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Civil Rights Complaints: King County
Filing a Disability Grievance (for King County)
Have you experienced discrimination because of your disability? This page describes the process and timelines for filing a grievance about lack of access in King County government programs, services, and facilities.
Does King County have a procedure for handling grievances about discrimination based on disability?
Yes. Section 504 of the Rehabilitation Act of 1973, as amended, and the Americans with Disabilities Act of 1990 (ADA) require that public entities like King County have a procedure to address allegations that County facilities, programs, services, and activities are not accessible to people with disabilities.
At King County, Disability Compliance Specialists at the Office of Civil Rights work to ensure the County is in compliance with all disability access laws, and coordinate resolution of grievances.
Who can file a grievance against King County?
Any individual with a disability who believes he or she has experienced discrimination based on disability in admission to, access to and treatment in facilities, programs, services, or activities provided by King County.
An authorized representative may file on behalf of a person with a disability (for example, a father can file for his child or a woman may file on behalf of her partner with a disability). Grievances on behalf of classes of individuals are also permitted (for example, someone from a disability-related organization can file on behalf of blind people in general). These sorts of grievances must describe or identify (by name, if possible) who are the alleged victims of discrimination.
Individuals who have a relationship or association with a person with a disability may file a grievance if they believe they have been discriminated against because of that relationship or association (for example, a non-disabled person can file when he thinks he was discriminated against because of his brother’s disability).
How do I file a grievance?
- Contact the Office of Civil Rights and discuss your grievance issue with a Disability Compliance Specialist.
- Request a grievance form. (Copy included in this binder)
- Complete the grievance form.
- Describe the problems you encountered when trying to use King County facilities, or describe what happened or how you were treated that you believe to be discriminatory based on your disability. Be sure to include as much detail as possible, including date(s).
- Sign the grievance form and send it to the Office of Civil Rights.
Do I need to provide information about my disability on the grievance form?
On the grievance form you should include information about the effects of your disability and how the disability substantially impacts a major life activity (for example, "I have arthritis which limits my ability to climb stairs or to walk long distances."). This information will help OCR to understand why a facility was inaccessible to you or someone else. It will also assist OCR in determining how King County may need to change a service or organize an activity so it will be more accessible.
Should I share my ideas about how my grievance could be resolved?
Absolutely. Often, you will have good ideas about how things could have been done differently or ways in which facility access could be improved. Please be sure to include this information on the grievance form.
When can I file a grievance?
OCR must receive your grievance within one hundred eighty (180) calendar days (six months) of the date of when you feel discrimination occurred.
Is it possible that OCR might not accept my grievance?
Yes, because your grievance may not meet some requirements.
Once a grievance is received, OCR staff will determine if the grievance allegations do constitute possible discrimination under disability access laws. If so, a case will be opened.
If the grievance allegations do not constitute possible discrimination under disability access laws, a case will not be opened (for example, OCR cannot accept a grievance that claims discrimination by a state government program, or one that does not identify who was being discriminated against). A letter will be sent to the grievant explaining OCR’s determination and, if appropriate, referring the grievant to another enforcement agency. Keep in mind that each enforcement agency has its own grievance process.
What happens when OCR receives my grievance form?
- OCR will determine if the grievance is appropriate for the grievance process.
- If the grievance is accepted, an OCR Disability Compliance Specialist will be assigned to coordinate work on your grievance.
- OCR will send you a letter confirming receipt of your grievance.
- OCR will forward a copy of your grievance to the King County Department(s) involved, together with a cover letter from OCR requesting a response to the allegations and a proposed resolution.
In resolving a grievance, what does the Disability Compliance Specialist do?
The Disability Compliance Specialist is responsible for facilitating and coordinating all activities to resolve the grievance. If needed, the Specialist is available to:
coordinate meetings between the parties,
provide information and technical assistance to the grievant, and
provide technical assistance to the department, including information about disability access laws and regulations, reasonable accommodations, or other services as requested by the department.
When resolution of the grievance requires action, such as modifications to a facility or changes to procedures for a service or program, OCR will monitor work activities until they have been completed.
How long does it take to resolve grievances?
OCR works to resolve all grievances in a timely manner, with a goal of achieving resolution within ninety (90) calendar days of OCR’s receipt of a grievance; however, resolution may take longer. The assigned Disability Compliance Specialist will send the department’s finalized response and offer of resolution to the grievant.
What if I don’t agree with the resolution of the grievance?
If you do not agree with the grievance resolution proposed by the department, you may send a written request for a different resolution to the OCR manager within thirty (30) days after you receive the department’s response. The OCR manager will review the grievance and proposed resolution, and determine if there are other options for resolution. The OCR manager will send a letter to you outlining the results of that review and determination, and may confirm the department’s letter of response as final resolution.
When will OCR close a grievance?
A grievance will be closed by OCR:
when you, the department and OCR agree to the proposed resolution;
when there is no agreement but you make no request for a different resolution within thirty (30) days; or
when the OCR manager issues a written response to a request for a different resolution confirming a final response. This final response closes the grievance, although you may find that resolution unsatisfactory.
Do I need an attorney to file a grievance?
No. You do not need an attorney to file or pursue this grievance with OCR. However, you may wish to seek legal advice regarding your rights under the law. Please keep in mind that OCR staff cannot give you legal advice or act as legal counsel for you.
Do I have to file a grievance with OCR before I file a grievance with a Federal agency or a court?
No. The ADA does not require individuals to complete the King County ADA grievance process before filing a grievance with any State or Federal agency or in court.
What if I need some help with the grievance process?
You may contact OCR’s Disability Compliance Specialists if you need help completing the form or have questions regarding rights and protections of the grievance procedure.
OCR will provide reasonable accommodations at any point in the grievance process to facilitate full and effective participation by the grievant. Upon request, an alternative format of the grievance form will be made available.
Disability Compliance Specialist & King County ADA Coordinator
Karen Ozmun 206-296-7706, TTY 296-7592
Yesler Building
400 Yesler Way, Room 260
Seattle, Washington 98104-2683
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