ADA Complaint Procedures
About
This grievance procedure is established to meet the requirements of the Americans with Disabilities Act of 1990. It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, programs, or benefits by the City of Phoenix.
The
accessibility complaint should be in writing and contain information about the alleged discrimination such as name, address, phone number of complainant and location, date, and description of the problem. Alternative means of filing complaints, such as personal interviews or an audio recording of the complaint, will be made available for persons with disabilities upon request.
The complaint should be submitted by the grievant and/or their designee as soon as possible but no later than sixty (60) calendar days after the alleged violation to the City of Phoenix ADA Coordinator.
Within fifteen (15) calendar days after receipt of the complaint, the ADA Coordinator or their designee will meet with the complainant to discuss the complaint and the possible resolutions. Within fifteen (15) calendar days of the meeting, the ADA Coordinator or their designee will respond in writing, and when needed, in format accessible to the complainant, such as large print, Braille, or audio recording. The response will explain the position of the City of Phoenix and may offer options for meaningful resolution of the complaint.
Submit a Complaint Form
Appeal Process
If the response by the ADA Coordinator or their designee does not satisfactorily resolve the issue, the complainant and/or their designee may appeal the decision within fifteen (15) calendar days after receipt of the response to the Equal Opportunity Department Director or his/her designee.
Within 15 calendar days after receipt of an appeal, the City Manager or their designee will contact the complainant to discuss the complaint or grievance and possible resolutions. Within 15 calendar days after the meeting, the Equal Opportunity Department Director or their designee will respond in writing with a final resolution of the complaint in a format accessible to the complainant.
Types of Grievances
Employment. If a complaint is about an ADA Title I or Arizona Fair Employment and Housing Act employment violation, the ACP will consult with the City of Phoenix’s Equal Opportunity Department Compliance and Enforcement Division and will formally acknowledge receipt of the complaint. The City of Phoenix’s
A.R. 2.35 (PDF) governs employment-related complaints of disability discrimination by City employees.
Digital Accessibility. If a complaint is about a Section 508 of the Rehabilitation Act or applicable County and State laws regarding the accessibility of electronic information or technology, the ACP will forward the complaint to the City of Phoenix’s Digital Access Manager for investigation and will formally acknowledge receipt of the complaint to the complainant within seven (7) calendar days.
City-owned or City-leased Buildings or Facilities. If the complaint is about a City-owned or City leased building or facility, the ACP will investigate and will formally acknowledge receipt of the complaint to the complainant within fifteen (15) calendar days.
Privately Owned Buildings or Facilities. If a complaint is about inaccessibility to a privately owned building or facility, the ACP will forward the complaint to the City of Phoenix Planning and Development Department (PDD) for investigation and will formally acknowledge receipt of the complaint to the complainant within seven (7) calendar days.
ADA Notice: Reasonable Accommodations
About
In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 (“ADA”), the City of Phoenix will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities.
The City of Phoenix will not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the cost of providing auxiliary aids/services or reasonable modifications of policy, such as retrieving items from locations that are open to the public but are not accessible to persons who use wheelchairs.
Types of Reasonable Accommodations
Employment. The City of Phoenix does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations published by the U.S. Equal Employment Opportunity Commission under Title I of the ADA.
Effective Communication. The City of Phoenix will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in the City’s programs, services, and activities, including qualified sign language interpreters, documents in Braille, and other ways of making information and communications accessible to people who have speech, hearing, vision impairments, or limited English proficiency.
Modifications to Policies and Procedures. The City of Phoenix will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities. For example, individuals with service animals are welcomed in the City’s offices, even where pets are generally prohibited.
Reasonable Accommodation Requests
To request auxiliary aid or service for effective communication, or a modification of policies or procedures to participate in a program, service, or activity of the City of Phoenix, please complete the
Request for Accommodation form or contact the ADA Compliance Program Manager and ADA Coordinator.
Job applicants and City employees may request reasonable accommodations or address another disability related concern, by contacting the Human Resources Department at (602) 495-5700 or text to (800) 367-8939 or by submitting a HR Accommodation Request Form.
Please note that the ADA does not require the City of Phoenix to take any action that would fundamentally alter the nature of its programs or services or impose an undue financial or administrative burden.
Accessibility Concerns or Complaints
For City of Phoenix programs, services or activities, contact the ADA Compliance Program Manager and ADA Coordinator. For City of Phoenix websites and online interactive service form or application,
complete the contact form.
ADA Resources
More information about the ADA can be found at the US Department of Justice website,
www.ada.gov, or by calling their helpline at (800) 514-0301 (voice) or (800) 514-0383 (TTY).
Businesses and Accessibility
ADA Compliance
Ensuring your business is accessible to people with disabilities not only helps your customers, but it’s also federal and state law. The Federal ADA paired with the State's ADA laws ensure equal access to those with disabilities at places of public accommodation.
The Americans with Disabilities Act (ADA)
Both Federal and State law prohibit discrimination against people with disabilities. The Americans with Disabilities Act (ADA) is a Federal civil rights law designed to ensure equal access, full inclusion, and participation for people with disabilities. In addition, the State of Arizona has its own disability rights laws, codes, and regulations. Under both Federal and State law, people with disabilities are entitled to full and equal access to places of public accommodation, transportation carriers, lodging places, recreation and amusement facilities, and other business establishments where the public is invited. Together, these laws protect Americans’ civil rights, but while people often refer to both Federal and State laws as “the ADA laws,” there are important differences.
The
Federal ADA regulations require that all new construction for public accommodations comply with the
2010 Americans with Disabilities Act Standards. In addition, the ADA says that a public accommodation has a continuing obligation to remove architectural barriers (barrier removal) to make sure your business is accessible, even when your business is not otherwise contemplating construction. This includes existing barriers at entrances, aisles, bathrooms, and service counters that may have predated the ADA and your ownership of the business.
Building Code
The City of Phoenix building codes and ordinances lay out specific ways to make your business accessible, but only requires that business owners make improvements whenever they are doing construction or renovation, typically under a building permit. If you renovate your building, then all your new construction (the area of remodel) must meet the accessibility standards. In addition, you may be required to update some or all of the following: building’s main entrance, the primary route to the renovated area, and any bathrooms, drinking fountains, or signs serving the area of remodel accessible (path of travel and other features serving the area of remodel).
Building inspectors do not conduct a full review of your business location for disability access deficiencies; they only check to see if the renovations covered by your building permit meet the level of accessibility triggered under the building code for that specific project. Smaller projects are allowed an exception under the 20% rule and may not result in a fully accessible facility. However, even though the International Building Code requires that businesses make accessibility improvements only when they are doing other construction or renovation, your entire business location must still comply with the ADA barrier removal requirements.
The only exception for your business not being fully accessible is if the necessary improvements are not currently readily achievable. Readily achievable means easily accomplishable and able to be carried out without much difficulty or expense. To fall under this exception, you must be able to legally prove that any improvements you did not complete were not readily achievable. Even if you do not complete all improvements, you are still required to make an effort to provide goods and services to people with disabilities.
