Americans With Disabilities Act (ADA)
These procedures apply to all complaints filed under the Americans With Disabilities Act (ADA), relating to any program or activity administered by Wilson County Government or its sub-recipients, consultants, and/or contractors. These procedures do not deny the right of the complainant to file formal complaints with other State or Federal agencies or to seek private counsel for complaints alleging discrimination. These procedures are part of an administrative process that does not provide for remedies that include punitive damages or compensatory remuneration for the complaint.
Every effort will be made to obtain early resolution of complaints at the lowest level possible. The option of informal mediation meeting(s) between the affected parties and the ADA Coordinator may be utilized for resolution, at any stage of the process. The ADA Coordinator will make every effort to pursue a resolution of the complaint. Initial reviews with the complainant and the respondent will request information regarding specifically requested relief and settlement opportunities.
- Any individual, group of individuals, or entity that believes that they have been subjected to discrimination prohibited by ADA nondiscrimination provisions may file a written complaint with the County's ADA Coordinator. A formal complaint must be filed within 180 calendar days of the alleged occurrence or when the alleged discrimination became known to the complainant. The complaint must meet the following requirements.
- Complaint shall be in writing and signed by the complainant(s).
- Include the date of the alleged act of discrimination (date when the complainant(s) became aware of the alleged discrimination; or the date on which the conduct was discontinued or the latest instance of the conduct).
- Present a detailed description of the issues, including the names and job titles of those individuals perceived as parties in the complained-of incident.
- Allegations received by fax or email will be acknowledged and processed, once the identity(ies) of the complainant(s) and the intent to proceed with the complaint have been established. The complainant is required to mail a signed, original copy of the fax or email transmittal for the Wilson County Government to be able to process it.
- Allegations received by telephone will be reduced to writing and provided to the complainant(s) for confirmation or revision before processing.
Note: A complaint form will be forwarded to the complainant(s) for him/her to complete, sign, and return to Wilson County Government for processing.
- Upon receipt of the complaint, the ADA Coordinator will determine its jurisdiction, acceptability, and need for additional information, as well as investigate the merit of the complaint if appropriate. Complaints against Wilson County Government will be referred to the appropriate State or Federal agency for proper disposition pursuant to their procedures.
- In order to be accepted, a complaint must meet the following criteria:
- The complaint must be filed within 180 calendar days of the alleged occurrence or when the alleged discrimination became known to the complainant.
- The allegation(s) must involve a covered basis such as discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public.
- The allegation(s) must involve a program or activity of a Federal-aid recipient, sub-recipient, or contractor.
- A complaint may be dismissed for the following reasons:
- The complainant requests the withdrawal of the complaint.
- The complainant fails to respond to repeated questions for additional information needed to process the complaint.
- The complainant cannot be located after reasonable attempts.
- Once Wilson County Government decides to accept the complaint for investigation, the complainant and the respondent will be notified in writing of such determination within 7 calendar days. The complaint will receive a case number and will then be logged in to Wilson County Government's records identifying its basis and the alleged harm.
- In cases where the Wilson County Government assumes the investigation of the complaint, Wilson County Government will provide the respondent with the opportunity to respond to the allegations in writing. The respondent will have 10 calendar days from the date of Wilson County Government's written notification of acceptance of the complaint to furnish his/her response to the allegation.
- Wilson County Government's final investigative report and a copy of the complaint will be forwarded to the appropriate State and Federal Agency and affected parties within 60 calendar days of the acceptance of the complaint.
- Wilson County Government will notify the parties of its final decision.
- If the complainant is not satisfied with the results of the investigation of the alleged discrimination and practices the complainant will be advised of the right to appeal to the appropriate State or Federal Agency.