ADA & Title VI Nondiscrimination Protections

The American with Disabilities Act (ADA) is a comprehensive civil rights law for people with disabilities passed by Congress in 1990 and amended in 2008. It provides protection against discrimination in both employment and the provision of goods and services. The purpose of the ADA is to provide a "clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities. " Congress emphasized that the ADA seeks to dispel stereotypes and assumptions about disabilities and to assure equality of opportunity, full participation, independent living, and economic self-sufficiency for people with disabilities.

Title VI of the Civil Rights Act of 1964 (Title VI) prohibits discrimination on the basis of race, color or national origin in programs or activities of organizations receiving federal assistance. Other federal statutes prohibit discrimination on the basis of sex, age, and disability. Presidential Executive Order 12898 addresses environmental justice in minority and low-income populations. Presidential Executive Order 13166 addresses services to those individuals with limited English proficiency. These Presidential Executive Orders and related statutes fall under the umbrella of Title VI. Federal-aid recipients, subrecipients and contractors are required to prevent discrimination and ensure nondiscrimination in all of their programs, activities and services whether these programs, activities and services are federally funded or not.

The ADA and Title VI requires that a specific person to be designated for the local government as a Coordinator responsible for the administrative requirements applicable to those regulations. The role of the Coordinator includes:  

• Coordinating compliance activities of the City related to nondiscrimination in its programs and services.
• Assisting citizens with request for program modifications, improvements of physical accessibility of existing facilities, or auxiliary aids and services needed due to a disability or Limited English Proficiency.
• Managing the City’s Complaint/Grievance Procedure for complaints of alleged discrimination by the City under the ADA, Title VI or related authorities.
• The City of Ashland ADA and Title VI Coordinator may be contacted at:

ADA & Title VI Coordinator
City of Ashland 
20 East Main Street 
Ashland, OR 97520
Phone: 541-552-2016
Email

The following types of requests may be used to tell the City about a specific need you may have related to a disability or other protected class, when trying to participate in a program, service or activity of the City of Ashland. See below examples of that type of request and how to submit it.

• Ask for a Reasonable Modification/Accommodation
  1. The City will make reasonable modifications (“accommodations”) in policies, practices, or procedures when the modification is necessary to avoid discrimination on the basis of disability. However, the City is not required to make a modification when it would fundamentally alter the nature of the service, program, or activity, cause undue financial or administrative burden, or create a threat to safety. 
  2. Examples of Reasonable Modifications:
     • City staff assisting people with disabilities (cognitive, mobility, visual, etc.) in filling out a form.
     • Granting extra speaking time in a public comment session to a person with a speech disability or who is using an interpreter. 
     • Allowing a Service Animal -- that is a dog trained to perform specific tasks related to the disability of its handler -- in an area that would otherwise not allow animals. 

Request by contacting the department where you are doing business, or the ADA Coordinator by email or phone at 541-552-2016 if you cannot use email.

• Ask for a Physical Accessibility Improvement
  1. The City shall operate each service, program or activity so that when it's viewed in its entirety, is readily accessible to and usable by individuals with disabilities.  In the event that a structural change to a facility, including the public right-of-way, is needed to achieve program accessibility, the City will accept need-based requests from people with disabilities to evaluate, prioritize, and work out best possible solutions and timelines for barrier removal to meet requester's needs. 
  2. Examples of Physical Accessibility Improvements:
     • Due to your mobility disability, request the addition of a curb ramp (or removal of another barrier) at a location related to your individual need to get to government offices, public facilities, medical care, transportation, work, shopping, or another location. 
     • Due to your vision disability, request an Audible Pedestrian Signal at a location related to your individual need for travel route. 
     • Due to your use of a wheelchair with limited reach, request the relocation of a push-button actuated door, or other control feature, to be within your reach level. 

Request by contacting the ADA Coordinator by email or phone at 541-552-2016 if you cannot use email.

• Ask for Communication Auxiliary Aid/Service
  1. The City will take appropriate steps to ensure that communications with members of the public with disabilities are as effective as communications with others. This may be achieved through a request by a person with a disability to have alternate format communication material, or auxiliary aids or services needed due to their disability. 
  2. Examples of Communication Auxiliary Aids or Services:
  3. Due to your vision disability, request a large font printed version of materials. 
  4. Due to your deafness or hard hearing disability, request an American Sign Language Interpreter or captioning for a meeting.
  5. Due to your deafness or hard of hearing disability, conduct phone conversations with the City by using Oregon Relay Service.

