Administrative Complaints and Civil Actions. The third section of the survey examined policies and procedures for handling Section 508 complaints and requested statistics on the number of complaints and judicial actions involving the federal agencies. Agency components reported 140 administrative complaints and seven civil actions since June 21, 2001, the effective date of the Section 508 EIT Accessibility Standards. However, most of the administrative complaints and civil actions were filed against componets in very large agencies. Also, only slightly more than thirty percent of agency components had already established set of policies and procedures specifically to process Section 508 complaints. Fifty-seven percent of the agency components were either using existing Section 504 complaint processes or some other process. The Department recommends the following: • Establish Procedures Specifically to Process Section 508 Complaints. Rather than rely solely on the Section 504 complaint process, agencies should consider augmenting the Section 504 complaint process, where appropriate, so as to include specific policies and procedures targeted to the processing of Section 508 complaints. [7] The complaint policies and procedures should also include a method for tracking the complaints and ensure a timely response and resolution. • Incorporate Alternative Dispute Resolution Into Section 508 Complaint Process. Almost seventy percent of agency components reported providing Section 508 complainants a choice of using an Alternative Dispute Resolution (ADR) option to attempt resolution of their complaints. Those agencies that have not done so should consider offering to Section 508 complainants a carefully designed ADR option within the context of the agencies’ Section 508 administrative complaint resolution process. • Disseminate Widely Information About the Section 508 Complaint Process. Agencies should widely distribute information about their Section 508 administrative complaint process. For example, agencies should publish the complaint process on the agencies’ Internet and Intranet websites, as well as publish information prominently in equal employment opportunity handbooks and other appropriate publications.
Administrative Complaints and Civil Actions. Persons with disabilities can file administrative complaints or civil lawsuits on or after June 21, 2001. 29 U.S.C. § 794d(f)(1)(B). Section 794d(f)(1(B) provides: This subsection shall apply only to electronic and information technology that is procured by a Federal department or agency not less than 6 months after the date of publication by the Access Board of final standards described in subsection (a)(2). [21] By statute, persons with disabilities who file administrative complaints alleging that an agency’s procurement has violated Section 508 must file it with the agency alleged to be in noncompliance. 29 U.S.C. § 794d(f)(2). Specifically, section 794d(f)(2) provides: Complaints filed under paragraph (1) shall be filed with the Federal department or agency alleged to be in noncompliance. The Federal department or agency receiving the complaint shall apply the complaint procedures established to implement section 794 of this title for resolving allegations of discrimination in a federally conducted program or activity. Thus, Section 508 adopts the section 504 complaint processes of the federal agencies. [22] This section of the survey focused on administrative complaints and civil actions related to Section 508 within the agency components. Two specific areas were analyzed: • Policies and procedures for processing Section 508 complaints • Number of complaints and civil actions The following provides a brief summary of findings for Section IV – Administrative Complaints and Civil Actions.
