarded to your office for investigation. A copy of the acknowledgment letter to the complainant is also attached.

The complainant alleges State Allegation. The allegation raised by the complainant may fall under the jurisdiction of either Section 504 of the Rehabilitation Act of 1973, as amended, or the ADA, or both.

Please investigate the allegation and forward your report to the Headquarters Office of Civil Rights within 90 days of receipt of this memorandum. The letter of finding will be prepared by this office with a copy to your office.

Should you have any questions about this complaint they may be addressed to Person Name at Phone Number.

2 Attachments

APPENDIX E-2

ADA COMPLAINT NO JURISDICTION – REFERRAL TO DOJ
(Letter to the Complainant)

In Reply Refer to: xxx-xx

Name of Complainant
Address
City, State, Zip Code

Dear Name of Complainant:

The Federal Highway Administration (FHWA) Office of Civil Rights in receipt of your complaint dated ___________. The complaint was received in this office on

____________, from our FHWA XXXXXXXXX Division Office. After a thorough review of your complaint, it has been determined that the issues alleged in the complaint are not within the jurisdiction of the FHWA. The U.S. Department of Justice (DOJ) is the Federal agency with responsibility for processing complaints involving ______________________. Therefore, we have referred your complaint to DOJ for further processing. You may contact DOJ at:

U.S. Department of Justice
Civil Rights Division
Disability Rights Section
950 Pennsylvania Avenue, N.W.
Washington, DC 20530

If this office can be of assistance to you in any matter within the FHWA's jurisdiction, please contact us at Phone Number, or at the address noted above.

Sincerely,

Name of Office of Civil Rights Officia
Title

cc: Name, Division Administrator, FHWA, XXXXXXX Division Office
Name, Equal Opportunity Specialist, FHWA, XXXXXXX Division Office

APPENDIX E-3

ADA COMPLAINT
NO JURISDICTION – REFERRAL TO DOJ
(Letter to DOJ)

In Reply Refer to: xxx-xx

Name of DOJ Official
Title
Address
City, State, Zip Code

Dear Name of DOJ Official:

Enclosed is a complaint filed by Name of Complainant dated ____________, which is being forwarded to your office for appropriate action. This complaint was received in the Federal Highway Administration (FHWA) Office of Civil Rights on _________, from our FHWA XXXXXXX Division Office. Name of Complainant alleged that Name of Respondent failed to enforce parking for disabled individuals by allowing illegal vehicles to park in designated handicapped parking spaces.

The FHWA has determined that we do not have jurisdiction over the allegations raised in the complaint. For this reason, we are referring the complaint to your office for further processing. The complainant has been advised of this referral (copy enclosed). If you have any questions, please contact us at Phone Number.

Sincerely,

Name of Office of Civil Rights Official
Title

Enclosure

cc: Name, Division Administrator, FHWA, XXXXXXX Division Office
Name, Equal Opportunity Specialist, FHWA, XXXXXXX Division Office

APPENDIX E-4

ADA COMPLAINT NO JURISDICTION – REFERRAL TO FEDERAL AGENCY
(Letter to the Complainant)

In Reply Refer to: xxx-xx

Name of Complainant
Address
City, State, Zip Code

Dear Name of Complainant:

The Federal Highway Administration (FHWA) Office of Civil Rights is in receipt of your complaint alleging a violation of the Americans with Disabilities Act of 1990 and/or Section 504 of the 1973 Rehabilitation Act. The complaint was received in this office on __________, from our XXXXXXX Division Office. After a thorough review of the complaint, it has been determined that the issues alleged in the complaint are not within the jurisdiction of the FHWA. The Name of Agency is the Federal agency with responsibility for processing complaints involving State Issues. Therefore, we have forwarded the complaint to Name of Agency for appropriate action. You may contact the Name of Agency at:

U.S. Department of Transportation
Name of Agency
Office and Room Number
Street Address
City, State, Zip Code

If this office can be of assistance to you in any matter within the FHWA's jurisdiction, please contact us at Contact Person, Phone Number, or at the address noted above.

Sincerely,

Name of Office of Civil Rights Official
Title

cc: Name, Division Administrator, FHWA, XXXXXXX Division Office
Name, Equal Opportunity Specialist, FHWA, XXXXXXX Division Office

APPENDIX E-5

ADA COMPLAINT
NO JURISDICTION – REFERRAL TO FEDERAL AGENCY
(Memorandum to the Federal Agency)

Subject: ACTION: Name of Complainant
vs. Name of Respondent
(DOT #xxxx-xxxx)
Date:
From Name of FHWA Office of Civil Rights Official
Title
In Reply Refer To: xxx-xx
To: Name
Director
Name of Federal Administration

The attached correspondence alleges possible noncompliance by the Name ofRespondent, with the Americans with Disabilities Act of 1990.

The complaint was received in the Federal Highway Administration, Office of Civil Rights, from our XXXXXXX Division Office on Date. After reviewing the information provided, it appears to be a matter within your jurisdiction. Therefore, we are forwarding the complaint to your office for appropriate action. The complainant has been notified of this referral (copy attached).

If you have any questions regarding this submission, please contact Person Name at Phone Number.

2 Attachments

cc: Name, Division Administrator, FHWA, XXXXXXX Division Office
Name, Equal Opportunity Specialist, FHWA, XXXXXXX Division Office

APPENDIX E-6

ADA COMPLAINT
REQUEST FOR INFORMATION (RFI)
TO RESPONDENT AND ON-SITE VISIT SCHEDULE

In Reply Refer To: xxx-xx
DOT #xxxx-xxxx

Name of STA Official
Title
Name of STA
Address
City, State, Zip Code

Dear Name of STA Official:

A complaint of discrimination has been filed by Complainant of Name against Name of Respondent alleging a violation of the Americans with Disabilities Act of 1990 (ADA). In accordance with Title 49, Code of Federal Regulations (CFR), Part 27.123(c) and Title 28, CFR, Part 35.172, the Federal Highway Administration (FHWA) is required to investigate complaints of discrimination to determine whether the State or local entity is in compliance with the requirements of the ADA. Based on the complaint, the investigation will focus on the following allegation:

Whether the Name of Respondent has failed to comply with the ADA by not having accessibility at Name of Site.

