The City of El Paso has created a process to provide prompt and equitable resolution of complaints alleging unlawful discrimination on the basis of disability under ADA (Americans with Disabilities Act) or the Rehabilitation Act of 1973 Section 504 as it relates to City programs using federal financial assistance.

INDIVIDUALS WITH DISABILITIES

Section 504 of the Rehabilitation Act of 1973, as amended, prohibits employment discrimination on the basis of disability in any program or activity which receives Federal financial assistance. Discrimination is prohibited in all aspects of employment against persons with disabilities who, with or without reasonable accommodation, can perform the essential functions of the job. 

The ADA prohibits discrimination against persons with disabilities in several areas, including employment, transportation, public accommodations, communications and access to state and local government's programs and services.

If you believe you have been discriminated against on the basis of disability under ADA or a program of the City of El Paso which receives Federal financial assistance under Section 504 of the Rehabilitation Act of 1973, file a complaint using the process below.

Process

The City of El Paso will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services and activities.

Complaint-Filing Process

Anyone who requires a public accommodation or a modification of policies or procedures to participate in a program, service or activity may contact the department offering the service directly or the ADA coordinator following one of the methods below. If a complaint relates to discrimination on the basis of your disability, this process will trigger an in-depth investigation:

  1. Bring forth the complaint to the Accessibility Advisory Committee meeting.  See section under meetings for dates/times.
  2. File a complaint using the Contact page on this same website at http://www.elpasotexas.gov/ada/file-complaint
  3. Write an email to the ADA Coordinator at perezjc@elpasotexas.gov or send a written complaint to:  ATTN: ADA Coordinator, 5081 Fred Wilson, El Paso, TX 7906.
  4. Use the EP311 mobile app to submit a complaint. Using the same app, the complainant can follow-up on the progress of the investigation.

Note: This same process works when filing an accessibility issue. (Examples: Missing sidewalk, curb ramp or audio signal light or a facility or entity not being ADA compliant)

Complaint-Investigation Process

The City takes any complaints regarding violation of ADA law against one of its departments seriously.  There are several steps in the investigation process:

  1. Receipt of complaint is acknowledged and a timeline is provided for research and investigation.
  2. The investigator may elicit the facts surrounding the complaint, witnesses, and the complainant’s suggested resolution to the complaint.
  3. Once the research has been completed, the complainant is informed of the findings.  If a problem is identified, it will be accompanied by a remedial plan. If the research resulted in no violations found, the complainant will be given the opportunity to discuss the matter further or provide additional information that will aid in determining the issue.  The City will work earnestly and in good faith until a resolution has been reached.
  4. If the response is not satisfactory to the complainant, the complainant may appeal the decision.
  5. After a decision in the case has been decided, progress is monitored until compliance has been attained.
  6. Further investigation to maintain compliance may occur.

Note: Confidentiality is of the utmost importance. Everyone involved in an investigation has a privacy interest that must be protected.

Alternatives

The above procedures in no way exclude individuals from filing a complaint with the Office of Civil Rights and/or the United States Department of Justice.

You can file an Americans with Disabilities Act complaint alleging disability discrimination against a State or local government or a public accommodation (including, for example, a restaurant, doctor's office, retail store, hotel, etc.) online, by mail, or fax.

To file an ADA complaint electronically:

http://www.ada.gov/complaint/

To file a complaint under ADA or Section 504 of the Rehabilitation Act of 1973 by mail:

US Department of Justice
950 Pennsylvania Avenue, NW
Civil Rights Division
Disability Rights Section - 1425 NYAV
Washington, D.C. 20530

To file by Fax:

(202) 307-1197