Sen. Tammy Duckworth (D-Ill.) and other lawmakers aim to make it easier for disabled Americans to take action when they believe their rights have been violated.
Duckworth sent a letter to the Justice Department on Thursday calling for more transparency and updates on the Americans With Disabilities Act (ADA) mediation program, an informal process aimed at helping parties develop mutually agreed-upon solutions that comply with federal law. law.
The Department of Justice has brokered thousands of conversations between disabled people and public agencies to address alleged violations of the ADA.
But the senator’s letter, which was co-signed by Senators Dick Durbin (D-Ill.) and Bernie Sanders (I-Vt.), alleged that the DOJ has failed to provide transparent and timely updates to Congress and the public about the programs. performance and effectiveness in more than a decade, despite this being on a Quarterly basis in the past.
“When disabled people’s rights are violated, disadvantaged people deserve to be heard and should receive the support they need quickly and fairly. Although the Justice Department’s mediation program has made progress as a valuable tool for resolving ADA complaints, the DOJ has not shared regular updates on the program’s performance with Congress or the American people in more than a decade—and that has to change,” said Duckworth. said in a statement to HuffPost.
“I call on the DOJ to provide feedback on this program so we can ensure it is as effective and efficient as possible for the millions of Americans who live with disabilities and experience discrimination in our country,” she said.
The ADA prohibits discrimination on the basis of disability in the US. However, there are times when public and private entities fail to comply with federal law, requiring disabled Americans to stand up for their rights when confronted with violations.
When an individual believes that his or her rights have been violated by a public or private entity, he or she can file a complaint with a federal agency, such as the DOJ. According to her, the department is websiteoffers certain ADA disputes to mediators who can facilitate one or more conversations between parties to resolve the dispute.
The disputes often turn around “removing barriers to program accessibility, policy changes, and effective communication,” according to the Department of Justice information on the ADA Mediation Program. If a resolution cannot be reached, the DOJ may initiate a formal investigation.
The Ministry of Justice said that the mediation process serves to address the barriers faced by people with disabilities while “enabling the Department to achieve meaningful compliance with the law without having to allocate scarce resources to investigate or litigate these disputes.”
When disability rights are violated, those affected deserve to be heard and should receive the support they need quickly and fairly.Sen. Tammy Duckworth (D-Ill.)
But Michelle Uzeta, deputy legal director at the Disability Rights Education and Defense Fund, told HuffPost that she doesn’t know anyone who has been referred to the mediation program in her 30 years of work, adding that the Justice Department does not accept the majority of complaints from people with disabilities disability for investigation or referral to mediation.
“It is no secret that the department is underfunded, under-resourced, and subject to the priorities of changing governments,” Uzeta said. “That is why private enforcement of the ADA by people with disabilities remains critical. Without it, the ADA’s promise of full and equal participation in society will never be realized.”
According to the Ministry of Justice websiteSince its inception in 1994, more than 7,000 complaints have been referred to the mediation program nationwide and approximately 78% of mediated cases have been successfully resolved.
But transparency and information about its effectiveness and performance have been poor over the past decade. The last report with information about the mediation program was published in 2011.
The Justice Department did not immediately respond to HuffPost’s request for comment.
Uzeta, an expert on ADA lawsuits, said she hasn’t heard many complaints from the disability community about the mediation program, which she believes is because those who are even aware of the program considers the chance that you will be referred to it to be nil.
“I don’t think most people with disabilities are aware of the program. The program is not well advertised or promoted — and the ADA complaint process in general is not well promoted,” she said.
But she said she has heard calls for more transparency about what types of complaints the department receives and whether they have been dismissed, referred to mediation or investigated by the Justice Department.
“As advocates, we want to know what types of complaints the department is receiving, what trends are emerging, what priorities the department has, and how complaints are being handled or resolved,” Uzeta said.
The senators are calling on the DOJ to provide more recent information about the mediation program through a series of questions, from clarity on what constitutes a successful resolution through the program to updates on the number of cases referred to the mediation program.