As part of the investigative process, we need you to provide the documents outlined on the enclosed Request for Information on or before Date. Please forward the documents to my attention at Address.

An on-site visit to the area named in the complaint has been scheduled for the week of Date. The investigator assigned to the complaint will contact your office to confirm the exact date. If your schedule permits, you or your representatives are welcome to participate in the on-site visit.

Under the Freedom of Information Act, it may be necessary to release this document and related correspondence and records. In the event we receive such a request, we will seek to protect personal information which, if released, could constitute an unwarranted invasion of privacy.

If you have any questions regarding this matter, you may contact me at Phone Number.

Sincerely yours,

Name of Office of Civil Rights Official
Title

Enclosure

ADA COMPLAINT

SAMPLE

Request for Information
Complaint Number
Complainant's Name
vs.
Name of Respondent

Documents Needed

  1. Provide a copy of the agency's Transition Plan.
  1. Provide copies of any documents which show the implementation or the completion of the items listed in the Transition Plan.
  1. If the site named in the complaint is not in compliance with the ADA, provide information on the agency's plans for corrective action.
  1. When was the facility built?
  1. Provide the date and work completed for the last improvements to the facility cited in the complaint.

APPENDIX E-7

ADA COMPLAINT

TRANSMITTAL MEMORANDUM TO DIVISION OFFICE
LOF VIOLATIONS

Subject: ACTION: Name of Complainant
vs. Name of Respondent (DOT #xxxx-xxxx)
Date:
From Name of FHWA Office of Civil Rights Official
Title
In Reply Refer To: xxx-xx
To: Name
Division Administrator (HDA-__)
City and State

The Office of Civil Rights has reviewed the Report of Investigation for the complaint filed by Name of Complainant against the Name of Respondent. Based on our review of the information contained in the report, we agree with your recommendation that the Name of Respondentis not in compliance with the Americans with Disabilities Act of 1990.

The recommendations necessary for the Name of Respondent to come into compliance are outlined in the Letter of Finding to the complainant and the respondent (copies attached). Please work with the respondent to implement the recommendations. The complaint will remain open until all of the recommendations have been implemented.

If you have any questions, please contact Person Name at Phone Number.

2 Attachments

cc: Name, Equal Opportunity Specialist, FHWA, XXXXXXX Division Office

APPENDIX E-8

ADA COMPLAINT

LOF TO COMPLAINANT
VIOLATIONS

In Reply Refer To: xxx-xx
DOT #xxxx-xxxx

Name of Complainant
Address
City, State, Zip Code

Dear Name of Complainant:

The Federal Highway Administration (FHWA) is in receipt of the Report of Investigation (ROI) from the FHWA's XXXXXXX Division Office for the complaint of discrimination filed by you under the Americans with Disabilities Act of 1990 (ADA) against Name of Respondent.

The allegation raised in your complaint is addressed below.

Allegation

The Name of Respondent has sidewalks that are inaccessible and have missing and/or deficient curb ramps.

On-Site Review

The on-site included the review of specific locations noted within the complaint, along with locations within the downtown corridor at and around the XXXXXXX building. The on-site revealed that there are many crosswalks without curb ramps, detectable warnings, and audible detectors.

The Name of Respondent is making some efforts to upgrade crossings. The Name ofRespondent has deemed the 8-block downtown area a priority for the installation of ADA compliant curb ramps.

The investigation revealed that the Name of Respondent does not have a Transition Plan.

ADA Requirements

The regulations at 28 CFR Part 35.150(d)(1) state: __________________________________

The regulations at 28 CFR Part 35.150(d)(2) state: ___________________________________

The regulations at 28 CFR Part 35.150(d)(3) state: __________________________________

ADA Accessibility Guidelines (ADAAG) Requirements

_____________________________________________________________________________

_____________________________________________________________________________

Regarding audible signals, the ADA and the current ADAAG do not address audible signals.

However, the Manual on Uniform Traffic Control Devices (MUTCD) states that: __________

______________________________________________________________________________

Decision

Based on the evidence obtained during the investigation, the FHWA find that the Name of Respondent is in violation of the ADA regarding the lack of curb ramps and detectable warnings.

Regarding audible signals, the ADA and the ADAAG do not address audible signals. However, the MUTCD recommends a review of the area in question when this issue is brought forward.

Recommendations

  1. The Respondent should develop a Transition Plan in accordance with the regulations.
  2. The Respondent should continue with its efforts to correct the inaccessible curb ramps throughout the City.
  3. The Respondent should install the required detectable warnings as required.

Within 90 days of being notified of its noncompliance with the ADA, the Respondent should provide to the FHWA XXXXXXX Division Office documentation showing how the Respondent plans to implement the above recommendations. The FHWA Division Office will provide oversight until the deficiencies have been corrected.

 

Sincerely yours,

Name of Office of Civil Rights Official
Title

cc: Name, Equal Opportunity Specialist, FHWA, XXXXXXX Division Office

APPENDIX E-9

ADA COMPLAINT
LOF TO RESPONDENT VIOLATIONS

In Reply Refer To: xxx-xx
DOT #xxxx-xxxx

Name of STA Official
Title
Name of STA
Address
City, State, Zip Code

Dear Name of STA Official

The Federal Highway Administration (FHWA) is in receipt of the Report of Investigation (ROI) from the FHWA's XXXXXXX Division Office for the complaint of discrimination filed by Name of Complainant under the Americans with Disabilities Act of 1990 (ADA) against Name of Respondent.

