Americans with Disabilities Act (ADA)

 

State of West Virginia
Notice Under The Americans With Disabilities Act

In accordance with the requirements of Title II of the Americans with Disabilities Act (ADA) of 1990, as amended, the State of West Virginia, henceforth known as the State, will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities.

Employment: The State does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission under Title I of the ADA.

Effective Communication: The State will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in public programs, services, and activities, including qualified sign language interpreters, documents in braille, and other ways of making information and communications accessible to people who have speech, hearing, or vision impairments.

Modifications to Policies and Procedures: The State will make all reasonable modifications to its policies and programs to ensure that people with disabilities have an equal opportunity to participate in and enjoy all of its programs, services, and activities.  For example, individuals with service animals are welcome in State offices, even where pets are generally prohibited.

Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to participate in a public program, service, or activity of the State, should notify the program, service, or activity provider of such a request as soon as possible, but no later than 48 hours before the scheduled event.

The State will not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the cost of providing auxiliary aids/services or reasonable modifications of policy, such as retrieving items from locations that are open to the public but are not accessible to persons who use wheelchairs.

The ADA does not require the State to take any action that would fundamentally alter the nature of its programs or services or impose an undue financial or administrative burden.

 

State of West Virginia 
Complaint Procedure Under The Americans With Disabilities Act

This complaint procedure is established to meet the requirements of Title II of the Americans with Disabilities Act (ADA) of 1990, as amended. It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, programs, or benefits provided by the State. The State Human Rights Act establishes public policy to provide all citizens with equal opportunities for employment, equal access to places of public accommodation, and equal opportunities in the sale, purchase, lease, rental, and financing of housing accommodations or real property.

The complaint should be in writing and contain information about the alleged discrimination, such as name, address, phone number of the complainant, and location, date, and description of the problem. Alternative means of filing complaints, such as personal or telephonic interviews, will be made available for persons with disabilities upon request.

The following agencies are available for assistance in filing a complaint of discrimination. Please note that time limits for filing a complaint after the alleged violation vary by agency.

 

West Virginia Human Rights Commission
1321 Plaza East 108 A
Charleston, WV 25301 
Online at OIG File a Complaint
Or by telephone toll-free at 888-676-5546.
Complaints must be filed within 365 calendar days of the alleged violation.

 

U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, NW
Washington, DC 20530
Online at File a Complaint
Or by telephone at 202-514-3847
Telephone device for the deaf TTY/TDD: 711
Complaints must be filed within 180 calendar days of the alleged violation.

 

(Employment-related complaints)
U.S. Equal Employment Opportunity Commission
1000 Liberty Avenue, Suite 1112
Pittsburgh, PA 15222
Online at Filing a Charge of Discrimination
Or by telephone at  1-800-669-4000
For Deaf/Hard of Hearing callers:
1-800-669-6820 (TTY)
1-844-234-5122 (ASL Video Phone)
Complaints must be filed within 300 calendar days of the alleged violation.

 

State employees should contact their agency's Human Resources Office with ADA complaints or concerns. If you are unsure of your representative or have additional questions, please contact the DOP Employee Relations section at 304-414-1853 or online at dopemprelations@wv.gov.

 

Additional Resources for State Residents

 

American with Disabilities Act (ADA)
Protects people with disabilities from discrimination
800-514-0301   |   https://www.ada.gov

 

​Developmental Disabilities Council
Assures that West Virginia Citizens with developmental disabilities receive the proper support, services and other forms of assistance that they need to achieve independence, exercise self-determination, productivity, and inclusion in the community
​304-558-0416   |   ddc.wv.gov

 

Disability Rights of West Virginia
Federally mandated protection and advocacy system for people with disabilities in West Virginia (Private, nonprofit agency)
304-346-0847   |   www.drofwv.org

 

Herbert Henderson Office of Minority Affairs 
304-356-2023   |   https://minorityaffairs.wv.gov

 

West Virginia Division of Labor (ADA)
Provides assistance to every business, consumer, employee and resident in West Virginia
​304-558-7890   |   https://labor.wv.gov

 

Women's Commission of West Virginia
Lifting the power and potential of Women and Girls in the State of West Virginia 
​304-356-2023   |   https://dhhr.wv.gov

 

Federal Laws and Guidance

For more on federal laws and guidance, visit www.eeoc.gov/l​aws-guidance.​