STATE OF ALASKA POLICY AGAINST DISCRIMINATION
IT IS THE POLICY
of the State of Alaska that:
No qualified individual
with a disability shall be excluded, by reason of such disability, from
the participation in or be denied the benefits of the services, programs,
or activities of a state agency or be subjected to discrimination by
any such agency.
No agency shall
discriminate against a qualified individual with a disability, because
of the disability of such individual, in regard to job application procedures,
the hiring, advancement, or discharge of employees, employee compensation,
job training, or any other term, condition, and privilege of employment.
Each agency shall
operate each of its services, programs and activities so that a service,
program or activity, when viewed in its entirety, is readily accessible
to and usable by individuals with disabilities.
Each agency shall
ensure that services, programs and activities conducted through state
grants or contracts are accessible to and useable by individuals with
This web page describes
the State of Alaska ADA complaint procedure. The procedure is designed
to informally resolve a conflict with a state agency if you believe
that an agency is not in compliance with Title II of the Americans with
Disabilities Act of 1990 (ADA). Title II of the ADA Requires that state
government programs, services and benefits be accessible to individuals
In accordance with
AS 44.21.505, employment discrimination complaints subject to Title
I of the ADA will be referred to the state office of equal employment
opportunity in the Department of Administration.
On May 22, 1992,
Governor Hickel established, through Administrative Order No. 129, the
Americans with Disabilities Act compliance program for the executive
branch of Alaska state government. The purpose of the order and the
establishment of the ADA compliance program is to:
Prevent and eliminate
discrimination against individuals with disabilities in employment and
public services within state government; and
Establish policies, guidelines, and procedures for state agencies to
follow in order to comply with title I and title II of the Americans
with Disabilities Act of 1990.
In order to ensure that the state ADA compliance program was implemented,
the governor appointed the director of the Alaska Division of Vocational
Rehabilitation to serve as the state ADA Coordinator, and ordered all
executive branch Commissioners to appoint departmental coordinators.
Department and division ADA Coordinators are the first point of contact
for filing an ADA complaint with a state agency.
TO FILE A TITLE II COMPLAINT WITH THE DEPARTMENT OF JUSTICE (D.O.J.)
Title II prohibits
discrimination based on disability in all programs, activities, and
services of state and local governments.
If you feel you
or another person have been discriminated against by any agency, organization,
or institution covered by title II, you have a right to file a formal
complaint by sending a letter to the D.O.J., You must include the following
1. Your full name,
address, and telephone number, and the name of the party discriminated
2. The name of the agency, organization, or institution that you believe
3. A description of the act or acts of discrimination, the date or dates
of the discriminatory acts, and the name or names of the individuals
who you believe discriminated: and other information that you believe
necessary to support the complaint. Do not send original documents.
Sign and send the
letter to the address below:
Coord./Review Sec./P.O. Box 66118
Washington, D.C. 20035-6118
A. Who may file:
Anyone who believes that they, or a specific class of individuals, have
been subjected to discrimination on the basis of a disability by a state
agency may file a complaint. An authorized representative may file on
B. Where and with whom to file: A complaint is filed by contacting the
ADA coordinator of the department or division where the discriminatory
practice or action happened. (A list of the executive branch ADA coordinators
is provided later in this web site.)
C. Qualified state employee and applicant complaints: All employment
discrimination complaints will be referred to the state office of equal
employment opportunity in the Department of Administration, if an ADA
issue cannot be resolved between a qualified state employee or applicant
and a state agency.
D. Time for filing: A complaint may be filed at any time within 90 days
from the date of the discriminatory practice or action. There must be
compelling reasons (good cause) for extending the 90 day time limit
for filing a complaint.
E. CONTENTS OF COMPLAINT
The complaint must
be in writing and be signed by either you or your representative. The
complaint must contain the following information (see complete complaint
in the DEFINITIONS section later in this web site)
1. Your name, address
and a phone number or TDD number where you can be reached;
2. The state agency where you feel the discrimination occurred; and
3. A detailed description of the discriminatory practice or action which
F. REQUESTING ASSISTANCE
TO WRITE A COMPLAINT
If you need assistance
to write the complaint and are unable to locate someone to assist you,
a department or division ADA coordinator will, upon request, assist
you in locating an advocate or representative who is not associated
with their agency to assist you.
