Show 05 __ Filing Disability Rights Complaints
In this episode, Diego Demaya moderates a presentation by Aaron McCullough on the topic of "Filing Disability Rights Complaints: Why Should You, How Do You and What Not to Do". The full-length webcast originally aired on July 26, 2006 and can be found at:
Filing Disability Rights Complaints Webcast
The Southwest ADA Center Podcast, Show number 5.
(music)
Beth Case: Hello, I'm Beth Case and welcome to the Southwest ADA Center Podcast. This podcast brings you excerpts and highlights of the longer webcasts offered by the Southwest ADA Center. As always, if you like the information in this podcast and would like to hear the full webcast, you can find the link to the full show on our website, which is www.ada-podcast.com.
In this show, we're bringing you the topic "Filing Disability Rights Complaints: Why Should You, How Do You and What Not to Do". The presenter is Aaron McCullough and the moderator is Diego Demaya, both from the Southwest ADA Center. And this show originally aired on July 26, 2006.
(music)
Aaron McCullough: Okay, the process goes fairly simply like this: You feel that you've been discriminated against. And this is something that's happened fairly recently. Why is that important? Well, I'm going to back you guys up a little bit. When you're considering filing a complaint of discrimination, you need to consider those old classic questions of journalism, the who, the what, the where, the when and maybe even the which, but never the why. And I'll kind of explain why that is.
The who is very important. You need to, one, assert that you are a person with a disability or that you're doing this as the behest of someone with a disability, let's say a spouse or a parent for a child or a person with a disability who may not be able to write. You have to assert that the aggrieved person is a person with a disability. Okay? That's mightily important. I have a mild hearing impairment that's very, very mild. Yes, I have a physical impairment, but it's not severe enough to need to be corrected at this point. I'm not a person with a disability. The Americans with Disabilities Act and most of these other laws are meant to serve people who have significant impairments of physical and mental. And the definition is fairly complex and is hotly litigated, but essentially it's this, if the person with physical or mental impairment that substantially limits them in one or more major life activities. And again, this is a hotly litigated definition, but what it means essentially is we're talking about somebody who has a fairly significant physical or mental impairment that's not temporary. So breaking your leg isn't -- doesn't mean that you're a person with a disability. You're certainly impaired, but if you're going to heal in a month or two months or six months, then you're not probably a person with a disability under the Americans with Disabilities Act. But keep in mind you neat to assert -- if you feel that you're a person with a disability, you need to assert that you're person with a disability or representing their interest. That's one of the parts of the who.
The second part of the who is who discriminated against you? What agency? What individual? What is the relationship?
Where can you be contacted? You need to give them an adequate mechanism for them -- for the agency to contact you back to ask for other information in case they want to make a deeper inquiry. So you have to have a way to receive some sort of message and that may be someone else's phone, fax, a post office box, something. Unfortunately they do need a way to contact you. They will not entertain anonymous complaints or at least a representative from one of the offices on civil rights at the federal level has assured me they won't entertain anonymous complaints. So this is again having a way to contact you is another issue of credibility of the complaint. You should provide as much information of how to contact the agency of discrimination. So you will need to look up the address if you haven't kept a record or have a business card or a hotel bill. You may need to get in the phone book and call them up and ask for their address. You don't have to represent that you're doing it to file a complaint, but you may need to do at least that much legwork. The what -- you need to allege that you were discriminated against. I know that sounds -- I know that sounds rather elementary, but you have to assert that you're a person with a disability and you were discriminated against and what actually happened. Now, you don't have to be an attorney. You don't even have to know every aspect of law, but you need to assert that you were denied access, that you were treated differently than other people without disabilities or other customers without disabilities.
Now, ironically, out of all these federal agencies that receive complaints that are investigative agencies, the U.S. Department of Agriculture, I think, has the clearest set of guidelines as to what to include in your complaint letter. And again, they kind of lay it out in this who/what format you need to lay the basis of your complaint out. What do you believe was the motivating factor for discrimination? How were you deprived from access? What kind of programs were you denied? Or what is it about the facility that actually creates a real barrier to you? And be very specific about including any -- any facts that would suggest that you were denied a benefit or service that other people weren't and even better if the discriminating party was silly enough to give you this in writing, you should probably include that or rather a copy of that. Now, a lot of people laugh and say that never happens, but I have seen letters from physicians stating that they will not serve a patient and that the only basis was that person used a wheelchair. No other explanation as to why that -- as to what the rationale is. No assertion of a defense as to why that might be a lawful thing, just a flat denial. Now, regrettably, when I saw this letter, it was in the hands of somebody who had been discriminated against three years ago and that brings me to the next big journalist particular question, when.