The allegation raised in the complaint is addressed below.

Allegation

The Name of Respondent has sidewalks that are inaccessible and have missing and/or deficient curb ramps.

On-Site Review

The on-site included the review of specific locations noted within the complaint, along with locations within the downtown corridor at and around the XXXXXXX building. The on-site revealed that there are many crosswalks without curb ramps, detectable warnings, and audible detectors.

The Name of Respondent is making some efforts to upgrade crossings. The Name ofRespondent has deemed the 8-block downtown area a priority for the installation of ADA compliant curb ramps.

The investigation revealed that the Name of Respondent does not have a Transition Plan.

ADA Requirements

The regulations at 28 CFR Part 35.150(d)(1) state: _________________________________

The regulations at 28 CFR Part 35.150(d)(2) state: _________________________________

The regulations at 28 CFR Part 35.150(d)(3) state: _________________________________

ADA Accessibility Guidelines (ADAAG) Requirements

___________________________________________________________________________

___________________________________________________________________________

Regarding audible signals, the ADA and the current ADAAG do not address audible signals.

However, the Manual on Uniform Traffic Control Devices (MUTCD) states that: _________

______________________________________________________________________________

Decision

Based on the evidence obtained during the investigation, the FHWA find that the Name ofRespondent is in violation of the ADA regarding the lack of curb ramps and detectable warnings.

Regarding audible signals, the ADA and the ADAAG do not address audible signals. However, the MUTCD recommends a review of the area in question when this issue is brought forward.

Recommendations

1. The Respondent should develop a Transition Plan in accordance with the regulations.

2. The Respondent should continue with its efforts to correct the inaccessible curb ramps throughout the City.

3. The Respondent should install the required detectable warnings as required.

Within 90 days of being notified of its noncompliance with the ADA, the Respondent should provide to the FHWA XXXXXXX Division Office documentation showing how the Respondent plans to implement the above recommendations.

The FHWA Division Office will provide oversight until the deficiencies have been corrected.

Sincerely yours,

Name of Office of Civil Rights Official
Title

cc: Name, Equal Opportunity Specialist, FHWA, XXXXXXX Division Office

APPENDIX E-10

ADA COMPLAINT
TRANSMITTAL MEMORANDUM

TO DIVISION OFFICE
NO VIOLATIONS

 

Subject: ACTION: Name of Complainant
vs. Name of Respondent
(DOT #xxxx-xxxx)
Date:
From Name of FHWA Office of Civil Rights Official
Title
In Reply Refer To: xxx-xx
To: Name
Division Administrator (HDA-__)
City and State

The Office of Civil Rights has reviewed the Report of Investigation (ROI) for the complaint filed by Name of Complainant against the Name of Respondent alleging a violation of the Americans with Disabilities Act of 1990 (ADA). Based on the information contained in the ROI, we have concluded that the Name of Respondent is not in violation of the ADA. The investigation disclosed that the Name of Respondent has taken the necessary action to comply with the ADA. Therefore, the complaint will be closed and no further action by the FHWA is required for this complaint. Attached are copies of our Letter of Finding to the complainant and respondent.

If you have any questions, please contact Person Name at Phone Number.

2 Attachments

cc: Name, Equal Opportunity Specialist, FHWA, XXXXXXX Division Office

 

APPENDIX E-11

ADA COMPLAINT

LOF TO COMPLAINANT
NO VIOLATIONS

In Reply Refer To: xxx-xx
DOT #xxxx-xxxx

Name of Complainant
Address
City, State, Zip Code

Dear Name of Complainant:

The Federal Highway Administration (FHWA) is in receipt of the Report of Investigation (ROI) for the complaint filed by Name of Complainant under the Americans with Disabilities Act of 1990 (ADA) against the Name of Respondent.

In your complaint, you alleged that the Name of Respondent failed to clear the sidewalk of tall weeds running west from the corner of Arkansas and Forum Drive. You also alleged that the Name of Respondent did not put in handicap ramps so that visitors can reach the XXXXXXXXXX Market.

The evidence obtained during the investigation is outlined below.

The representatives for the Name of Respondent stated that the Name of Respondent has completed two city-wide transition plans and has a yearly sidewalk corridor and curb ramp improvement program. The Name of Respondent's representatives further stated that the Nameof Respondent has an on-going procedure for installing curb ramps upon request by individuals with disabilities in both residential and non-residential areas.

Regarding your allegation that the Name of Respondent failed to clear the sidewalk of tall weeds, the on-site investigation disclosed that the tall weeds referred to in the complaint have been removed.

Regarding the allegation involving the XXXXXXXXXX Market, the on-site investigation disclosed that the sidewalks and curb ramps at the entrance to the market are under construction.

Based on the information obtained during the investigation the FHWA does not find that the Name of Respondent is in violation of the ADA.

Therefore, the FHWA will close this complaint and take no further action.

Sincerely yours,

Name of Office of Civil Rights Official
Title

cc: Name, Equal Opportunity Specialist, FHWA, XXXXXXX Division Office

APPENDIX E-12

ADA COMPLAINT
LOF TO RESPONDENT
NO VIOLATIONS

In Reply Refer To: xxx-xx
DOT #xxxx-xxxx

Name of STA Official
Title
Name of STA
Address
City, State, Zip Code

Dear Name of STA Official:

The Federal Highway Administration (FHWA) is in receipt of the Report of Investigation (ROI) for the complaint filed by Name of Complainant under the Americans with Disabilities Act of 1990 (ADA) against the Name of Respondent.

In the complaint, the complainant alleged that the Name of Respondent failed to clear the sidewalk of tall weeds running west from the corner of Arkansas and Forum Drive. You also alleged that the Name of Respondent did not put in handicap ramps so that visitors can reach the XXXXXXXXXX Market.

The evidence obtained during the investigation is outlined below.

