Americans with Disabilities Act (ADA) of 1990 -
Title II/Section 504 of the Rehabilitation Act
The goal of the Oklahoma Department of Transportation (ODOT) is to ensure that pedestrians with disabilities have the opportunity to use the transportation system in an accessible and safe manner. In accordance with the requirements of Title II of The Americans with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973, ODOT will not and does not discriminate against qualified individuals with disabilities on the basis of disability in ODOT services, programs, activities, or employment practices.
Title II of the Americans with Disabilities Act of 1990
The Americans with Disabilities Act of 1990 (ADA) was established to provide a comprehensive national mandate for the elimination of discrimination against individuals with disabilities. The goal is to optimize the accessibility of the Department’s facilities, programs, and services, to provide safe and usable pedestrian facilities and to ensure compliance with all federal, state, and local regulations and standards.
Title II of the ADA (Public Law 101-336), this law prohibits discrimination on the basis of disability in the state and local government services regardless of whether the public entity received federal financial assistance. Under Title II, all public entities must comply with this regulation to the maximum extent feasible. This includes any state and local government, as well as any department, agency, special purpose district, or other instrumentality of the state or local government.
“No qualified individual with a disability shall, on the basis of a disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any public entity.” (28 CFR Part 35).
Section 504 of the Rehabilitation Act of 1973
Section 504 is a component of the Rehabilitation Act of 1973 (Public Law 93-112) which prohibits discrimination on the basis of disability in programs, activities, and services that receive Federal financial assistance. Under Section 504, any recipient of federal financial assistance must comply with this regulation.
“No qualified person with a disability shall, solely by reason of his/her disability, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity that receives Federal financial assistance administered by the Department of Transportation.” (49 CFR Part 27).
The ADA Complaint Procedure is established to meet the requirements of the Americans with Disabilities Act. It may be used by employees and non-employees who wish to file a complaint alleging discrimination on the basis of disability in programs or benefits offered by ODOT.
In the event an individual believes that the Department has failed to comply with ADA and Section 504 by not providing equivalent access to a Department service, program, or activity, that individual or group of individuals may file a complaint with the Department. The process for filing an ADA Title II Complaint will be as follows:
- A written complaint should be filed within one hundred eighty (180) calendar days of the alleged occurrence using the Department’s ADA Complaint form (Form T2-01). Copies of this form may be printed from the Department’s website or a copy may be obtained and submitted by contacting the ADA/504/508 Coordinator. Employees may also utilize the internal agency grievance procedure within twenty (20) calendar days of the alleged occurrence. The internal agency Grievance Management Information - Discrimination procedure can be viewed at https://www.odot.org/odotsites_data/policy/section_b/B-0306-2-1.pdf.
*The use of these procedures does not prohibit an employee from filing a complaint or appeal with the Attorney General’s Office, EEOC, Oklahoma Merit Protection Commission or any authorized entity.
- The complaint will be reviewed within ten (10) calendars days of receipt to determine whether it contains all the necessary information required for acceptance.
- If the complaint is complete and no additional information is needed, the Department will send the complainant a letter of acceptance along with the Complainant Consent/Release form and the Notice About Investigatory Uses of Personal Information form.
- If the complaint is incomplete, the complainant will be contacted in writing, by telephone or by email to obtain the additional information. The complainant will be given fifteen (15) calendar days to respond to the request for additional information. If additional information is not received within this fifteen (15) calendar day period, the ADA/504/508 Coordinator will then provide a written notice of failure to provide sufficient documentation to the requestor and to conclude the complaint process.
- Within ninety (90) calendar days of the receipt of the signed Complaint Form, the Department will investigate the complaint. An extension of up to ninety (90) calendar days may be granted by the Department for final resolution of time for good cause if both parties agree to such in a written form.
- The Department will then provide a written decision to the complainant, which includes a finding of "Cause" or "No Cause" to believe any discrimination has occurred, as well as any actions discussed with the complainant.
- All investigative reports shall be maintained as property of the Civil Rights Division in a confidential manner, separate and apart from personnel records. Investigation case files are not subject to the Open Records Act (ORA).
The Oklahoma Department of Transportation (ODOT) ensures that no person or groups of persons shall, on the grounds of race, color, sex, religion, national origin, age, disability, retaliation or genetic information, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any and all programs, services, or activities administered by ODOT, its recipients, sub-recipients, and contractors.