How to Resolve Disability Access or Discrimination Issues
It is always best to try to resolve these issues as informally and as locally as possible. This usually results in the quickest and most satisfactory resolution. The Marin County Disability Access Program is available to assist you with this process. If you have a problem accessing any of the following the Marin County Disability Access Program can help you resolve those issues:
- County programs, services or activities;
- County Employment;
- County buildings or facilities;
- County pedestrian right-of-way and Open Space trails;
- Any programs or services provided by County contractors;
- Places of public accommodations (businesses that are generally open to the public and that fall into one of 12 categories listed in the Americans with Disabilities Act [ADA], such as restaurants, movie theaters, schools, day care facilities, recreation facilities, and doctors' offices); or
- Commercial facilities (privately-owned, nonresidential facilities such as factories, warehouses, or office buildings in Marin County)*.
*Please note that the eleven cities and towns in Marin County are not within our jurisdiction
Marin County Disability Access Program
3501 Civic Center Drive, Room 304
San Rafael, CA 94903
(415) 473-4381 (Voice); (415) 473-3232 (TDD)
disabilityaccess@marincounty.org
Pursuant to the regulations of the United States Department of Justice, which require the designation of an Americans with Disabilities Act (ADA) Coordinator, the County of Marin has designated the Marin County Disability Access Manager as its ADA Coordinator. The Disability Access Manager is responsible for ensuring compliance with multiple county, state and federal disability non-discrimination laws and is therefore designated as the Marin County Disability Access Coordinator (DAC). The DAC administers the processing of all formal disability rights related complaints or grievances filed with the County and coordinates the County’s overall efforts to ensure compliance with the ADA, Sections 504 and 508 of the Rehabilitation Act of 1973, as amended, and all other applicable county, state and federal disability non-discrimination requirements.
The DAC also administers all accessibility complaints brought pursuant to the California Building Standards Code accessibility standards (Title 24 of the California Code of Regulations) concerning both privately and publicly funded accommodations and Marin County Code Ordinance 3609 pursuant to applicable Fair Housing laws.
The County has designated department-level management staff to serve as Department Disability Access Coordinators and liaisons with the County Disability Access Program and to assist in resolving disability access issues informally at the department-level whenever possible.
NOTE: |
FILING A FORMAL COMPLAINT OR GRIEVANCE WITH THE COUNTY OF MARIN DISABILITY ACCESS PROGRAM DOES NOT PRECLUDE SIMULTANEOUS FILING WITH STATE OR FEDERAL ENFORCEMENT ENTITIES. |
How to File a County Complaint
All complaints or grievances submitted to the County of Marin must contain specific information about the alleged violation or discrimination including: name, address, telephone number and/or email address of the complainant and the location, date, and a complete description of the problem. Anonymous complaints or grievances will not be accepted. Complaints or grievances will be kept confidential to the greatest extent possible, unless ordered released by a court of competent jurisdiction (see Evidence Code 1040). If you wish to file an informal complaint, you can provide grievance information via alternative means to the DAC, but you must include all required information listed above. These may be submitted by telephone, e-mail (confidentiality cannot be assured), letter, personal interview, or other methods, upon request.
All complaints must be submitted to the DAC by the complainant or his/her designee as soon as possible, but no later than 60 calendar days after the alleged violation or discriminatory act. Complaints may be submitted online, by mail or email, telephone/TTY or in person to:
Marin County Disability Access Program
3501 Civic Center Drive, Room 304
San Rafael, CA 94903
(415) 473-4381 (Voice); (415) 473-3232 (TDD)
disabilityaccess@marincounty.org
Online Accessibility Complaint Form
Employment
If a complaint is about an ADA Title I or California Fair Employment and Housing Act employment violation, the DAC will consult with the County of Marin’s Human Resources Department and will formally acknowledge receipt of the complaint. If you are a County employee you are encouraged to first use the Administrative process described in Personnel Management Regulation 21.