The representatives for the Name of Respondent stated that the Name of Respondent has completed two city-wide transition plans and has a yearly sidewalk corridor and curb ramp improvement program. The Name of Respondent's representatives further stated that the Nameof Respondenthas an on-going procedure for installing curb ramps upon request by individuals with disabilities in both residential and non-residential areas.

Regarding the allegation that the Name of Respondent failed to clear the sidewalk of tall weeds, the on-site investigation disclosed that the tall weeds referred to in your complaint have been removed.

Regarding the allegation involving the XXXXXXXXXX Market, the on-site investigation disclosed that the sidewalks and curb ramps at the entrance to the market are under construction.

Based on the information obtained during the investigation the FHWA does not find that the Name of Respondent is in violation of the ADA.

Therefore, the FHWA will close this complaint and take no further action.

Sincerely yours,

Name of Office of Civil Rights Official
Title

cc: Name, Equal Opportunity Specialist, FHWA, XXXXXXX Division Office

APPENDIX E-13

ADA COMPLAINT
TRANSMITTAL MEMORANDUM TO DIVISION OFFICE

VIOLATIONS/COMPLIANCE ACHIEVED

 

Subject: ACTION: Name of Complainant
vs. Name of Respondent
(DOT #xxxx-xxxx)
Date:
From Name of FHWA Office of Civil Rights Official
Title
In Reply Refer To: xxx-xx
To: Name
Division Administrator (HDA-__)
City and State

The Office of Civil Rights has reviewed the updated information provided by your office regarding the complaint filed by Name of Complainant against the Name ofRespondent. The information provided indicates that the Name of Respondent has taken the necessary action to comply with the ADA requirements relative to the issues raised in the complaint. Therefore, we are closing the complaint and no further action is required. Attached are copies of our letters to Name of Complainant and Name of Respondent.

If you have any questions regarding this memorandum, please contact Person Name at Phone Number.

Attachment

cc: Name, Equal Opportunity Specialist, FHWA, XXXXXXX Division Office

APPENDIX E-14

ADA COMPLAINT
UPDATED LETTER TO COMPLAINANT

VIOLATIONS/COMPLIANCE ACHIEVED

In Reply Refer To: xxx-xx
DOT #xxxx-xxxx

Name of complainant
Address
City, State, Zip Code

Dear Name of Complainant:

The Federal Highway Administration (FHWA) Office of Civil Rights has received updated information from our XXXXXXX Division Office regarding your complaint against the Name ofRespondent alleging violations of the Americans with Disabilities Act of 1990 (ADA). In your complaint, you alleged that the Name of Respondent is not complying with the ADA and that the Name of Respondent cancelled a sidewalk project that would have given you access to a nearby bus stop.

The updated information shows the following:

On Date, Month, Year an on-site visit was conducted by our XXXXXXX Division Office at the locations in question to ensure that the curb ramps were in compliance with the ADA. Three of the four curb ramps were in compliance with the ADA. The fourth curb ramp has a technical infeasibility issue with an underground drainage system. The Name of Respondent has provided a Technical Infeasibility Statement for this ramp as required by the ADA.

Based on our review of the updated information, we find that the Name of Respondent has taken the necessary action to comply with the ADA requirements by developing an ADA compliant Transition Plan and providing access to the bus stop with curb ramps that are ADA compliant. Therefore, the complaint will be closed and no further action will be taken by the FHWA.

If you have any questions regarding this determination, please contact Person Name at Phone Number.

Sincerely yours,

Name of Office of Civil Rights Official
Title

cc: Name, Equal Opportunity Specialist, FHWA, XXXXXXX Division Office

APPENDIX E-15

ADA COMPLAINT
UPDATED LETTER TO RESPONDENT
VIOLATIONS/COMPLIANCE ACHIEVED

In Reply Refer To: xxx-xx
DOT #xxxx-xxxx

Name of STA Official
Title
Name of STA
Address
City, State, Zip Code

Dear Name of STA Official:

The Federal Highway Administration (FHWA) Office of Civil Rights has received updated information from our XXXXXXX Division Office regarding the complaint filed by Name ofComplaint against the Name of Respondent alleging violations of the Americans with Disabilities Act of 1990 (ADA).

In the complaint, the complainant alleged that the Name of Respondent is not complying with the ADA and that the Name of Respondent cancelled a sidewalk project that would have provided access to a nearby bus stop.

The updated information shows the following:

On Date, Month, Year an on-site visit was conducted by our XXXXXXX Division Office at the locations in question to ensure that the curb ramps were in compliance with the ADA. Three of the four curb ramps were in compliance with the ADA. The fourth curb ramp has a technical infeasibility issue with an underground drainage system. The Name of Respondent has provided a Technical Infeasibility Statement for this ramp as required by the ADA.

Based on our review of the updated information, we find that the Name of Respondent has taken the necessary action to comply with the ADA requirements by developing an ADA compliant Transition Plan and providing access to the bus stop with curb ramps that are ADA compliant. Therefore, the complaint will be closed and no further action will be taken by the FHWA.

If you have any questions regarding this determination, please contact Person Name at Phone Number.

Sincerely yours,

Name of Office of Civil Rights Official
Title

cc: Name, Equal Opportunity Specialist, FHWA, XXXXXXX Division Office

APPENDIX E-16

ADA COMPLAINT

TRANSMITTAL MEMORANDUM TO DIVISION OFFICE
CLOSURE LETTER TO COMPLAINANT ATTACHED
(Withdrawal of Complaint and/or Allegations Resolved)

Subject: ACTION: Name of Complainant
vs. Name of Respondent
(DOT #xxxx-xxxx)
Date:
From Name of FHWA Office of Civil Rights Official
Title
In Reply Refer To: xxx-xx
To: Name
Division Administrator (HDA-__)
City and State

This is in reference to Name of Complainant complaint filed under the Americans with Disabilities Act of 1990 (DOT# xxxx-xxxx). The complaint was filed on Datewith this office and transferred to your office for investigation on Date. This office has been informed by the complainant that the issue in the subject area has been addressed. Based on the information provided, the complaint will be closed and no further action is required. Attached is a copy of our letter to Name of Complainant.