The name, location, and both phone and TDD numbers of each agency's
ADA coordinator is posted in a prominent and accessible location at
their state facility.
G. FILING A COMPLAINT
WITH THE HUMAN RIGHTS COMMISSION OR THE FEDERAL GOVERNMENT.
You are under no
obligation to use the state complaint procedure before filing a formal
complaint with the State Commission on Human Rights, the Department
of Justice, or the Equal Employment Opportunity Commission. The state
ADA complaint procedure is an informal process. It is designed solely
for the purpose of promptly and fairly resolving an ADA complaint with
a state agency.
Department and division ADA coordinators will provide you with instructions
on how to file a formal complaint if you wish to do so. (Instructions
for filing a formal title II complaint are provided later in this web
You have 180 days to file a complaint with the US Department of Justice
or EEOC, and 300 days to file with the Alaska Human Rights Commission
State agencies are
prohibited from obstructing, intimidating, coercing, or retaliating
against individuals with disabilities, or their representatives, who
file an ADA complaint against a state agency.
List of Department ADA Coordinators
Address a complete
complaint (see DEFINITIONS later in this web site) in writing to the
ADA coordinator of the state agency where the discrimination occurred.
Within 10 working
days of having received the complete complaint, the agency ADA coordinator
will meet with you personally or by telephone or TDD. The purpose of
the meeting will be to resolve the complaint.
*If you need an auxiliary aid or service at the meeting (i.e.: an interpreter,
reader, larger print, Brailled materials, or cassette tape), you must
let the ADA coordinator know in advance so he or she may effectively
communicate with you.
Within 5 working
days after this meeting, a copy of the complaint will be forwarded to
the state ADA Coordinator so that he is aware that a complaint has been
filed with the agency.
a) If a satisfactory resolution is reached at the meeting, a written
agreement will be jointly developed and signed by you, the agency ADA
coordinator and the Commissioner of the department where the complaint
was filed. The formal agreement will be issued to you within 10 days
of the meeting and will be in an accessible format, if necessary. The
written agreement will include:
1) a description of the complaint;
2) a finding of facts;
3) a description of how the complaint will be resolved;
4) when the complaint will be resolved; and,
5) an assurance that the agency will comply with the specific terms
of the agreement.
b) If the agency
is unable to resolve the complaint, you will be notified in writing
and in an accessible format, if necessary, within 10 days of the meeting
of the reason(s) why the agency was unable to resolve the complaint.
The notification will include:
1) a description of the complaint;
2) a summary of any resolution proposed; and,
3) a statement concerning the issues which could not be resolved.
* If the complaint is filed at the division level of a state department
and the division ADA coordinator is unable to resolve the complaint,
you may request a review of the complaint by the department ADA coordinator.
The department ADA coordinator will meet with you and attempt to resolve
the complaint using the procedures and timelines outlined in Step 2,
You may request a review of the complaint by the state ADA coordinator
if a satisfactory resolution is not reached through the division or
department ADA coordinator. You must request this review within 10 days
of the time you received notification that a department level ADA coordinator
was unable to resolve the complaint. Your request must be in writing
and must include:
a) your name, address, and telephone number or TDD number, if applicable.
b) a detailed statement of the reason(s) for your request of a review
of the complaint;
c) the name of the state agency which was unable to resolve the complaint;
d) your signature or that of your representative.
The state ADA coordinator will issue a written response to your request
for review of the complaint within 30 days. The written response will
be sent to both you and the state agency. If the state ADA coordinator
finds that the complaint can be resolved, the state ADA coordinator
will work with the department commissioner to resolve the complaint.
If the state ADA coordinator finds that the agency in question is in
compliance with the ADA or has not engaged in discriminatory activities
against you, the state coordinator will advise you of the steps necessary
to file a formal complaint with the AHRC or the federal government.
