Grievance Procedure Under Section 504 of the Rehabilitation Act of 1973 and the Americans With Disabilities Act of 1990

Maryland Department of Human Services (MDHS) has adopted an internal grievance/complaint procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by the U.S. Department of Justice regulations implementing Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act (ADA). Section 504 of the Rehabilitation Act of 1973 states, in part, that “no otherwise qualified individual with a disability shall be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” Title II states, in part, that “no otherwise qualified disabled individual shall, solely by reason of such disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination in programs or activities sponsored by a public entity.” This grievance procedure is established to meet the requirements of Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act. It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in the provisions of services, activities, programs, or benefits by MDHS.

An individual who believes he or she has been discriminated against on the basis of disability in the provision of services, activities, programs or benefits by an LDSS should, if possible, try to resolve the issue locally with the supervisor or director of the program or services. If this informal attempt at resolution is unsuccessful, the complainant shall follow these steps and file a complaint with the appropriate LDSS Customer Access Coordinator (CAC), or designee.

Procedures:

  • Submit a discrimination complaint form and/or a letter to the appropriate LDSS Customer Access Coordinator (CAC) or designee.
  • A complaint must be in writing and must contain the name, address, phone, and email of the person filing it and description of the problem/information about the alleged violation, including the date, parties involved, and location/LDSS or county government building, program, or service where the incident occurred.
  • If the complainant needs a reasonable accommodation to communicate his or her complaint (i.e., an interpreter, an alternative format), an alternative means of filing the complaint or receiving the response may be requested.
  • Complaints should be filed in as timely a manner as possible, but no later than 30 calendar days after the alleged violation.
  • Complainants should submit the signed and completed discrimination complaint to the appropriate LDSS CAC Coordinator, or designee. The CAC or designee must forward a copy of the discrimination complaint to OEPE within five (5) business days.
  • The CAC or designee will conduct an investigation of the complaint. These rules contemplate informal but thorough investigations, affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to a complaint.
  • The CAC or designee will provide a response in writing, or in an alternative format if requested, to the complainant within 30 business days after the complaint is received. The response will explain the position of MDHS and offer options for substantive resolution of the complaint.
  • If the CACs response does not resolve the issue, the complainant can request reconsideration. The request for reconsideration should be made in writing, or in an alternative format upon request, within 30 calendar days of receiving the CAC’s decision to the ADA Coordinator:

    Cynthia Joseph
    MDHS ADA Coordinator/EEO Compliance Officer
    Office of Employment and Program Equity (OEPE)
    25 South Charles Street, Ste. #1860
    Baltimore, MD 21201
    (Office) 410-767-7715
    [email protected]
  • The ADA Coordinator will review the complaint, conduct an additional investigation if necessary, and respond to the complainant in writing, or in an alternative format upon request, within 30 business days after receipt of the request for reconsideration.
  • If the ADA’s response does not resolve the issue, the complainant can request reconsideration. The request for reconsideration should be made in writing, or in an alternative format upon request, within 30 calendar days of receiving the ADA’s decision to:


    MDHS Office of Employment and Program Equity (OEPE)
    25 S. Charles Street Room 1865
    Baltimore, Maryland 21201
    (410) 767-7861 or (410) 767-7202
    [email protected]
  • OEPE will review the complaint, conduct an additional investigation if necessary, and respond to the complainant in writing, or in an alternative format upon request, within 30 business days after receipt of the request for reconsideration.
  • The CAC or designee must maintain copies of all written ADA and Section 504 complaints, investigations, responses, and findings for at least 3 years on a shared drive labeled: “VRA ADA/Section 504 Investigative Files.”
  • These rules shall be construed to ensure MDHS complies with the ADA and implementing regulations.
  • Use of this grievance process does not preclude the complainant from filing a complaint with the designated federal agency or filing a lawsuit for injunctive relief and damages. An individual may choose to pursue any or all of these methods.

If the individual still believes the complaint has not been resolved, they may submit an ADA Complaint Form (Regular Format | Large Format) or a letter containing the same information to the U.S. Department of Justice’s Civil Rights Division website, with photocopies of any documents that support the complaint, and, if relevant, information on how you communicate effectively (for example, if you need written communications in an electronic format or you use video relay services).There is a given timeline of 180 days to file a complaint with the U.S. Department of Justice.

U.S. Department of Justice

950 Pennsylvania Avenue Northwest

Washington, DC 20530-0001

Phone: 202-514-2000

Also, a complaint may be filed with the Office for Civil Rights (OCR) if an individual has experienced discrimination based on race, color, national origin, sex, age, or disability, or if health information privacy rights were violated. For Health and Human Services complaints (HHS), use the HHS OCR Complaint Portal. Complaints must be filed within 180 days of the incident, either online via the OCR Electronic Complaint Form or by mail/email.

U.S. Department of Health and Human Services (HHS)
Office of Civil Rights
Centralized Case Management Operations
200 Independence Avenue, S.W.
Room 509F HHH Bldg.
Washington, D.C. 20201
[email protected]
Phone: 800-421-3481

Note: At any time during the complaint procedure, the complainant may submit their complaint directly to the U.S. Department of Justice or the U.S. Department of Health and Human Services.