In most set of circumstances, you need to file a complaint, if you're choosing to go that route, within a 180 days or approximately six months from the date of the discrimination. Now, in most set of circumstances, that's an absolute bar if it's passed 180 days in most set of circumstances that's your absolute limit. And so speaking of the general situation here, there are certain circumstances where it can be extended, but it's never going to be extended that long. Unfortunately, all too often, we're hearing about complaints that, you know -- about discrimination that occurred two, three, five and ten years ago. And that still pisses the person off -- the person with the disabilities off, and I understand why that may be, but you have to put those complaints behind you. If the discrimination occurred then, it's uneven forcible. Now, a little bit different when you're talking about like a facility-related issue. You know, you may have tried to access the McDonald's let's say 200 days ago and you wrote them copious letters and E-mails and they promised to fix it and they never did and you've never been back. Well, that discrimination may have taken place 200 or 300 days ago and you can still go by that McDonald's and if they haven't put a single curb cut up to the really high sidewalk and you feel that's discriminatory, well, it still is. So, again, that's still an active complaint. That brings me --
Diego Demaya: The accessibility of the complaint process itself and how should someone who wants to file a complaint address issues when, for example, the process of filing the complaint is not accessible. The website, for example, intake form, or the telephone menu is too complicated and they can't navigate it.
Aaron: Well, in that set of circumstances, they're going to need to request an accessible form be sent to them or in most set of circumstances, you don't have to have a form. None of these agencies require you to use their form even if they have one. They will entertain a complaint letter that sufficiently alleges that you're a person with a disability that was discriminated against in this set of circumstances and with enough facts for them to pursue it. So that may be the cure right there. There may be circumstances where someone's disability is so complicating that it seems like they can't be assisted, but they can certainly request that these agencies try to offer some mechanism to communicate with them effectively. They all -- they all make an effort to be accessible. All federal websites are supposed to be minimally accessible and 508 compliant by now, and all of these investigative agencies that I have checked -- and I think they all do -- have telecommunication devices for the deaf, and again, all of them will entertain a complaint or a charge letter that's not completed on their forms. And all of them should accept the complaint where the responsible party has been assisted by someone in filling it out; but inevitably, the person with the disability has to do the work. Or at least get assistance in doing the work and doing the advocacy.
Diego: Okay. Let me throw another one at you. This relates to someone who apparently requested an interpreter for a court hearing and the court denied it. The question is -- and this is assuming that the court had to provide an interpreter to begin with. The question is who would such a complaint go to? Would that become a federal complaint? Do you do it locally with the court clerk?
Aaron: That's a good question, actually. Now, again, we're talking about federal laws. So these complaints are filed with federal agencies. Now, I'm assuming this is not a federal court. I'm going to assume that this is in fact a --
Diego: This is a state court.
Aaron: a state court, but this is a state and local governmental entity. The Americans with Disabilities Act, Title II, covers the rights to programs and services provided by state and local governmental entities which includes everything from the governor to the state legislature to law enforcement, public schools and public universities and even the courts and police. I know a lot of people have a hard time wrapping their head around it, but getting arrested, formally charged and prosecuted is actually a program and service of a public agency. And to the extent that you're a person with a disability, getting arrested, charged and convicted -- certain of your rights need to be respected. Now, access to interpreters in court is a -- is a subject for an entire webcast because it gets very, very complicated with a lot of state schemes and the underlying obligation for public entities is not to provide interpreters, it's to provide effective communication. That complicates things immensely, but assuming it was a state court or a district court, then as I detailed, it's a Title II entity.
Now, in most sets of circumstances, those complaints would be filed with the U.S. Department of Justice. If you feel that you've been discriminated against because you've been denied a requested -- an a come indication of an interpreter and that communication failed, that it was ineffective and that your rights were degraded because of that, then you would file a complaint with the U.S. Department of Justice alleging that you're a person with a disability that this court and in particular this judge and this setting at this time and this location and you can contact them here and you can contact me here failed to provide an interpreter after I had requested one. Communication failed and I couldn't par fist Pate in my own defense, for example, and you can file a complaint with the U.S. Department of Justice.