If you have any questions, please contact Person Name at Phone Number.

Attachment

cc: Name, Equal Opportunity Specialist, FHWA, XXXXXXX Division Office

APPENDIX E-17

ADA COMPLAINT
CLOSURE LETTER TO COMPLAINANT

(Withdrawal of Complaint and/or Allegation Resolved)

In Reply Refer To: xxx-xx
DOT #xxxx-xxxx

Name of Complainant
Address
City, State, Zip Code

Dear Name of Complainant:

This letter is in reference to your telephone conversation with Person Name of my staff on Date, requesting that your complaint filed under the Americans with Disabilities Act of 1990, which you filed with this office on Date will be closed since the area of concern has been addressed. Based on your request and the information provided, we will close the complaint and take no further action.

Sincerely yours,

Name of Office of Civil Rights Official
Title

APPENDIX E-18

ADA COMPLAINT

TRANSMITTAL MEMORANDUM TO DIVISION OFFICE
RESPONDENT'S FAILURE TO COOPERATE AND PROVIDE
REQUESTED INFORMATION

(Complaint Referred to DOJ for Enforcement)

Subject: ACTION: Name of Complainant
vs. Name of Respondent
(DOT #xxxx-xxxx)
Date:
From Name of FHWA Office of Civil Rights Official
Title
In Reply Refer To: xxx-xx
To: Name
Division Administrator (HDA-__)
City and State

The Office of Civil Rights has reviewed the updated information, provided by your office dated Date, regarding the complaint filed by Name of Complainant against the Name of Respondent. Based on our review of the updated information, we agree with your recommendation. Since the Name of Respondent has failed to cooperate and provide the requested information, we have referred the complaint to the U. S. Department of Justice for appropriate enforcement. A copy of our letters to the Name of Complainant and Name of Respondent are attached.

If you have any questions regarding this memorandum, please contact Person Name at Phone Number.

Attachment

cc: Name, Equal Opportunity Specialist, FHWA, XXXXXXX Division Office

APPENDIX E-19
ADA COMPLAINT
LETTER TO COMPLAINANT
RESPONDENT'S FAILURE TO COOPERATE AND PROVIDE
REQUESTED INFORMATION
(Complaint Referred to DOJ for Enforcement)

In Reply Refer To: xxx-xx
DOT #xxxx-xxxx

Name of Complainant
Address
City, State, Zip Code

Dear Name of Complainant:

This is in reference to the complaint of discrimination filed against the Name ofRespondent, alleging violations of the Americans with Disabilities Act of 1990 (ADA). The complaint was investigated by our XXXXXXX Division Office. As a result of the investigation, a settlement agreement was negotiated between our Division Office, the Name of Respondent and yourself in Date, Month and Year. The Name of Respondent installed sidewalks and curb cut ramps of appropriate size, spacing and slope to create an accessible route as identified in the complaint. However, the required detectable warning panels were not installed during the initial ramp construction. Therefore, the curb cut ramps as constructed are not ADA compliant.

You also raised concerns over motor vehicle parking on the sidewalk constructed under the negotiated settlement agreement. The Name of Respondent was advised of these concerns by our XXXXXXX Division Office in a letter dated _____________. The letter requested that the Name of Respondent respond to our XXXXXXX Division Office by Date.

The Name of Respondent has failed to respond or provide information to our XXXXXXX Division Office as requested regarding its plans to install the detectable warning panels and its plans to ensure that appropriated pedestrian access is maintained to provide full compliance with the ADA.

Since the Name of Respondent has failed to cooperate, the Federal Highway Administration has forwarded the complaint to the U.S. Department of Justice for enforcement in accordance with Title 28 Code of Federal Regulations, Part 35, Subpart F. Any questions about your complaint should be addressed to:

Name of DOJ Official
Title
U.S. Department of Justic
Office
Address
City, State, Zip Code

This concludes processing of this matter by the FHWA and no further action will be taken.

Sincerely yours,

Name of Office of Civil Rights Official
Title

APPENDIX E-20

ADA COMPLAINT
LETTER TO DOJ
RESPONDENT'S FAILURE TO COOPERATE AND PROVIDE
REQUESTED INFORMATION
(Complaint Referred to DOJ for Enforcement)

In Reply Refer To: xxx-xx
DOT #xxxx-xxxx

Name of DOJ Official
Title
U.S. Department of Justice
Office
Address
City, State, Zip Code

Dear Name of DOJ Official:

The enclosed complaint filed under the Americans with Disabilities Act of 1990 (ADA) by

Name of Complainant against the Name of Respondent is being forwarded to your office for appropriate action.

The complaint was sent to our XXXXXXX Division Office for investigation. As a result of the investigation, the XXXXXXX Division Office negotiated a settlement between the Name ofRespondent and the complainant in Date, Month and Year. The Name of Respondent installed sidewalks and curb cut ramps of appropriate size, spacing and slope to create an accessible route as identified in the complaint. However, the required detectable warning panels were not installed during the initial ramp construction. Therefore, the curb cut ramps as constructed are not ADA compliant.

The complainant has raised concerns over motor vehicle parking on the sidewalk constructed under the negotiated settlement agreement. The Name of Respondent was advised of these concerns by our XXXXXXX Division Office in a letter dated __________ (enclosed). The letter requested that the Name of Respondent respond to our XXXXXXX Division Office by Date, Month, Date and Year.

The Name of Respondent has failed to respond or provide information to our XXXXXXX Division Office as requested regarding its plans to install the detectable warning panels and its plans to ensure that appropriate pedestrian access is maintained to provide full compliance with the ADA.

