Submitting Complaints When You Can't Hear Well
Below are ideas for working locally, in your state, or nationally to resolve issues with assistive listening system equipment that is not working or out of compliance.
While the ADA covers many situations, other agencies and jurisdictions also apply.
What Could Possibly Go Wrong?
Malfunctioning equipment, absent equipment, poor sound quality, echo (latency), buzzing sounds, soft sounds, system not turned on, missing signage, dead batteries, missing neckloops, untrained staff, etc. can be problematic for people with hearing loss. The Americans with Disabilities Act (ADA) requires assistive listening systems (hearing loop, FM/RF, and infrared systems) as well as devices for Effective Communication.
To make improvements and changes, you are the best person to determine what is best for your situation and needs.
Video. Learn more about what counts as a disability, what your rights are, and how the ADA protects people with many different types of conditions. (3:27)
Is Hearing Loss a Disability?
Short answer: yes.
Longer explanation. Many people do not identify with the word disability. Why? Because for many, disability means the Social Security definition, permanent and unable to work. The ADA’s broad definition is simply not on their radar.
The ADA guarantees that people with disabilities have the same opportunities as everyone else to enjoy employment opportunities, purchase goods and services, and participate in state and local government programs.
From the ADA, “A person with a disability is someone who has a physical or mental impairment that substantially limits one or more major life activities” and “People who have vision, hearing, or speech disabilities (“communication disabilities”) use different ways to communicate.”
Disability is common and ordinary.
Enforcement is a “Complaint-Driven” Process
Sometimes, when you try to work with an organization directly, things don’t change, and you still can’t hear clearly. Submitting a formal complaint can sometimes help prompt action. Or sometimes you wish to submit a complaint immediately, based on discrimination and civil rights violations.
There are no ADA inspectors to check and verify that facilities are in compliance. Therefore, the most important person in this process is the person who submits the complaint. If there are no complaints, there are no changes.
Once someone has submitted a formal complaint, various government agencies are responsible for investigating complaints, and sometimes for pursuing court action.
Terminology. “Write a Complaint” implies just the writing and doesn’t say what you are going to do with it. “File a Complaint” implies a lawsuit. “Submit a Complaint” says what it is that the person will submit a complaint to an organization, whether it is to the organization that did not provide hearing access or to a government agency to investigate the complaint of the lack of hearing access.
Once you submit a formal complaint, be ready to cooperate in any investigation, mediation process, or request for further documentation.
- Enforcing the Americans With Disabilities Act, National ADA Network (webpage)
- Disability Rights Laws: What to Do (Portland.gov)
Working Locally with Problems and Concerns
Usually, working locally is quicker for resolving problems by expressing concerns either verbally or in writing, using existing internal grievance procedures. Below are some options for consideration.
If your telecoil in your hearing aid or cochlear implant is not working, it is likely that you can resolve the issue with your audiologist or hearing instrument specialist. They can answer your questions or educate you in using assistive listening systems.
However, if you cannot
- Your State can help with consumer protection issues. Audiologists and hearing instrument specialists are licensed by the state.
- If you feel there is an ethics concern, ASHA (American Speech-Language-Hearing Association): Filing a Complaint of Alleged Violation of the ASHA Code of Ethics or the Assistants Code of Conduct
- Troubleshoot. Educate and work with the venue/organization/institution. Try to use written communication, either as initial inquiries or as follow-up. Sometimes you may need to contact someone in a supervisory position. See
- Hearing loop troubleshooting and
- FM/IR troubleshooting (this website)
- Contact us if you need assistance for hearing loop, FM, infrared (IR) systems for writing inquiries, troubleshooting feedback, etc.
- Inquiries (this website)
- Write a Google review. Sometimes sites will respond to reviews. Screenshots, ideas and “how to” links (this website)
How to Write Complaints
- As much as possible, document everything in writing, with names, emails, phone call logs, letters, photographs, etc.
Information to Include in a Complaint:
- Your name, address, phone number, and email.
- The name and address of the entity that discriminated against you.
- A description of the incident, including dates, times, and names of people involved.
- Any supporting documentation, such as photographs, correspondence, or emails.
- Include information about what is required for assistive listening systems under the ADA. Not all institutions are fully aware of compliance requirements. The Center for Hearing Access (CHA) has made two handout that you can attach or refer in a link.