Electronic Information or Technology
If a complaint is about a Section 508 of the Rehabilitation Act or California Government Code Section 11135-11139.7 regarding the accessibility of electronic information or technology, the DAC will forward the complaint within seven (7) calendar days to the County of Marin’s Information Services and Technology Department for investigation and will formally acknowledge receipt of the complaint to the complainant.
Privately Owned Buildings or Facilities
If a complaint is about inaccessibility to a privately owned building or facility, the DAC will forward the complaint within seven (7) calendar days to the Marin County Community Development Agency (CDA) Building and Safety Division for investigation and will formally acknowledge receipt of the complaint to the complainant. The CDA also has a formal code enforcement procedure regarding disabled access building code requirements. Copies of this complaint process are available on the
Code Enforcement page.
Complaints regarding accessibility code enforcement of buildings and facilities may be filed concurrently with the Disability Access Coordinator.
County-owned or County Leased Buildings or Facilities
If the complaint is about a County-owned or County leased building or facility, the DAC will investigate and will formally acknowledge receipt of the complaint to the complainant.
Unreasonable Hardship Exceptions
- The Chief Building Official will deliver a notice to the Public Works Director immediately upon making a decision on an unreasonable hardship exception request which involves legal or physical constraints.
- The Board of Supervisors will deliver a notice to the Public Works of a decision ratifying or rejecting the granting or denial of an unreasonable hardship request exception.
- The Chief Building Official will send the Public Works Director notice confirming that corrective work has been done.
NOTE: Any unauthorized deviation from the building regulations shall be rectified by full compliance within 90 calendar days of a complaint of such deviation having been confirmed by the County, as required by Government Code 4452, unless doing so is impracticable, in which case the rectification should occur within a reasonable time of the complaint being filed.
Timeline
For all other complaints or grievances, the DAC will contact the complainant to discuss the complaint or grievance within 30 calendar days after receipt of the complaint or grievance. Within 30 calendar days of this contact, the DAC will respond in writing and, where appropriate, in an alternative format accessible to the complainant. The response will explain the position of the County of Marin and offer options for substantive and reasonable resolution of the complaint or grievance.
Appeal Process
If the response by the DAC does not satisfactorily resolve the issue, the decision may be appealed to the County Administrator or his/her designee within 30 calendar days following receipt of the response.
Within 30 calendar days after receipt of an appeal, the County Administrator or his/her designee will contact the complainant to discuss the complaint or grievance and If a complaint is about an ADA Title I or California Fair Employment and Housing Act employment violation, the DAC will forward the complaint within seven (7) calendar days to the County of Marin’s Human Resources Department for investigation and will formally acknowledge receipt of the complaint to the complainant.
Federal Agencies With ADA Responsibilities
- Employment: U.S. Equal Employment Opportunity Commission
- Transportation: U.S. Department of Transportation, Federal Transit Administration
- Telephone Relay Service: Federal Communications Commission
- ADA Guidelines: U. S. Access Board
- Education: U.S. Department of Education
- Health Care: U.S. Department of Health and Human Services
- Labor: U.S. Department of Labor
- Housing: U.S. Department of Housing and Urban Development
- Parks and Recreation: U.S. Department of the Interior
- Agriculture: U.S. Department of Agriculture
Americans With Disabilities Act
Employment (Title I)
Title I of the Americans with Disabilities Act of 1990 prohibits private employers, State and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment. The ADA covers employers with 15 or more employees, including State and local governments. It also applies to employment agencies and to labor organizations.
If a County employee or County job applicant believes they have an employment related discrimination, harassment or retaliation complaint based on disability, they are encouraged to resolve the issue by following the County Personnel Management Regulation (PMR) 21. You may also file a complaint with the Disability Access Program using the online complaint form. Filing with the County does not preclude simultaneous filings with the U.S. Equal Employment Opportunity Commission and/or the California Department of Fair Employment and Housing.
