Grievance Procedures
General Overview
Grievance procedures set out a system for resolving complaints of disability discrimination in a prompt and fair manner. Under Section 504 of the 1973 Rehabilitation Act and the Americans with Disabilities Act (ADA), certain entities (based on receipt of federal financial assistance or type and size) are required to adopt and publish procedures for resolving grievances that arise from claims of 504 or ADA violations. It is vital for organizations to establish clear channels for addressing grievances to ensure compliance, foster inclusivity, and uphold the rights of individuals with disabilities. Grievance procedures should be outlined for employee and internal processing, and public-facing processes should be outlined for visitors to share insights and feedback. It’s important to continually evaluate the effectiveness of the grievance procedure through regular feedback, as well as to adapt the process to meet the changing needs of the community. Establishing an effective grievance procedure not only facilitates resolution but also promotes a culture of accountability and responsiveness.
Implementation
While your organization may not have a legal obligation to establish and share internal and external grievance procedures, it can be beneficial to proactively create clear plans and policies to address and respond to any disability discrimination concerns.
- Promote a culture of openness where individuals feel safe reporting grievances and can trust they will receive a response.
- Develop a grievance review team and ensure there is representation from various departments and/or perspectives on that team.
- Establish a clear, written grievance procedure outlining each step of the process and the estimated timeline for each step.
- Provide anonymous reporting options to ensure individuals can submit grievances without privacy concerns or fear of retaliation.
- Create multiple channels for submitting grievances (e.g., online forms, in-person meetings) and ensure that the process of submitting a grievance is accessible.
- Provide multiple formats for submitting grievances including online and in print, as well as in multiple languages, to ensure the process is transparent and accessible for everyone.
- Train staff on the grievance procedure and how to handle complaints effectively. Share information with staff to identify the status of a specific grievance and communicate about the timeline of the process.
- Keep those who file grievances actively informed about the process and the implementation of improvements.
- Regularly review and update the grievance procedure based on feedback and evolving standards.
Templates to create your own grievance procedures can be found in the “Learn More” section below.
Associated Legal Requirements or Obligations
Please note that, while this content was developed by people with expertise in the ADA and legal requirements related to access, it was created for informational purposes and should not be considered legal advice.
- Title II of the ADA
- State and local government entities with 15 or more* employees must adopt and publish grievance procedures that provide for the prompt and equitable resolution of complaints. (28 CFR §35.107)
- Designation of an ADA Coordinator: Required for entities with 50 or more employees to oversee compliance and handle grievances (28 CFR §35.107) * The original threshold was 50 employees
- Title III of the ADA
Businesses and nonprofits (public accommodations) are not required to establish a grievance procedure but are strongly encouraged to do so. Recommended Best Practices:
- Establish an internal complaint process for handling ADA-related concerns.
- Offer Alternative Dispute Resolution (ADR) methods like mediation before legal action.
- Provide clear public notice on how to report accessibility concerns.
- Train staff on grievance handling and reasonable modifications policies.
- Reference: 28 CFR § 36.501 (Private Right of Action)
- Reference: 28 CFR § 36.302 (Reasonable Modifications)
- Section 504 of the Rehabilitation Act:
- Grievance and Designated Coordinator (34 CFR § 104.7): Organizations receiving federal financial assistance and 15 or more employees must establish and publish grievance procedures to resolve disability discrimination complaints and designate a Section 504 Coordinator.
- Public Notice Requirement (34 CFR § 104.8): All organizations receiving federal financial assistance must notify participants and employees of their rights and the grievance process.
See also:
- Accessibility Coordinator
- ADA (Americans with Disabilities Act)
- IDEA (Individuals with Disabilities in Education Act)
- Readily Achievable Barrier Removal
- Reasonable Accommodation
- Rehabilitation Act of 1973
- Section 504 of the Rehabilitation Act
- Title III of the ADA or a Title III Entity
- Title II of the ADA or a Title II Entity
- U.S. Access Board
- WCAG (Web Content Accessibility Guidelines)
Learn More
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