- Please see the ADA requirements & Assistive Listening Systems (1 page, pdf). Short summary of the ADA requirements for assistive listening
- Please refer to Hearing Loss and The Need for Assistive Listening Systems (2 pages, pdf)
- For questions, feel free to contact CHA
Need ideas? Not sure what language to use? Need ideas? Not sure what language to use? There are a couple of choices, depending on your needs.
- Templates to modify for filing a complaint A menu of sample language to choose from when composing your complaint (this website).
- Complaint template Word template to capture the inaccessibility you experienced using a simple form. (1 page, Word document)
Remedies can include repairing non-functioning system components; supplying required ancillary equipment such as neckloops; pre-event sound check of assistive listening system (ALS); additional microphones for Q&A; information about the facility’s ALS provided at the start of the event on a slide or a verbal announcement; permanent signage; staff training; accessibility contact person listed on webpage, and so forth.
Reading prior settlements can give you ideas on what’s important, content, and the scope. Note: only final judgments are published federally. Local complaints, some types of complaints, and ones that settle early, may not be publicly available.
See ADA settlements (this website)
Where to Submit Complaints
ADA coordinator at the business, venue, or institution. Contact information for ADA coordinators can be found on business, venue, or institution’s website (required for Title II entities; strongly recommended for Title III entities).
About ADA Titles I-V (this website)
File a discrimination complaint with your state’s Human or Civil Rights Division. Contact information for each state (webpage). Hearing Well is a Civil Right.
Determine the appropriate agency, such as
Federal Agencies, Departments, Services, etc.
- Architectural Barriers Act (ABA), Access Board (webpage). Scope: accessibility barrier at a building or facility covered by the ABA. Examples include U.S. post offices, Veterans Affairs medical facilities, national parks, Social Security Administration offices, federal office buildings, U.S. courthouses, and federal prisons. These facilities must meet standards for accessible design, which indicate where access is required and provide detailed specifications for ramps, parking, doors, elevators, restrooms, assistive listening systems, fire alarms, signs, and other accessible building elements.
- Civil Rights Center (webpage)
- Department of Justice (webpage) DoJ responsibilities (webpage)
- Department of Transportation (webpage) for cruise ships
- Equal Employment Opportunity Commission, EEOC (webpage)
- Federal Transit Administration (webpage)
- Health and Human Services, Civil Rights (webpage)
- Listing of other Federal agencies
Federal: Air Travel Resources
- Pacific ADA Center. Complaints about Air Travel Accessibility. Who to contact for different types of problems
- Department of Homeland Security, Complaint (webpage)
- Department of Transportation, Air Travel Service Complaint (webpage)
- Federal Aviation Administration (FAA) Office of Civil Rights (webpage)
- Individual airline, links to specific airline carriers (this webpage)
FCC Non-assistive listening (captioning, phones, etc.)
- Disability Rights Office: FCC Accessibility
- Accessibility Complaint Filing Categories
- Complaints Center (6 types including accessibility)
- Tell Us Your Story. Opportunity to comment (good or bad) on telecommunications issues or providers.
Locally
- If you have a concern, it is likely you will get it resolved with your audiologist or hearing instrument specialist.
State
- However, if you cannot resolve your concerns, look to your state agencies to submit a complaint:
- Consumer protection issues
- Licensing boards for audiologists or hearing instrument specialists
National Professional Ethics Committees
You can submit an inquiry or a complaint against an individual for possible noncompliance with the organization’s Code of Ethics.
- International Hearing Society (IHS) [Hearing Instrument Specialists]
- Grievance Committee. Information in Bylaws
- IHS Code of Ethics
- American Academy of Audiology (AAA) [Audiologists]
- American Speech-Language-Hearing Association (ASHA) [Audiologists]
What to Expect
When filing a complaint with the Department of Justice (DOJ) regarding a disability-related issue, you can expect a process that may involve investigation, mediation, and potential litigation. The DOJ will review your complaint, and if they find it to be within their jurisdiction and supported by sufficient information, they will initiate an investigation or refer it to their ADA Mediation Program. You may be contacted to provide additional information, and the process can take time, potentially up to three months for initial review.