Since the Name of Respondent has failed to cooperate, we are forwarding the complaint to your office for enforcement as required by the regulations. The complainant has been informed of this referral. A copy of our letter to Name of Complainant is also enclosed. If you have any questions regarding this matter, please contact Person Name at Phone Number.

Sincerely yours,

Name of Office of Civil Rights Official
Title

3 Enclosures

APPENDIX E-21

SAMPLE

ADA COMPLAINT
INVESTIGATIVE PLAN

INVESTIGATIVE PLAN

I. COMPLAINANT

Mr. James Doe
123 South Street
Anywhere, USA 14456

II. RESPONDENT(S)

City of Anywhere

III. CONTACT PERSON

Ms. Mary Jane, ADA Coordinator
City of Anywhere
(555) 123-4567

IV. ALLEGATION(S)

Whether the respondent failed to comply with the Americans with Disabilities Act of 1990 (ADA) or Section 504 of the Rehabilitation Act of 1973 by failing to provide accessible pedestrian signals throughout the City for persons with disabilities.

V. ON-SITE DATE

VI. EVIDENCE TO BE OBTAINED DURING THE INVESTIGATION

Documents Needed

  1. Provide a copy of the City's Transition Plan and Self-Evaluation Plan on accessible pedestrian signals.
  2. Provide a copy of any documents which show the implementation or the completion of the items listed in the Transition Plan.
  3. If the City is not in compliance with the ADA, provide information on the City's plans for corrective action.
  4. Provide the date and work completed for the last improvements to the City related to the issued raised in the complaint.

APPENDIX E-22

WRITING THE REPORT OF INVESTIGATION (ROI)

(ADA Complaint)

Writing the Report of Investigation (ROI)

After all of the information has been gathered and no additional investigation or information is needed, it is now time for the investigator to write the ROI. The ROI details the allegations and the analysis of the evidence and also includes the final decision and recommendations for corrective action if needed.

The ROI should not include the names of individuals. The ROI should refer to individuals as either complainant; respondent or respondent's representative; or witness testimony.

Format for the ROI

  1. Complainant(s) Name and Address
  2. Respondent(s) Name and Address
  3. Applicable Law
  4. Allegation/Issues
  5. Position Statement of Respondent/Recipient
  6. Results of On-Site Review
  7. ADA Requirements
  8. ADAAG Requirements
  9. Conclusion
  10. Recommendations

How to Write the ROI

Allegation(s)/Issue(s): The ROI should outline in detail the allegation(s) raised by the complainant. Each issue should be disclosed in this section.

Complainant's Statement: Include any relevant background information that the complainant provides to support the allegation(s).

Respondent's Response: The respondent's response to the complainant's allegation(s) should be placed next. This information is taken from the official position statement or the official interview with the respondent.

Respondent's Policy: The report should now identify respondent's policy regarding the issue(s) raised in the complaint. If respondent does not have a written policy, detail what the unwritten policy or practice is.

Results of On-Site Review of Area: Anon-site review of the area cited in the complaint should be conducted. A detailed analysis of the area should be described in this section.

ADA Requirements: The ADA requirements for the problem determined to exist and confirmed by the results of the on-site review should be discussed.

ADA Accessibility Guidelines: The ADAAG requirements for the problem should be discussed.

Conclusion: Based on the on-site review and the ADA and ADAAG requirements, the investigator needs to determine whether the respondent is or is not in compliance with the ADA.

Recommendations: Outline in detail all actions the respondent needs to take to come into compliance.

Final Decision: Rendered by HCR.

**The above steps should be taken for each allegation/issue raised in the complaint.

APPENDIX E-23

SAMPLE

REPORT OF INVESTIGATION (ROI)
(ADA Complaint)

REPORT OF INVESTIGATION

I. Complainant Name/Address

Name of Complainant
Address
City, State, Zip Code

II. Respondent

STA

Point of Contact

Name of STA Official
Title
Office
STA
Address
City, State, Zip Code
Telephone Number

III. Applicable Laws

Americans with Disabilities Act of 1990 (ADA)
Section 504 of the Rehabilitation Act of 1973 (Section 504)

IV. Allegation(s)/Issue(s)

1. Whether access violations exist at the following locations:

2. Whether ADA/Section 504 violations exist on the following projects:

V. Respondent's Response

Note: The bold text is the complainant's allegations and recommendations, and the un-bold

text is the respondent's response.

Allegation #1

Whether access violations exist at the following locations:

1. ____________________________(the site)

The XXXXXXXXXX is a tourist attraction and located at the end of the XXXXXXXXXX

XXXXXXXXXX. The Project was completed in date, month, year. However, the contract completion has not been accepted due to several outstanding punch list items to be resolved by the contractor. The XXXXXXXXXX construction project was completed in the summer of year.

The design criteria for the ADA compliance should have included the ADA, UFAS, ADAAG or Title 24.

The site repairs were based on the Uniform Building Code – Title 24, STA Design Information Bulletin 82-01, STA Standard Plans and the ADAAG.

No detectable warning surface on curb ramps.

trunc dome DSCN0118
Before After

All curb ramps on the site are receiving truncated domes. The construction is in progress and anticipated to be finished by the end of fiscal year.

Platform landing at top of ramp adjacent to the XXXXX parking lot where the wheelchair ramp leads to the XXXXXXXXX sidewalk is not 4 feet deep/wide, as required, and creates a dangerous condition with multiple cross-slopes.

Before After
(truncated domes will be added)

The Curb ramp was moved to give 4' landing for ramp and 4' landing for curb ramp.

Pedestrians and bicycles should have separate pathways. Detectable warning surface (truncated domes) should be considered to define the separation between the bicycle trail and the pedestrian pathway.

