ADA Complaint Process & Procedure

ADA Complaint Process & Procedure

To set forth the Agency’s commitment to providing reasonable accommodation to clients, customers, program participants, or consumers of the recipient and any subrecipients by responding to complaints on a case-by-case basis through an interactive process.

SCOA is committed to providing a fair process to all individuals seeking reasonable accommodation by responding to complaints. This process is intended to comply with the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973 by responding to complaints for reasonable accommodations from program beneficiaries (e.g., program participants, clients, customers, or consumers, etc.) as part of its nondiscrimination obligations under the acts.

Responsible Official

The SCOA AAA Director is responsible for ADA Complaints and has designated the following as the Americans with Disabilities Act (ADA) Compliance Officer:

Ms. Kimberly Smith, Community and Facilities Program Manager

Please use the contact form on this page to contact this official.

ADA Complaint Process

The Sowega Council on Aging’s complaint process covers complaints filed by an individual or group of individuals under the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973, relating to any planning process, program or activity administered by the Sowega Council on Aging. The process does not deny the right of the complainant to file formal complaints with other state or federal agencies, or to seek private counsel.

Definitions:

  • The Americans with Disabilities Act (ADA) is a piece of civil rights legislation, requiring that no person can be discriminated against based on ability.
  • Section 504 is part of the Rehabilitation Act of 1973 which created groundbreaking protections for those with disabilities in the United States. Section 504 prevents discrimination in employment, access to services, and benefits for individuals based on their disability by organizations and governments that receive federal funding. The agency must make “reasonable” accommodations for an individual’s disability in order to work or receive services.
  • Complaint: Any verbal or written communication received by the ADA Compliance Officer from members of the public referencing a general complaint regarding the inequitable distribution of benefits, services, amenities, programs or activities financed in whole or in part with federal funds is perceived as an informal charge. A complaint is further defined as any written complaint by an individual or group seeking to remedy perceived discrimination by policies, practices or decisions, which have an adverse impact resulting in inequitable distribution of benefits, services, amenities, programs or activities financed in whole or in part with federal funds.

Filing a Complaint:

  • A complaint should be filed within 180 days of the alleged incident. Complaints may be filed with the ADA Compliance Officer via the Complaint Form.
  • Complainants may also file a complaint directly with other state or federal agencies or seek private counsel. In accordance with federal and state regulations, the Agency will treat any complaints and disability-related information in a confidential manner.

Responsibility

The AAA Director of the Sowega Council on Aging is responsible for ADA Requests and Complaints and has designated Ms. Kimberly Smith, Facilities and Programs Manager, as the ADA Compliance Officer.

Intake and Processing:

  • Any individual may submit a verbal or written complaint to the ADA Compliance Officer.
  • All complaints will be assigned a tracking number upon completion of the complaint form and added to the tracking sheet.
  • An investigation will occur unless there is omission of facts which could establish intentional unequal treatment, or the complainant is not a primary beneficiary of the federal funding received by SCOA.
  • If a determination is made that the matter is outside the scope of ADA guidelines, then a notification will be provided to the complainant in writing within 10 business days of receipt of complaint.
  • If the matter is determined to be within the scope of ADA, the ADA Compliance Officer will notify the complainant and begin an investigation within 10 business days of receipt of the complaint.

Investigation, Determination and Recommendation:

  • The ADA Compliance Officer will investigate inclusive of the following steps: the basis of the alleged unequal treatment; ascertain when and where the alleged unequal treatment occurred; identify and interview all relevant parties, review documents; and obtain other factual information from appropriate sources.
  • A record of all discussions will be maintained, and documents related to the investigation will be retained in a confidential file by the ADA Compliance Officer.
  • Based upon the conclusion of a thorough investigation, a report will be prepared summarizing the findings and suggesting appropriate corrective action, along with a proposed resolution.
  • The investigation will be conducted and completed within 60 days of the receipt of the formal complaint.
  • The investigative report will be submitted to the SCOA AAA Director.

Communications of Findings and Complaint Resolution:

  • The AAA Director of the Sowega Council on Aging will accept, reject, or modify the investigative report.
  • Written notification will be provided to the complainant of the findings and proposed resolution within 30 days.

Notification to Program Beneficiaries

This information will be provided on the SCOA website and provided to all clients, customers, program participants, or consumers of the recipient and any subrecipients in alternative formats and languages as required. SCOA has the capacity to translate the ADA Complaint Procedure via the agency website into the following languages on an as needed basis:  Spanish, and Korean. In addition, SCOA partners with Hamilton Relay to provide telecommunications relay services for the state of Georgia including TTY, Voice Carry Over (VCO), Hearing Carry Over (HCO), Speech-to-Speech (STS), Spanish and CapTel.

Dial 711 to use Hamilton Relay in Georgia or call one of the toll-free numbers below:

  • TTY: 800-255-0056
  • Voice: 800-255-0135
  • Speech to Speech: 888-202-4082
  • Spanish to Spanish: 888-202-3972 (includes Spanish-to-Spanish and translation from English to Spanish)

Monitoring ADA Complaint Requests

All requests will be monitored using an Excel spreadsheet and will include the following:

  • Initial Date
  • Assignment of a case number
  • The first and last name of the complainant
  • A summary of the reasons for the complaint
  • Request approved or denied
  • Summary notes (i.e., proposed resolution, recommendation, etc.)

Appeal of Denial:

  1. An individual wishing to initiate an appeal must do so within 10 calendar days from the date of denial by submitting a written request to the SCOA AAA Director.
  2. The AAA Director will review the complaint, and all pertinent information prior to making the final decision on the
  3. The individual will be notified in writing within 10 business days of the final decision of the SCOA AAA Director.

In accordance with federal and state regulations, SCOA will maintain the confidentiality of and appropriately secure any personally identifiable information (PII).

REASONABLE ACCOMMODATIONS

It is the policy of the Company to comply with all the relevant and applicable provisions of the federal Americans with Disabilities Act (ADA) and Pregnancy Discrimination Act (PDA), as well as state and local laws concerning the hiring and employment of individuals with temporary and ongoing disabilities. Pregnant workers may also have impairments related to their pregnancies that qualify under the ADA. The Company will not discriminate against any qualified employee or job applicant because of a person’s physical or mental disability with respect to any terms, privileges or conditions of employment, including, but not limited to hiring, advancement, discharge, compensation and training.

Employees who become disabled should notify their supervisor or manager if the conditions of the disability impair their ability to perform the essential functions of their position. Where necessary and feasible, reasonable accommodations will be made for qualified disabled employees to perform the essential functions of the job in question, as long as the accommodation does not cause the Company undue hardship. The Company will also make reasonable accommodations for employees who have work-related limitations stemming from pregnancy, childbirth or a related medical condition. This may include temporary transfer to a less strenuous or less hazardous position, if an employee so requests upon the advice of their health care provider, as long as the accommodation does not cause the Company undue hardship.

All employees are required to comply with safety standards. Applicants who pose a direct threat to the health or safety of other individuals in the workplace, which cannot be eliminated by reasonable accommodation, will not be hired. Current employees who pose a direct threat to the health of safety of the other individuals in the workplace will be placed on appropriate leave until a decision has been made by management in regard to the employee’s immediate employment situation.

ADDITIONAL RESOURCE LINKS