Diego: So one main idea that's really important is that you clearly explain what your problem was.
Aaron: and what your problem was -- again, state that you're a person with a disability. Give as much good contact information as you can. I'm kind of walking you guys through baby steps on these who, what, when and where.
Diego: The general question is why should we what will that do?
Aaron: I think I kind of made that clear at the beginning. If you don't try to pursue your rights, you will not have them. If but for the specter of a lawsuit or a complaint and enforcement action hanging over the heads of employers, business owners, public agencies, but for that fear, a lot of folks would not comply with the law. Far many employers, public agencies, state and local governmental entities, private commercial property developers would avoid complying with the law, but for the fear of that complaint. That's what will happen.
Now, you do have a little bit of time. So I would encourage you to do everything you can to document this well. I think we've alluded to the fact that in some cases you can actually get evidence from the person who is discriminating against you. If you're being charged a surcharge for a service for, you know, for an assistive service or for access to, for example, accessible seating, that's probably going to be an unlawful surcharge. You may actually have a record of it, but you never send originals.
What to include along with your complaint -- remember, provide enough facts to be specific about the nature of the discriminating act or the barriers that you face that you feel are unlawful, but if you have any supporting documentation, send that along. It is absolutely true that a picture is worth a thousand words. If you can print out additional photos or send along a copy of -- from a film camera, but remember only send copies, of a brand new facility that has no way for somebody who uses a mobility aid to get into it, then that's going to clearly make the case for that responsible investigative agency. So, again, I encourage you to use photos when that's appropriate, to send copies of correspondence that you have sent back and forth. So if you've spent some time negotiating with, let's say, a small business or an employer, et cetera, and you have a communication trail, you should send copies of that.
Now, I also encourage people when they think this may be an issue, and I know Diego does this as well, that you do need to create the paper trail. All too often we'll talk on the phone and that doesn't really create much of a paper trail. Now, I think it's appropriate to talk to people on the phone, but you can follow up with an E-mail detailing the nature of the conversation and, for example, assuring them that you will get back with them later in the week. Now, that's created at least some documentation that you communicated with them at some point. Try to get people to render denials in writing if you can. If they're going to deny you access, try to get them to write it down. Now, that tends to put people on notice and they tend to stop discriminating any number of times if you ask them to do that, but don't be dissuaded from filing a complaint if you don't have this kind of information. I'm just saying that if you do have communications back and forth, try to create the paper trail and then send along copies of that correspondence. Anything that you can do to show that you have tried to reasonably negotiate and you have been unreasonable I denied access or have been treated in a discriminatory manner is going to be all that much more evidence that that party is actually discriminating against you and that makes it so much easier and more interesting for the investigative agency. So again never send originals. All too many people have sent copies and not put enough postage. You know, don't send originals. Keep copies of all the correspondence that you send in support of the complaint. So that if you have to refile it, you certainly can.
Now, as I said at the very beginning, when we started this list of classic journalistic questions, that you really shouldn't concern yourself so much with the why. When people call the ADA and IT center hot lines, all too often they are wrapped up in the why. Why did this happen? Why did he do that? Why is the school acting like this? Why haven't they fixed the door to the bathroom? And I'm going to say that with regards to your complaint, in most times that's a useless waste of concern. The why someone is discriminating against you is probably because they are cheap and greedy or they are ignorant and in most cases that's the case. Ignorant of their obligations or hoping they never get caught because they don't want to spend the money. That's probably the why, but again, all too many people wrap all their emotions around that and rather than doing effective advocacy or self-advocacy, get wrapped up into trying to solve the why and trying to deal too much with the emotions or the rationale behind this. I'll be honest with you, if somebody is discriminating against me, I don't care why. I want them to stop. I'm not saying that you shouldn't exude your passion when you're filing a complaint. Show them that you're hurting and that you're angry and that this is important to you, but get the facts down. Don't -- don't throw out speculations as to why this may have occurred if you haven't put the facts down as to what actually occurred and who you are and how you can be contacted and how they can be located or the discriminating party can be located.