How to File a Charge of Discrimination with EEOC
If you believe that you have been discriminated against at work because of disability, you can file a Charge of Discrimination. All of the laws enforced by EEOC, except for the Equal Pay Act, require you to file a Charge of Discrimination with them before you can file a job discrimination lawsuit against your employer. In addition, an individual, organization, or agency may file a charge on behalf of another person in order to protect the aggrieved person's identity. There are time limits for filing a charge.
If you file a charge, you may be asked to try to settle the dispute through mediation. Mediation is an informal and confidential way to resolve disputes with the help of a neutral mediator. If the case is not sent to mediation, or if mediation doesn't resolve the problem, the charge will be given to an investigator.
If an investigation finds no violation of the law, you will be given a Notice of Right to Sue. This notice gives you permission to file suit in a court of law. If a violation is found, EEOC will attempt to reach a voluntary settlement with the employer. If they cannot reach a settlement, your case will be referred to EEOC legal staff (or the Department of Justice in certain cases), who will decide whether or not the agency should file a lawsuit. If EEOC decides not to file a lawsuit, they will give you a Notice of Right to Sue.
In some cases, if a charge appears to have little chance of success, or if it is something that EEOC doesn’t have the authority to investigate, they may dismiss the charge without doing an investigation or offering mediation.
California has its own anti-discrimination laws, and agencies responsible for enforcing these laws (Department of Fair Employment and Housing – see below). If you file a charge with a DFEH, it will automatically be "dual-filed" with EEOC if federal laws apply. You do not need to file with both agencies.
You may file a charge of employment discrimination at the EEOC office closest to where you live. Your charge, however, may be investigated at the EEOC office closest to where the discrimination occurred. Where the discrimination took place can determine how long you have to file a charge. The 180 calendar day filing deadline is extended to 300 calendar days if a state or local agency enforces a state or local law that prohibits employment discrimination on the same basis.
Online Assessment System
EEOC does not accept charges online. However, they do have an online assessment tool that can help you decide if EEOC is the correct agency to assist you. You can then complete an Intake Questionnaire that you may print and either bring or mail to the appropriate EEOC field office to begin the process of filing a charge.
Filing in Person
Each field office has its own procedures for appointments or walk-ins. Please check our field office list for your office's procedures. It is always helpful if you bring with you to the meeting any information or papers that will help us understand your case. For example, if you were fired because of your performance, you might bring with you the letter or notice telling you that you were fired and your performance evaluations. You might also bring with you the names of people who know about what happened and information about how to contact them.
You can bring anyone you want to your meeting, especially if you need language assistance and know someone who can help. You can also bring your lawyer, although you don’t have to hire a lawyer to file a charge. If you need special assistance during the meeting, like a sign language or foreign language interpreter, let us know ahead of time so we can arrange for someone to be there for you.
EEOC San Francisco District Office:
450 Golden Gate Avenue
5 West, P.O Box 36025
San Francisco, CA 94102-3661
Phone: (800) 669-4000
Fax: (415) 522-3415
VP: (510) 735-8909 (Deaf/HoH callers only)
Office Hours: The San Francisco District Office is open Monday – Friday from 8:00 a.m. – 4:30 p.m. Walk-in services are available on Tuesday and Thursday from 8:30-3 p.m. Please call first for information. The office sees the public on a walk-in basis and no appointment is necessary.
By Telephone
Although the EEOC does not take charges over the phone, you can get the process started over the phone. You can call 1-800-669-4000 to submit basic information about a possible charge, and EEOC will forward the information to the EEOC field office in your area. Once the field office receives your information, they will contact you to talk to you about your situation.
By Mail
You can file a charge by sending EEOC a letter that includes the following information:
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Your name, address, and telephone number
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The name, address and telephone number of the employer (or employment agency or union) you want to file your charge against
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The number of employees employed there (if known)
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A short description of the events you believe were discriminatory (for example, you were fired, demoted, harassed)
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When the events took place
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Why you believe you were discriminated against (for example, because of your race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information)
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Your signature
Don't forget to sign your letter. If you don't sign it, EEOC cannot investigate it.
