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Apr
21

Public Health – Seattle & King County Americans with Disabilities Complaint Guide

➜ This guide is also available in PDF format (201 KB).

A. Overview

These procedures address complaints filed under the Americans with Disabilities Act of 1990 relating to programs, facilities, activities, or policies managed by Public Health – Seattle & King County (PHSKC). Complainants may also file complaints with state or federal agencies or seek private counsel for claims of discrimination or barriers to access. PHSKC will try to resolve complaints informally at the department or county level. Informal mediation meetings with a designated mediator may help resolve issues. Intimidation or retaliation is prohibited by law.

B. Procedures

  1. Any person, group, or entity that believes they faced discrimination on the basis of disability or unaccommodated barriers as defined by the ADA may file a written complaint with PHSKC. Individuals, groups, or entities unable to file a written complaint due to a disability may request a reasonable modification from the ADA and Disability Equity Program Manager. The complaint must be submitted within 60 calendar days of the alleged discriminatory event.
  2. Once a complaint has been received, the ADA and Disability Equity Program Manager will review the complaint to determine if it falls under their authority, if it’s acceptable, and if more information is needed to investigate.
  3. If the complaint involves a sub-recipient, consultant, or contractor, the appropriate PHSKC division will be notified. PHSKC may investigate the complaint or request a third-party investigation.
  4. Within fifteen days after PHSKC’s receipt of the complaint, both the complainant and the respondent will receive written notification. The ADA and Disability Equity Program will log the complaint.
  5. If PHSKC investigates, the department will allow the respondent to respond in writing. The respondent has ten (10) calendar days from receipt of the notice that a complaint has been filed to submit their response.
  6. The ADA and Disability Equity Program Manager or third-party investigator will write a report for the department director within 60 days of getting the complaint. This report will cover the incident details, the people interviewed, findings, and recommendations.
  7. The Prosecuting Attorney’s office will review the recommendations. They may discuss the report with the ADA and Disability Equity Program Manager and other staff. The report will be adjusted as needed before its release.
  8. After finalizing the report, briefings will be scheduled within 15 days for both parties. Each will receive a copy of the report during the briefings and will be informed of their appeal rights. PHSKC will not reconsider the final determination unless new facts come to light.
  9. If either party is unhappy with the investigation's results, they can appeal to the King County Civil Rights Program in the Office of Equity, Racial and Social Justice. The complainant has 15 calendar days after the party’s receipt of the final decision to appeal.
  10. The ADA and Disability Equity Program Manager will maintain a yearly log of ADA complaints for PHSKC. This log will include:
    • The name and address of the complainant
    • The date of the complaint
    • The basis of the complaint
    • The disposition of the complaint
    • The status of the complaint
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