It's pretty straightforward process. Send this to one of the responsible agencies and again we've given you a really easy rubric in that handout which again is titled enforcing accessibility requirements. In most set of circumstances you can figure out from that list, which is done in a simple Q. and A. format which agency to file this with. And you need to indicate that you -- who you are or who you're doing this for if you are assisting somebody with a complaint. You need to provide enough contact information for yourself, for the invest gate tiff or enforcement agency to get back with you. You need to provide enough specific information so they can locate the discriminating party or program or agency. You need to allege with specificity that you have -- that you're a person with a disability and that you have been discriminated against and you must give them enough facts so that they can decide fairly quickly that this is actually discrimination. And then provide any support documentation that you have including photos. Never send originals and that's pretty much it. The cost of that is an enormous emotional commitment and it may be a pretty considerable commitment of time if it's a complex issue to put all this together, to negotiate, the copy documentation, but inevitably, the real cost of this is in paper and envelope and a 39-cent stamp. And I think that's important to lay out there and as obvious as that is, that's important to lay out there as anything else we've discussed. The fear for whatever reason of a lot of people with disabilities is that this is going to be an expensive or laborious process and it really isn't. If you have access to a computer, in some circumstances, you can file this online nearly instantaneously. I would encourage you if it's a fairly complex issue and you have a lot of documentation that you go ahead and send a paper copy, or follow up with a paper copy of the complaint, but the actual financial costs are fairly low. And that's pretty much it.
(music)
As always, there's a lot of information that was presented in the webcast that just couldn't make it into the podcast. In this case, a lot of information that was left out was how to determine which agency is appropriate to direct your complaint to. So if you are condsidering filing a disability rights complaint, I encourage you to go to the full-length web cast and get all the information. You can find the link to that webcast by going to our web page at www.ada-podcast.com. You'll also find there all of our past shows and transcripts, as well as the transcript of this show.
So until next time, I'm Beth Case, with with Southwest ADA Center podcast.
The Southwest ADA Center is a program of Independent Living Research Utilization at TIRR - Memorial Hermann in Houston, Texas, and is funded by the National Institute on Disability and Rehabilitation Research. If you have questions about disability law or would like to request materials or training, please call 1-800-949-4232. The Southwest ADA Center Podcast is protected by the Creative Commons Attribution Non-Commercial No-Derivative-Works 2.5 License. For more information and transcripts, visit www.ada-podcast.com.
(music)
Beth Case: Hello, I'm Beth Case and welcome to the Southwest ADA Center Podcast. This podcast brings you excerpts and highlights of the longer webcasts offered by the Southwest ADA Center. As always, if you like the information in this podcast and would like to hear the full webcast, you can find the link to the full show on our website, which is www.ada-podcast.com.
In this show, we're bringing you the topic "Filing Disability Rights Complaints: Why Should You, How Do You and What Not to Do". The presenter is Aaron McCullough and the moderator is Diego Demaya, both from the Southwest ADA Center. And this show originally aired on July 26, 2006.
(music)
Aaron McCullough: Okay, the process goes fairly simply like this: You feel that you've been discriminated against. And this is something that's happened fairly recently. Why is that important? Well, I'm going to back you guys up a little bit. When you're considering filing a complaint of discrimination, you need to consider those old classic questions of journalism, the who, the what, the where, the when and maybe even the which, but never the why. And I'll kind of explain why that is.
The who is very important. You need to, one, assert that you are a person with a disability or that you're doing this as the behest of someone with a disability, let's say a spouse or a parent for a child or a person with a disability who may not be able to write. You have to assert that the aggrieved person is a person with a disability. Okay? That's mightily important. I have a mild hearing impairment that's very, very mild. Yes, I have a physical impairment, but it's not severe enough to need to be corrected at this point. I'm not a person with a disability. The Americans with Disabilities Act and most of these other laws are meant to serve people who have significant impairments of physical and mental. And the definition is fairly complex and is hotly litigated, but essentially it's this, if the person with physical or mental impairment that substantially limits them in one or more major life activities. And again, this is a hotly litigated definition, but what it means essentially is we're talking about somebody who has a fairly significant physical or mental impairment that's not temporary. So breaking your leg isn't -- doesn't mean that you're a person with a disability. You're certainly impaired, but if you're going to heal in a month or two months or six months, then you're not probably a person with a disability under the Americans with Disabilities Act. But keep in mind you neat to assert -- if you feel that you're a person with a disability, you need to assert that you're person with a disability or representing their interest. That's one of the parts of the who.