Your letter will be reviewed and if more information is needed, EEOC will contact you to gather that information or you may be sent a follow up questionnaire. At a later date, EEOC will contact you and may put all of the information you sent them on an official EEOC charge form and ask you to sign it.
Americans With Disabilities Act
State and Local Governments (Title II)
Title II applies to State and local government entities, and, in subtitle A, protects qualified individuals with disabilities from discrimination on the basis of disability in services, programs, and activities provided by State and local government entities. Title II extends the prohibition on discrimination established by section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, to all activities of State and local governments regardless of whether these entities receive Federal financial assistance.
How to File an ADA Title II Complaint with the U.S. Department of Justice
You can file an Americans with Disabilities Act complaint alleging disability discrimination against a State or local government or a public accommodation (including, for example, a restaurant, doctor's office, retail store, hotel, etc.) by mail, fax, or email.
To file an ADA complaint by mail:
US Department of Justice
950 Pennsylvania Avenue, NW
Civil Rights Division
Disability Rights Section - 1425 NYAV
Washington, D.C. 20530
To file an ADA complaint by fax: (202) 307-1197
To file a complaint by email: ADA.complaint@usdoj.gov
Please keep a copy of your complaint and the original documents for your own records.
Americans With Disabilities Act
Public Accommodations and Commercial Facilities (Title III)
Title III prohibits discrimination on the basis of disability in the activities of places of public accommodations (businesses that are generally open to the public and that fall into one of 12 categories listed in the ADA, such as restaurants, movie theaters, schools, day care facilities, recreation facilities, and doctors' offices) and requires newly constructed or altered places of public accommodation—as well as commercial facilities (privately owned, nonresidential facilities such as factories, warehouses, or office buildings)—to comply with the ADA Standards.
Filing an ADA Title III Complaint
If you feel you or another person has been discriminated against by an entity covered by Title III, send a letter to the Department of Justice, at the address below, including the following information:
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Your full name, address, and telephone number, and the name of the party discriminated against;
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The name of the business, organization, or institution that you believe has discriminated;
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A description of the act or acts of discrimination, the date or dates of the discriminatory acts, and the name or names of the individuals who you believe discriminated; and
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Other information that you believe necessary to support your complaint. Please send copies of relevant documents. Do not send original documents. (Retain them.)
Sign and send the letter to the address below:
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Civil Rights Division
Disability Rights - NYAVE
Washington, D.C. 20530
California Department of Fair Employment and Housing
The Department of Fair Employment and Housing (DFEH) maintains the authority to investigate complaints of discrimination in the areas of employment, housing, public accommodations and hate violence. The following description of the complaint process is intended to help you understand their procedures and assist you through their system.
If you believe you are the victim of illegal discrimination in the areas of employment, housing, public accommodations or hate violence, you may file a Pre-Complaint Inquiry to initiate the complaint process using any of the options below.
- Use the Department's online system.
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Call the Communication Center at (800) 884-1684. If you have a hearing impairment, please call (800) 884-1684 or TTY at (800) 700-2320 for service.
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Request the Pre-Complaint Inquiry form, complete and return it via U.S. mail to any of DFEH's office locations.
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E-mail the Pre-Complaint Inquiry form to contact.center@dfeh.ca.gov.
Many persons believe they have been treated unfairly or harassed in employment opportunities, in renting or purchasing a home, or in receiving service in a business establishment. The Department can accept cases only based on possible violations of the Fair Employment and Housing Act (FEHA), the Unruh Civil Rights Act, the Ralph Civil Rights Act, or the Disabled Persons Act. Should your complaint not be accepted for investigation, it is not because DFEH does not believe you were treated unfairly. Rather it is because your complaint, if proven, would not constitute a violation of the laws enforced by the Department.
The laws enforced by the Department are below:
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Fair Employment & Housing Act (FEHA), which includes the California Family Rights Act (CFRA).
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Unruh Civil Rights Act
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Disabled Persons Act
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Ralph Civil Rights Act