American with Disabilities Act (ADA)

 

Alaska DOT&PF ADA Coordinator

Grace San Miguel Morfield
Alaska Department of Transportation & Public Facilities, Civil Rights Office
email grace.sanmiguel-morfield@alaska.gov
2200 E. 42nd Avenue
PO Box 196900
Anchorage AK 99519-6900
Phone907-269-0850
Phone1-800-770-6236 inside Alaska
Fax907-269-0847 fax

ADA Forms

ADA Policy Statement

"It is the policy of the Alaska Department of Transportation & Public Facilities (ADOT&PF) that no qualified individual with a disability shall, solely on the basis of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any of its programs, services, or activities as provided by Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 (ADA). ADOT&PF further assures that every effort will be made to provide nondiscrimination in all of its programs and activities regardless of the funding source, including FTA, FAA, FHWA, and state funds."

Program Structure

The Department ADA Coordinator, working out of the CRO, is responsible for oversight and assurances of the ADOT&PF ADA program. Many of the day-to-day activities regarding ADA compliance are handled individually by each section. The primary areas of responsibility actively handled

Reasonable Accommodation

"It is the policy of the Alaska Department of Transportation & Public Facilities to provide reasonable accommodation to any employee who qualifies as an individual with a disability under the Americans With Disabilities Act of 1990 (ADA)."

What is a Reasonable Accommodation?

Reasonable accommodation allows for equality of opportunity and full participation by persons with disabilities in ADOT&PF employment. They are made on a case?by?case basis for qualified persons covered by the Section 504/ADA at the request of the individual with a disability.

Reasonable accommodations may include but are not limited to: providing sign language interpreters; making materials available in large print or on audio tape or closed caption video tape; providing listening devices; adjusting examination procedures, training materials, and/or policies; modifying work schedules; acquiring and/or modifying equipment; and making facilities and offices accessible.

How to request a Reasonable Accommodation

A person wishing to request a reasonable accommodation should contact their Personnel Section, or the Department ADA Coordinator.

ADA Complaint

The State Of Alaska has an ADA Compliant Procedure that was developed to meet the requirements of State Administrative Order 129. The complaint procedure is found in Title 06 of the Alaska Administrative Code, Chapter 65 (06AAC65). This State Complaint Procedure has been modified by ADOT&PF to incorporate Section 504 with the Civil Rights Restoration Act of 1987.

What is an ADA Complaint?

An ADA Complaint is a formal process that occurs when an individual or a class of individuals believes that they have been subjected to discrimination by the Alaska Department of Transportation and Public Facilities (ADOT&PF) on the basis of disability.

How do I file an ADA Complaint?

When filing a complaint against ADOT&PF, the individual must meet the following requirements.

  • The complaint must be filed with the appropriate Division ADA Coordinator within 180 days of the date of the alleged discrimination.
  • The complaint must be in writing. It is strongly suggested that the complainant use the State of Alaska ADA Complaint form to ensure that necessary information for an investigation is provided.
  • Submit the written complaint to the CRO to the attention of the Department ADA Coordinator.

Regulating Authorities

Section 504 of the Rehabilitation Act of 1973, as amended. This law states that, "No otherwise qualified individual with a disability in the United States, as defined in Section 706(8), shall, solely by reason of her or his disability, 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."

49 CFR § 27 (Non discrimination on the Basis of Disability in Programs and Activities Receiving or Benefiting from Federal Financial Assistance). This regulation states that "The purpose of this part is to carry out the intent of Section 504 of the Rehabilitation Act of 1973 (29 USC 794) as amended, to the end that no otherwise qualified disabled individual in the United States shall, solely by reason of his or her disability, 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."

The Civil Rights Restoration Act of 1987. This act defines "program or activity" to mean "all of the operations" of an agency or department of State government receiving Federal financial assistance.

42 USC § 12101?12213 (The Americans with Disabilities Act (ADA) of 1990). This law expands the scope of Section 504 to include all public and private entities, not just those receiving federal assistance. The ADA states that: "No covered entity shall discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions and privileges of employment."

29 CFR § 16.30 (Employment) implements Title I of the Americans With Disabilities Act of 1990 (ADA), requiring equal employment opportunities for qualified individuals with disabilities and is enforced by the federal Equal Employment Opportunity Commission (EEOC).

28 CFR § 35 implements Title II of the ADA, prohibiting discrimination on the basis of disability by Public Services (state and local governments), and covers employment, services, programs, and activities of state and local governments, regardless of funding source.

State Administrative Order 129

ADA Links