The second part of the who is who discriminated against you? What agency? What individual? What is the relationship?
Where can you be contacted? You need to give them an adequate mechanism for them -- for the agency to contact you back to ask for other information in case they want to make a deeper inquiry. So you have to have a way to receive some sort of message and that may be someone else's phone, fax, a post office box, something. Unfortunately they do need a way to contact you. They will not entertain anonymous complaints or at least a representative from one of the offices on civil rights at the federal level has assured me they won't entertain anonymous complaints. So this is again having a way to contact you is another issue of credibility of the complaint. You should provide as much information of how to contact the agency of discrimination. So you will need to look up the address if you haven't kept a record or have a business card or a hotel bill. You may need to get in the phone book and call them up and ask for their address. You don't have to represent that you're doing it to file a complaint, but you may need to do at least that much legwork. The what -- you need to allege that you were discriminated against. I know that sounds -- I know that sounds rather elementary, but you have to assert that you're a person with a disability and you were discriminated against and what actually happened. Now, you don't have to be an attorney. You don't even have to know every aspect of law, but you need to assert that you were denied access, that you were treated differently than other people without disabilities or other customers without disabilities.
Now, ironically, out of all these federal agencies that receive complaints that are investigative agencies, the U.S. Department of Agriculture, I think, has the clearest set of guidelines as to what to include in your complaint letter. And again, they kind of lay it out in this who/what format you need to lay the basis of your complaint out. What do you believe was the motivating factor for discrimination? How were you deprived from access? What kind of programs were you denied? Or what is it about the facility that actually creates a real barrier to you? And be very specific about including any -- any facts that would suggest that you were denied a benefit or service that other people weren't and even better if the discriminating party was silly enough to give you this in writing, you should probably include that or rather a copy of that. Now, a lot of people laugh and say that never happens, but I have seen letters from physicians stating that they will not serve a patient and that the only basis was that person used a wheelchair. No other explanation as to why that -- as to what the rationale is. No assertion of a defense as to why that might be a lawful thing, just a flat denial. Now, regrettably, when I saw this letter, it was in the hands of somebody who had been discriminated against three years ago and that brings me to the next big journalist particular question, when.
In most set of circumstances, you need to file a complaint, if you're choosing to go that route, within a 180 days or approximately six months from the date of the discrimination. Now, in most set of circumstances, that's an absolute bar if it's passed 180 days in most set of circumstances that's your absolute limit. And so speaking of the general situation here, there are certain circumstances where it can be extended, but it's never going to be extended that long. Unfortunately, all too often, we're hearing about complaints that, you know -- about discrimination that occurred two, three, five and ten years ago. And that still pisses the person off -- the person with the disabilities off, and I understand why that may be, but you have to put those complaints behind you. If the discrimination occurred then, it's uneven forcible. Now, a little bit different when you're talking about like a facility-related issue. You know, you may have tried to access the McDonald's let's say 200 days ago and you wrote them copious letters and E-mails and they promised to fix it and they never did and you've never been back. Well, that discrimination may have taken place 200 or 300 days ago and you can still go by that McDonald's and if they haven't put a single curb cut up to the really high sidewalk and you feel that's discriminatory, well, it still is. So, again, that's still an active complaint. That brings me --
Diego Demaya: The accessibility of the complaint process itself and how should someone who wants to file a complaint address issues when, for example, the process of filing the complaint is not accessible. The website, for example, intake form, or the telephone menu is too complicated and they can't navigate it.
Aaron: Well, in that set of circumstances, they're going to need to request an accessible form be sent to them or in most set of circumstances, you don't have to have a form. None of these agencies require you to use their form even if they have one. They will entertain a complaint letter that sufficiently alleges that you're a person with a disability that was discriminated against in this set of circumstances and with enough facts for them to pursue it. So that may be the cure right there. There may be circumstances where someone's disability is so complicating that it seems like they can't be assisted, but they can certainly request that these agencies try to offer some mechanism to communicate with them effectively. They all -- they all make an effort to be accessible. All federal websites are supposed to be minimally accessible and 508 compliant by now, and all of these investigative agencies that I have checked -- and I think they all do -- have telecommunication devices for the deaf, and again, all of them will entertain a complaint or a charge letter that's not completed on their forms. And all of them should accept the complaint where the responsible party has been assisted by someone in filling it out; but inevitably, the person with the disability has to do the work. Or at least get assistance in doing the work and doing the advocacy.
