THE CITY OF NEW YORK
OFFICE OF ADMINISTRATIVE TRIALS AND HEARINGS
40 RECTOR STREET • NEW YORK, N. Y. 10006
212-442-4900 FAX 212-442-8913 TDD 212-442-4939
WWW.NYC.GOV/OATH

ADA GRIEVANCE PROCEDURE

The Office of Administrative Trials and Hearings (OATH) has adopted a procedure for prompt and equitable resolution of complaints alleging any action prohibited by the United States Department of Justice regulations implementing Title II of the Americans with Disabilities Act (ADA). Those regulations state, in part, that "[n]o qualified individual with a disability shall, on the basis of disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any public entity." [28 C.F.R. § 35.130(a)].

Complaints about OATH’s compliance with the ADA or with regulations implementing the ADA should be addressed to Cherron Howard-Williams, OATH's Office Manager, by mail at 40 Rector Street, New York, NY 10006-1705, by fax at 212-442-8910. In addition, inquiries may be addressed to Ms. Howard-Williams by telephone at 212-442-1828 or by telecommunications device for the deaf (TDD) at 212-442-4939. OATH will provide assistance to any person who needs a reasonable accommodation in filing a complaint.

A complaint must be filed in writing, and must include the name and address of the person filing it and a brief description of the alleged violation. A complaint must be filed within thirty days after the complainant becomes aware of the alleged violation.

In appropriate cases, Ms. Howard-Williams will attempt to resolve the complaint on an informal basis, with the goal of reaching a solution that is satisfactory to both the complainant and OATH. Where necessary, an investigation will be conducted by or under the supervision of Ms. Howard-Williams. When the complaint has not been resolved informally, Ms. Howard-Williams will submit a confidential written report to the Chief Administrative Law Judge with proposed findings as to whether OATH’s policy or action is consistent with the ADA, and, if not, the report will also recommend corrective action. The Chief Administrative Law Judge will review Ms. Howard-Williams's report and take any corrective action that he or she determines to be necessary and appropriate.

Ms. Howard-Williams will advise the complaining party of any action taken with respect to the complaint. Ms. Howard-Williams shall maintain the files and records of OATH relating to the complaints filed.

The complainant's right to a prompt and equitable resolution of the complaint filed in accordance with this grievance procedure shall not be impaired by that person's pursuit of other remedies, such as filing of an ADA complaint with the responsible federal department or agency. Use of this grievance procedure is not a prerequisite to the pursuit of other remedies available under the ADA.