(Photo of white strip alongside road) - White Stripe to be repainted under current construction contract

STA will make no changes to the sidewalk. There is now a 4" stripe between the bike path and the sidewalk. While fixing the cross slope on the sidewalk, a small barrier was created between the sidewalk and the bike path. The 4" stripe remains at the edge of the bike path. The white stripe will be repainted under the current construction contract.

Van accessible signs need to be installed. There appear to be no Title 24 Department of Motor Vehicle "tow-away" signs at either the entrance to the parking area or at each accessible parking space as required by Title 24.

At all 4 of the van accessible parking stalls, signs have been installed and a "tow-away" sign was also installed at the entrance/exit of the site.

"No Parking" – sign needs to be installed at hatched areas next to disabled parking stalls.

A "No Parking" sign was added to hatch areas indicating the aisle adjacent to the accessible space.

Photo depicting: "No Parking" sign and "Van Accessible" sign.

Need Contrasting color on the noses of the tread of stairs throughout the site.

Photo depicting: 2quot; non-slip and contrasting color

All stair threads on the site have 2" non-slip and contrasting color at the edge of stair nosing.

There is a problem with bottom of the gutter down spouts protruding out away from the building exterior wall and door stop installed in paving several inches from the wall.

Photo depicting gutter down spouts protuding out away from building Photo depicting gutter after exterior wall and door stop installed
Before After

All protruding down spouts have been removed. The protruding down spouts in the area of the pavers has not been removed because water on pavers will cause the ground to sink.

Handrails need to be installed at the south-facing stairway adjacent to the XXXXXXXXXX. Railings are more than 8' apart and there are no railings adjacent to the low walls.

Before picuture of steps without hand rail. Photo of steps after hand rail installed.
Before After

Handrails have been installed on both sides of the three sets of stairs leading to the XXXXXXXXX. At the top plaza where the statue is located, this area is not large enough to require handrails every 8'. Handrails were installed on both sides of all existing stairs on the site.

STA should provide a vibration free zone of smooth paving 36" wide.

Photo Depicting: 35" of vibration free zone of smoothing paving

The plaza/ramp between the restrooms and the XXXXXXXX had a landing with a cross slope greater than 2%. This required the pavers to be reset between the granite and the flagpole. The concrete edging was expanded from 18" to 36" in two locations.

The ramp to the maintenance staff break room needs to have paving repaired and ramp at door improved to be compliant. Missing hand rail segments need to be replaced and compliant.

DSCN0127
Before After

The ramp to the maintenance break room was removed, replaced and new handrails were installed. The ramp and handrails are now ADA compliant.

Drinking fountains need to be in an alcove. They are protruding from a wall in the new rest room breezeway and could be an obstacle for blind people. The bottom horizontal member on the steel rail around the drinking fountain has been omitted during construction and should be installed.

Per the ADAAG a drinking fountain can be installed in a recessed alcove or flush mounted to a wall face with grab bar wing walls, not both. The grab bar wing wall has been replaced with a horizontal member.

Photo depicting: Locatio of cross bar

Pay telephone enclosures protrude 12" from the wall. The bottom of the telephone platform needs to be 27" above grade. The platforms are 28 1/2" above the paving. No signage is provided to define the telephones as accessible and having volume control as required.

Telephone enclosures lowered to 27" above grade

The telephone enclosures were lowered to 27" above grade. Three telephones have been installed and one is a TTY telephone with appropriate signage.

Recommendation -Entry gates on the restrooms must have 10" high kick plate at the bottom of each door to enable wheel chair foot petal bumpers to push the door open. The plates must be installed to be flush with the edge of door.

Photo depicting: Entry gates on the restrooms 10" high kick plate

The doors are locked in the closed position or the open position. There is no instance where a person in a wheelchair would need to push the door. Since this is a recommendation and not a code violation no action is required.

Exterior doors on all the facilities should be tested for 5 pounds of closure force as required for compliance.

All doors have been tested and adjusted to the 5 pounds of closure force as required.

Signage for rest rooms designating gender need to be located on the doors.

Photo depicting: Signage for rest rooms designating gender on the doors.

Accessible signage has been installed on the restrooms doors.

Gender designation sign on restroom door/gate needs to be 1/4" thick.

New signs have been installed with the 1/4" thickness.

Dispensing equipment and mirror in restroom need to be 40" from floor.

Photo depicting: Dispensing equipment and mirror in restroom 40" from floor.

The restroom accessories are installed according to ADA requirements.

Recommendation – Faucets need to stay on 10 seconds.

Faucets are electronically activated by hand movement; therefore, are exempt from the Title 24 requirements.

Recommendation – Push button for toilet flushing should be located on the wide side of stall wall to be ergonomically convenient.

Photo depicting: recommended - Push button for toilet flushing located on the wide side of stall wall to be ergonomically convenient.

Sensor flush valves operate when an individual moves away from the toilet, placing it adjacent to the toilet may not trigger the sensor to flush. Since this is a recommendation and not a code violation no action was taken.

Recommendation – Wall area next to disabled toilet needs to be clear of faucets and accessories because users need to back motorized wheelchairs up next to the wall and may damage battery packs.

The contract plans indicated that the toilet seat dispenser was located within the widened area next to the toilet for ease of accessing the seat covers. If the dispenser is mounted too low it can be relocated a maximum of 40"above the floor within the widened area. Since this is a recommendation and not a code violation no action was taken.

Need to have self-closing door mechanism on disabled rest room stall.

The doors are self-closing and have required periodic adjustment by maintenance forces.

The lower urinal is installed too low to the floor of the restroom.

Photo depicting: The lower urinal is installed too low to the floor of the restroom.

The accessible urinal has a maximum installation height of 17" at the lip of the bowl. There is no minimum requirement; the recommended range is 13" to 17" above the floor surface.

Fire alarms – The project require a finger pull action to activate and should be replaced with a push activated mechanism. Ergonomics may not allow a disabled person to activate the pull alarm.