Diego: Okay. Let me throw another one at you. This relates to someone who apparently requested an interpreter for a court hearing and the court denied it. The question is -- and this is assuming that the court had to provide an interpreter to begin with. The question is who would such a complaint go to? Would that become a federal complaint? Do you do it locally with the court clerk?
Aaron: That's a good question, actually. Now, again, we're talking about federal laws. So these complaints are filed with federal agencies. Now, I'm assuming this is not a federal court. I'm going to assume that this is in fact a --
Diego: This is a state court.
Aaron: a state court, but this is a state and local governmental entity. The Americans with Disabilities Act, Title II, covers the rights to programs and services provided by state and local governmental entities which includes everything from the governor to the state legislature to law enforcement, public schools and public universities and even the courts and police. I know a lot of people have a hard time wrapping their head around it, but getting arrested, formally charged and prosecuted is actually a program and service of a public agency. And to the extent that you're a person with a disability, getting arrested, charged and convicted -- certain of your rights need to be respected. Now, access to interpreters in court is a -- is a subject for an entire webcast because it gets very, very complicated with a lot of state schemes and the underlying obligation for public entities is not to provide interpreters, it's to provide effective communication. That complicates things immensely, but assuming it was a state court or a district court, then as I detailed, it's a Title II entity.
Now, in most sets of circumstances, those complaints would be filed with the U.S. Department of Justice. If you feel that you've been discriminated against because you've been denied a requested -- an a come indication of an interpreter and that communication failed, that it was ineffective and that your rights were degraded because of that, then you would file a complaint with the U.S. Department of Justice alleging that you're a person with a disability that this court and in particular this judge and this setting at this time and this location and you can contact them here and you can contact me here failed to provide an interpreter after I had requested one. Communication failed and I couldn't par fist Pate in my own defense, for example, and you can file a complaint with the U.S. Department of Justice.
Diego: So one main idea that's really important is that you clearly explain what your problem was.
Aaron: and what your problem was -- again, state that you're a person with a disability. Give as much good contact information as you can. I'm kind of walking you guys through baby steps on these who, what, when and where.
Diego: The general question is why should we what will that do?
Aaron: I think I kind of made that clear at the beginning. If you don't try to pursue your rights, you will not have them. If but for the specter of a lawsuit or a complaint and enforcement action hanging over the heads of employers, business owners, public agencies, but for that fear, a lot of folks would not comply with the law. Far many employers, public agencies, state and local governmental entities, private commercial property developers would avoid complying with the law, but for the fear of that complaint. That's what will happen.
Now, you do have a little bit of time. So I would encourage you to do everything you can to document this well. I think we've alluded to the fact that in some cases you can actually get evidence from the person who is discriminating against you. If you're being charged a surcharge for a service for, you know, for an assistive service or for access to, for example, accessible seating, that's probably going to be an unlawful surcharge. You may actually have a record of it, but you never send originals.
What to include along with your complaint -- remember, provide enough facts to be specific about the nature of the discriminating act or the barriers that you face that you feel are unlawful, but if you have any supporting documentation, send that along. It is absolutely true that a picture is worth a thousand words. If you can print out additional photos or send along a copy of -- from a film camera, but remember only send copies, of a brand new facility that has no way for somebody who uses a mobility aid to get into it, then that's going to clearly make the case for that responsible investigative agency. So, again, I encourage you to use photos when that's appropriate, to send copies of correspondence that you have sent back and forth. So if you've spent some time negotiating with, let's say, a small business or an employer, et cetera, and you have a communication trail, you should send copies of that.
