Complaints
Below are ideas on working locally, in your state, or nationally to resolve issues with assistive listening system equipment not working or out of compliance.
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 hearing loop, FM, and infrared systems, which are required under the ADA.
To make improvements and changes, you are the best person to determine what might be best for your situation.
ADA 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. Filing a formal complaint sometimes helps to get some action. Or sometimes you wish to file 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 files the complaint. If there are no complaints, there are no changes.
Once someone has filed a formal complaint, various government agencies are responsible for investigating complaints, and sometimes for pursuing court action.
Once you file 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)
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 you will get it resolved with your audiologist or hearing instrument specialist.
However, if you cannot, your State can help with consumer protection issues. Audiologists and hearing instrument specialists are licensed by the state.
- 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.
- Include information about what is required for assistive listening systems. Not all institutions are fully aware of compliance requirements. Center for Hearing Access can provide this information for you. Contact CHA
Need ideas? Not sure what language to use? Need ideas? Not sure what language to use?
Templates to modify for filing a complaint (this website).
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
- 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)
- Federal, air travel resources
- 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
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.