Request by contacting the department where you are doing business, or the ADA Coordinator by email or phone at 541-552-2016 if you cannot use email.

• Ask for Limited English Proficiency (LEP) Services
  1. Limited English Proficiency (LEP) is a term used to describe people who do not speak English as their primary language and who also may have limited ability to read, write, or understand English. Upon request, the City will provide to people with LEP free translation and interpretation services of City information for public meetings, oral communications, written communication and documents. 
  2. Examples of Limited English Proficiency Requests:
     • Request for translation of written City forms or informational material.
     • Request a bilingual staff person to assist you at a City service counter. 
     • Request for Spanish interpreter or Spanish captioning for a public meeting. 

Request by contacting the department where you are doing business, or the ADA Coordinator by email or phone at 541-552-2016 if you cannot use email.

aThe City of Ashland has established the following complaint/grievance procedure in accordance with federal law to provide a process for prompt and equitable resolution of complaints alleging discrimination on the basis of disability (ADA). 

If discrimination of this type has happened to you from a City of Ashland program, service or activity, please file your complaint as soon as possible, preferably no later than 60 days after the incident to allow for effective investigation. To be a viable complaint, your submission must have as much information as possible from the list under file a complaint "Gather your information." This is listed below. Please be aware that no incident can be investigated, or discrimination identified, without sufficient facts about the matter.

The City can only respond to alleged incidents involving the operations of the City of Ashland. We may not investigate or respond to discrimination complaints about other entities. This procedure does not apply to complaints of employment-related discrimination, which are subject to handling by the City's Human Resources Department.

If you need alternate format communication, a modified procedure, or other assistance, please contact the ADA Coordinator at 541-552-2016 or by email.

FILE A COMPLAINT 

Step 1-Request a Complaint Grievance Form

Request a blank form by contacting the ADA Coordinator by email or phone at 541-552-2016. Include in your message how you wish to receive the form, electronic or paper copy, and give clear contact information.

For electronic format sent to your email, please indicate if you plan to complete the form -- on a computer or on your phone screen -- to assure the best format is sent to you.

Or you may request a paper form be sent to your mailing address.

Step 2-Gather Your Information

Your complaint must include the information requested on the form, to the extent it is known. No incident can be investigated, or discrimination identified, without sufficient facts about the matter. The form will include such things as:

• When did this occur? Date and time.
• Where did it happen? What City facility was it? Address, if known.
• What happened? How were you discriminated against?
• Which department, program or person was involved?
• What remedy do you think would resolve the situation?
• Any other supporting information to explain your complaint?
• Your complete current contact information.

Step 3-Submit Form

Once you have completed the Complaint Grievance Form, please return it to ADA via email, or by mail to:  

City of Ashland, ADA Coordinator
 20 East Main Street 
 Ashland OR 97520

HANDLING

Step 1-Watch for an Acknowledgement

Your complaint will be reviewed for complete information and timely submission. You will receive an acknowledgement of receipt of your complaint within 10 business days. It will include an initial determination of whether or not there is enough information for investigation.
 

Step 2-ADA Coordinator Will Investigate

The detail of the information provided in the complaint will determine how far an investigation can go.

The incident will be investigated through an informal but thorough process, considering all information from your report and the City department and/or people involved.

You may be contacted for additional information. 

RESOLUTION

ADA Coordinator Will Respond to Your Complaint

A determination will be made as to whether or not there are any potential findings sustained by the investigation or need for further resolution.

Your suggested remedy or resolution will be considered.

You will receive a written response of the outcome of your complaint.

Response will be sent no later than 30 business days from date a completed complaint is received.
 

You May Request Reconsideration, If Needed

If you are not satisfied with the outcome provided by the ADA Coordinator’s, you may request a reconsideration.

Request for reconsideration must be made within 30 business days of receiving the ADA Coordinator’s response.

Request should be made by email to legal_division@ashlandoregon.gov, explaining why you want the matter reconsidered.

The Legal Department or designee will then review the matter and investigation, and manage any additional investigation, if warranted.

You will receive a written answer of reconsideration within 30 business days after receipt of a request to reconsider.

The determination of the Legal Department or designee is final for the City of Ashland’s good faith effort at resolving the complaint agreeably at an organizational level.

Notice is provided here that engaging in the City’s Complaint Grievance Process does not preclude any other possible remedies that may be allowed by the ADA or other applicable authorities.