Now, I also encourage people when they think this may be an issue, and I know Diego does this as well, that you do need to create the paper trail. All too often we'll talk on the phone and that doesn't really create much of a paper trail. Now, I think it's appropriate to talk to people on the phone, but you can follow up with an E-mail detailing the nature of the conversation and, for example, assuring them that you will get back with them later in the week. Now, that's created at least some documentation that you communicated with them at some point. Try to get people to render denials in writing if you can. If they're going to deny you access, try to get them to write it down. Now, that tends to put people on notice and they tend to stop discriminating any number of times if you ask them to do that, but don't be dissuaded from filing a complaint if you don't have this kind of information. I'm just saying that if you do have communications back and forth, try to create the paper trail and then send along copies of that correspondence. Anything that you can do to show that you have tried to reasonably negotiate and you have been unreasonable I denied access or have been treated in a discriminatory manner is going to be all that much more evidence that that party is actually discriminating against you and that makes it so much easier and more interesting for the investigative agency. So again never send originals. All too many people have sent copies and not put enough postage. You know, don't send originals. Keep copies of all the correspondence that you send in support of the complaint. So that if you have to refile it, you certainly can.
Now, as I said at the very beginning, when we started this list of classic journalistic questions, that you really shouldn't concern yourself so much with the why. When people call the ADA and IT center hot lines, all too often they are wrapped up in the why. Why did this happen? Why did he do that? Why is the school acting like this? Why haven't they fixed the door to the bathroom? And I'm going to say that with regards to your complaint, in most times that's a useless waste of concern. The why someone is discriminating against you is probably because they are cheap and greedy or they are ignorant and in most cases that's the case. Ignorant of their obligations or hoping they never get caught because they don't want to spend the money. That's probably the why, but again, all too many people wrap all their emotions around that and rather than doing effective advocacy or self-advocacy, get wrapped up into trying to solve the why and trying to deal too much with the emotions or the rationale behind this. I'll be honest with you, if somebody is discriminating against me, I don't care why. I want them to stop. I'm not saying that you shouldn't exude your passion when you're filing a complaint. Show them that you're hurting and that you're angry and that this is important to you, but get the facts down. Don't -- don't throw out speculations as to why this may have occurred if you haven't put the facts down as to what actually occurred and who you are and how you can be contacted and how they can be located or the discriminating party can be located.
It's pretty straightforward process. Send this to one of the responsible agencies and again we've given you a really easy rubric in that handout which again is titled enforcing accessibility requirements. In most set of circumstances you can figure out from that list, which is done in a simple Q. and A. format which agency to file this with. And you need to indicate that you -- who you are or who you're doing this for if you are assisting somebody with a complaint. You need to provide enough contact information for yourself, for the invest gate tiff or enforcement agency to get back with you. You need to provide enough specific information so they can locate the discriminating party or program or agency. You need to allege with specificity that you have -- that you're a person with a disability and that you have been discriminated against and you must give them enough facts so that they can decide fairly quickly that this is actually discrimination. And then provide any support documentation that you have including photos. Never send originals and that's pretty much it. The cost of that is an enormous emotional commitment and it may be a pretty considerable commitment of time if it's a complex issue to put all this together, to negotiate, the copy documentation, but inevitably, the real cost of this is in paper and envelope and a 39-cent stamp. And I think that's important to lay out there and as obvious as that is, that's important to lay out there as anything else we've discussed. The fear for whatever reason of a lot of people with disabilities is that this is going to be an expensive or laborious process and it really isn't. If you have access to a computer, in some circumstances, you can file this online nearly instantaneously. I would encourage you if it's a fairly complex issue and you have a lot of documentation that you go ahead and send a paper copy, or follow up with a paper copy of the complaint, but the actual financial costs are fairly low. And that's pretty much it.
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As always, there's a lot of information that was presented in the webcast that just couldn't make it into the podcast. In this case, a lot of information that was left out was how to determine which agency is appropriate to direct your complaint to. So if you are condsidering filing a disability rights complaint, I encourage you to go to the full-length web cast and get all the information. You can find the link to that webcast by going to our web page at www.ada-podcast.com. You'll also find there all of our past shows and transcripts, as well as the transcript of this show.
So until next time, I'm Beth Case, with with Southwest ADA Center podcast.
The Southwest ADA Center is a program of Independent Living Research Utilization at TIRR - Memorial Hermann in Houston, Texas, and is funded by the National Institute on Disability and Rehabilitation Research. If you have questions about disability law or would like to request materials or training, please call 1-800-949-4232. The Southwest ADA Center Podcast is protected by the Creative Commons Attribution Non-Commercial No-Derivative-Works 2.5 License. For more information and transcripts, visit www.ada-podcast.com.