State ADA Coordinator:
an official from within the state appointed by the governor to:
- Coordinate and
direct the activities of agencies under Administrative Order No. 129
and the efforts of state agencies to comply with title I and title
II of the ADA;
- Serve as the
state's primary contact and liaison with the public and agencies on
compliance issues regarding the ADA and the state ADA Compliance Program;
- Ensure compliance
with the order;
- Communicate to
the public and interested individuals information regarding the ADA
Compliance Program and the names, office addresses and telephone numbers
of agency ADA coordinators appointed under the administrative order;
- Serve as the
primary point of service for, and overall coordination of, the state's
response to all ADA complaints filed against state agencies where
the allegations are that the state discriminated in its services,
policies or practices, or failed to comply with the Americans with
an official who
serves as the overall administrator of an executive branch department's
ADA compliance program. The department ADA Coordinator receives guidance
and direction from the department commissioner and the state ADA coordinator
on matters dealing with the ADA. Department coordinators are responsible
for reviewing and attempting to resolve ADA complaints if they are not
resolved by division ADA coordinators.
departments are broken down into smaller units called divisions which
perform a specific function, or provide a specific program or service
within the department. The division ADA Coordinator is an official from
within the division who serves as the administrator of the division's
ADA compliance activities. Division coordinators are responsible for
resolving ADA complaints against the division.
Device for the Deaf (TDD) (also referred to as a text telephone): a
telephone with a typewriter keyboard attached which enables individuals
who are deaf or experience speech disorders to effectively communicate
via the telephone. The TDD transmits typed messages. The typed messages
appear either on a display screen or on a ticker tape.
- a physical or
mental impairment that substantially limits one or more major life
activities of such individual;
- having a record
of such an impairment, or;
- being regarded
as having such an impairment.
(see "Complaints," part D, "Content of Complaint")
a signed written statement by you, or your representative, that contains
your name, address, and telephone or TDD number, and describes the discrimination
you believe to have occurred in enough detail to inform the agency of
the nature and date of the occurrence. Complaints filed on behalf of
classes or third parties must describe or identify (by name, if possible)
the individuals who are alleged to have been subjected to discrimination.
(auxiliary aid or service):
the provision of auxiliary aids and services to ensure effective communication.
Auxiliary aids and services include a wide range of services that promote
effective communication and provide an easily understood means of presenting
written and spoken information.
Examples of auxiliary
aids and services for individuals who are deaf or hard of hearing are
qualified interpreters, note takers, computer aided transcription services,
written materials, telephone handset amplifiers, telephones compatible
with hearing aids, closed caption decoders, open and closed captioning,
telecommunication devices for deaf persons (TDDs), and video text displays.
materials in Braille, large print or on cassette tapes are examples
of accessible formats for individuals who are blind or visually impaired.
department, division or representative office of the State of Alaska
Executive Branch of government.
Physical or mental
(a) any physiological disorder or condition, cosmetic disfigurement,
or anatomical loss affecting one or more of the following body systems:
neurological, musculoskeletal, special sense organs, respiratory (including
speech organs), cardiovascular, reproductive, digestive, genitourinary,
hemic and lymphatic, skin, and endocrine; or
(b) any mental or psychological disorder, such as mental retardation,
organic brain syndrome, traumatic brain injury, emotional or mental
illness, and specific learning disabilities.
functions such as
caring for one's self, performing manual tasks, walking, seeing, hearing,
speaking, breathing, learning, and working.
A qualified individual with a disability with respect to employment
means an individual with a disability who satisfies the requisite skill,
experience, education and other job related requirements of the employment
position such individual holds or desires, and who, with or without
reasonable accommodation, can perform the essential functions of such
under title II of
the ADA, an individual with a disability who, with or without reasonable
modifications to rules, policies, or practices, the removal of architectural,
communication, or transportation barriers, or the provision of auxiliary
aids and services, meets the essential eligibility requirements for
the receipt of services or the participation in programs or activities
provided by a state agency.