Maryland Aviation Administration Americans with Disabilities Act and Section 504 of the Rehabilitation
Act of 1973 Complaint Procedure
The Americans with Disabilities Act (ADA) states that a public entity is required to inform the public of the protections against discrimination afforded to them by Title II of the ADA, including information about how Title II requirements apply to its particular programs, services, activities and benefits (28 CFR §35.106). Section 504 of the Rehabilitation Act of 1973 prohibits discrimination on the basis of disability in any program, service or activity that receives Federal funds. Maryland Aviation Administration (MAA) receives such funds for airport construction and other programs and services through the Federal Aviation Administration (FAA).
A public entity that employs 50 or more persons is required by the ADA to adopt and publish procedures providing for prompt and equitable resolution of complaints alleging any action that would be prohibited by Title II of the ADA. The MAA procedure is described below.
Who May File a Complaint
The list below identifies individuals who may file a complaint:
- Any person with a disability, or his or her designated representative, who believes that they have been the subject of disability-related discrimination on the basis of the denial to access to facilities, programs or services.
- Individuals, who may not be disabled themselves, but have a relationship or association with an individual with a known disability, and have been subjected to discrimination on the basis of that association.
- Any individual who feels that they have been retaliated against or opposed any act or practice made unlawful by the ADA/504.
- Any individual, who made a charge, testified, assisted or participated in any manner in an investigation, proceeding, or hearing under the ADA/504.
For purposes of ADA, a person with a disability is an individual who:
- has a physical or mental impairment that substantially limits one or more major
life activities; or
- has a record or history of such an impairment; or
- is perceived or regarded as having such impairment.
Instructions for Filing a Complaint
The complainant should complete the ADA Complaint Form. All complaints must be in writing, and the form filed with MAA’s ADA Coordinator within 180 days of the alleged disability-related discrimination. Alternative formats of the form will be provided upon request. The ADA Complaint Form may be obtained from:
Maryland Aviation Administration
ADA Title II Coordinator
P.O. Box 8766, BWI Airport MD 21240
1-800-735-2258 (Maryland Relay)
The form is available here.
There are two options for filing an ADA Complaint with the MAA.
Within 14 days after receiving a written complaint, the complainant will have the option to meet with the ADA Title II Coordinator. If the complainant chooses not to meet, the ADA Title II Coordinator will respond in writing, explaining the Maryland Aviation Administration’s position and offer options for resolution. When requested, responses will be in a format accessible to the complainant, such as large print, Braille or audio tape. The complaint will be forwarded to the Office of Fair Practices for a formal investigation if it is unable to be resolved by the ADA Title II Coordinator. In these instances, the complainant will be notified that the complaint is being forwarded for a formal investigation.
The Office of Fair Practices will log the complaint and begin a formal investigation. The investigation is tracked and actions taken toward resolution are documented. Copies of the formal External Non-Discrimination Complaint Procedures are available from the Office of Fair Practices.
The Office of Fair Practices, Manager EEO/AAP Compliance Section shall prepare a written decision, after full consideration of the complaint merits within 30 days. A copy of the written decision shall be mailed to the complainant, the ADA Title II Coordinator and the appropriate operating Offices within MAA.
MAA shall maintain the confidentiality of all files and records relating to complaints filed, unless disclosure is authorized or required by law. Retaliation, coercion, intimidation, threat, interference or harassment for the filing a complaint or preventing filing is strictly prohibited.
Notice of Options to File
The use of MAA’s ADA/504 Complaint Procedure does not preclude persons from filing a formal complaint with the Maryland Commission on Human Relations, the Civil Rights Divisions of the Federal Aviation Administration, the U.S. Department of Transportation or the U.S. Department of Justice.
Any person who believes he or she has been discriminated against based on his or her disability also has the right to bring a lawsuit to enforce their rights under Title II and may receive the same remedies as under Section 504 of the Rehabilitation Act of 1973, including reasonable attorney’s fees.