Disability discrimination compliance procedures

This procedure covers all allegations of discrimination on the basis of disability in programs or activities conducted by the agency, except for employment complaints handled under a different process. The rule at 2205.170(a) explains that paragraph (b) provides the employment exception and that paragraphs (c) through (j) also apply to complaints alleging violations of the agency's obligations to procure accessible electronic and information technology under section 508.

Employment-related disability complaints are processed under the Equal Employment Opportunity procedures rather than this part. Specifically, 2205.170(b) requires that complaints alleging violations of section 504 with respect to employment be handled according to the Equal Employment Opportunity Commission procedures at 29 CFR part 1614.

Any person who believes they have been subjected to prohibited discrimination or whose rights under section 508 were violated may file a complaint, and an authorized representative may file on their behalf. The rule 2205.170(c)(1) states that either the individual or an authorized representative may submit the complaint to the Executive Director.

A complaint must be filed with the Executive Director at the agency address and generally must be filed within 180 days of the alleged discriminatory act. The rule 2205.170(c)(2) gives the filing address as Executive Director, Occupational Safety and Health Review Commission, One Lafayette Centre, 1120-20th Street NW., 9th Floor, Washington, DC 20036-3457, and establishes a 180-day filing deadline with the possibility that the agency may extend that period for good cause.

A mailed complaint is considered filed on its postmark date, or if there is no postmark, on the date the agency receives it. The filing timing rule is stated in 2205.170(c)(2).

After accepting a complete complaint within its jurisdiction, the agency notifies both the complainant and the respondent that the complaint has been received and accepted. This requirement is in 2205.170(d)(1).

If the agency receives an incomplete complaint, the Executive Director must inform the complainant within 30 days that additional information is needed. This is required by 2205.170(d)(2).

If the complainant fails to provide the requested information within 30 days, the agency will dismiss the complaint without prejudice and inform the complainant of the dismissal. The standard explains this procedure in 2205.170(d).

If the agency determines it does not have jurisdiction over a complaint, it must promptly notify the complainant and make reasonable efforts to refer the complaint to the appropriate government entity. This is specified in 2205.170(d)(3).

The agency must notify the Architectural and Transportation Barriers Compliance Board when it receives a complaint alleging that a building or facility subject to the Architectural Barriers Act or section 502 of the Rehabilitation Act is not readily accessible to and usable by individuals with disabilities. This notification duty is described in 2205.170(e).

The agency must notify the complainant of the results of its investigation within 180 days of receiving a complete complaint over which it has jurisdiction. The timing and the requirement to provide specific content in the notification are in 2205.170(f).

The agency must include findings of fact and conclusions of law in the investigative letter to the complainant. This content requirement is set out in 2205.170(f)(1).

The agency must provide a description of a remedy for each violation it finds in the investigative letter. The rule requires that each violation identified be paired with a description of the remedy in 2205.170(f)(2).

The agency's investigative letter must include a notice of the complainant's right to appeal the findings and conclusions. That requirement appears in 2205.170(f)(3).

A complainant must file an appeal with the Chairman within 90 days of receiving the agency's investigative letter, and the agency may extend that time for good cause. The filing requirements and the 90-day limit are in 2205.170(g).

An appeal should be clearly marked as an "Appeal of Section 504 decision" or "Appeal of Section 508 decision," must explain specific objections to the initial decision, and must attach a copy of the initial decision being appealed. The appeals filing content, marking, and attachment requirements are described in 2205.170(g).

An appeal must be sent to the Chairman at One Lafayette Centre, 1120-20th Street, NW., 9th Floor, Washington, DC 20036-3457, and it is deemed filed on its postmark date or, if there is no postmark, on the date the agency receives it. The mailing address and postmark rule are in 2205.170(g).

The Chairman must decide and notify the complainant of the appeal results within 60 days of receiving the appeal, provided the appeal was timely filed. This deadline is set out in 2205.170(h).

If the Chairman requests additional information from the complainant, he or she has 60 days from the date the additional information is received to make a determination on the appeal. The standard provides this timing for appeals where extra information is requested in 2205.170(h).

Yes; the time limits in paragraphs (f) (agency investigation result notice) and (h) (Chairman's appeal decision) may be extended, but only with the permission of the Assistant Attorney General. This extension authority is stated in 2205.170(i).

The agency may delegate investigative authority to other Federal agencies or contract with non-Federal entities to conduct investigations, but the agency cannot delegate its authority to make the final determination. That delegation limitation is specified in 2205.170(j).

A dismissal "without prejudice" means the complaint is closed for now but the complainant may refile later if corrective steps are taken; the agency will inform the complainant of the dismissal when they fail to provide required information within the stated 30-day period. The procedure for notifying and dismissing incomplete complaints is described in 2205.170(d)(2) and the related dismissal guidance in 2205.170(d).

The standard does not list every required document, but to avoid an incomplete filing a complainant should provide a clear description of the alleged discriminatory act, dates, names of persons involved, and any supporting evidence or contact information so the agency can determine jurisdiction and investigate. The agency's duty to request additional information for incomplete complaints is in 2205.170(d)(2).

Yes, the agency may extend the 180-day filing period for good cause. This extension authority is explicitly stated in 2205.170(c)(2).

Specific objections should explain in detail why the complainant believes the initial decision was factually or legally wrong, pointing to errors in the agency's findings, legal conclusions, or proposed remedies; the rule requires such specific objections be included with the appeal. The requirement for specific objections is stated in 2205.170(g).