Photo of a fire alarm

An inquiry regarding accessible requirements for fire alarm pull boxes was directed to the State Fire Marshall's office. The State Fire Marshall's office reported that there are no push-button, fire alarm pull boxes approved by the State Fire Marshall.

2. Second location –

The XXXXXXXXXX was originally built in XXXX. Accessibility improvements were performed in year under STA project xxxxx. An ADA Compliance Assessment for the XXXXXXXXXX was performed in month, year by the Respondent. The Respondent has developed short term and long term solutions. The short term solutions have been instigated. A project must be initiated for the long term solution. A request for the initiation has been made. Listed below are the Respondent's short and long term solutions.

Accessible Parking

Short Term Solutions

Long Term Solutions

Site Accessibility

Short Term Solutions

Long Term Solutions

The on-site conducted on month, date, year of the XXXXXXXXXX by the FHWA's Investigator, also revealed that the pedestrian signal button is inaccessible (too high) and curb ramps at the corner are inaccessible.

3. Third location-

The XXXXXXXXX is located under Highway XXXX in City, State

The Respondent stated that the XXXXXXXXX belongs to the City, State.

The Respondent has an airspace lease from the City, State dating back to month, date, year.

The Respondent will have STA's Representatives work with the City to resolve the issue.

The on-site conducted on month, date, year of the XXXXXXXXXX Facility by the FHWA's Investigator and STA' revealed that the parking spaces are inaccessible. The STA' Representatives stated that as a solution to the issue they could move the inaccessible handicapped parking spaces from the beam areas and install handrails for assisting persons with disabilities to get in/out of their cars.

Photo show structural horizontal beams located above handicapped parking space. Photo show structural horizontal beam being measured.
Photo show structural horizontal beams located above handicapped parking space. Photo show structural horizontal beam being measured.

4. Fourth location –

The XXXXXXX Bus Shelter is located on XXXXXXXXXX in the Town of XXXXX, in XXXXX County at the North/East side of the XXXXXXX. The Bus Shelter was originally built in 1957.

The Respondent stated an assessment of the accessibility of the Bus Shelter was performed in year. Intermediate improvements were developed and implemented in month, year, and an accessible handicapped access ramp was installed at the pathway leading to the Bus Shelter/Stop, and at this time there are no further plans for improvements.

The on-site conducted on month, date, year of the XXXXXX Bus Shelter, revealed that an accessible handicapped access ramp was installed at the pathway leading to the Bus Shelter/Stop.

Allegation #2

Whether ADA/Section 504 violations exist on the following projects:

STA's new curb ramp standard plan

The Respondent provided FHWA with a copy of its New Curb Ramp Standard Plan (the plan). The plan is currently being reviewed by FHWA's Division office. The Respondent also provided FHWA with a copy of its Transition Plan dated 1997.

Access to the STA's' Building in XXXXXXXX

The Respondent stated that it planned to update both of the entrances to the Headquarters building, located at XXXXX (XXX front entrance and XXXX back entrance) in fiscal year XXX. The plan was to install a ramp at the XXXX entrance (front entrance), and to remove and replace the existing ramp at the XXXX entrance (back entrance), to bring the building into compliance with the Uniform Federal Access Standards, and Title 24 XXXX Code of Regulations. The plan to install the ramp at the XXX Street entrance was approved but the State Historic Preservation Office would not allow the ramp to be installed. An alternate plan to install a lift was developed. The lift project has been reviewed and approved by the State Fire Marshal's Office and the Division of the State Architect, Office of Universal Design. The lift project is completed.

Funding for the new ramp project (XXX Street back entrance/existing ramp) has been received from the Department of General Services (DGS). A project number, project manager and design staff have been assigned to the project. Preliminary plans and a project estimate have been completed. Work drawings shall be completed and the bid opening is scheduled for the spring of year. The construction phase is scheduled for month through month, year.

The on-site conducted on month, date, year of the STA's XXXXXXXX Headquarters Building, revealed, the front entrance (XXX Street entrance) is inaccessible to persons with disabilities. There is a sign posted that reads: "Disabled Visitors Enter at XXXXX Street" (back entrances). There is an access ramp located at the back entrance of the building (XXX Street) for persons with disabilities to enter into the building. The ramp is inaccessible for persons with disabilities because the slope is too high (exceed the 2% grade required). Photos below show both entrances to the building.

Front entrances to building
Front entrances to building
Back entrance access ramp for disabled visitorsBack entrance access ramp for disabled visitors
Slope too high.

STA Signal Project

The respondent does not have a signal project. The respondent has provided the FHWA with a copy of its "Manual on Uniform Traffic Control Devices (MUTCD) Year XXXXX Supplement Charter 4E. Pedestrian Control Signals."

VI. ADA Requirements

VII. Conclusion

Based on the information reviewed during the investigation, the FHWA finds that the STA is in violation of the ADA with regard to the locations and the items outlined below:

1. XXXXXXXXXXXXXXXXXXX

2. XXXXXXXXXXXXXXXXXXXXXXXXX

3. XXXXXXXXXXXXXXXXXXXXX

VIII. Recommendations

The FHWA recommends that STA update its Transition Plan within the next six months to include the New Curb Ramp Standard Plan, and the Manual on Uniform Traffic Control Devices (MUTCD) Year XXXXXX XXXXXXXXXXXXXXX. The Transition Plan should include a schedule and timetable for completion of all work.

The FHWA will request STA address the issues outlined above within the next six months.

U.S. Department of Transportation
Federal Highway Administration
Headquarters, Office of Civil Rights,
Investigations and Adjudication Unit
Southeast Federal Center
1200 New Jersey Avenue, SE
HCR-40, Room E81-101
Washington, DC 20590

202/366-0693 or Fax: 202/366-1599
TTY: 202/366-5751

Visit us on the Web:

https://www.fhwa.dot.gov/civilrights/index.cfm

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Page last modified on May 18, 2012.
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