Complaint Procedure Under Section 504 of the Rehabilitation Act of 1973 (Section 504) and Title II of the Americans with Disabilities Act (ADA) of 1990
It is the policy of the Department of Public Health and Human Services (“DPHHS”) not to discriminate on the basis of disability. DPHHS has adopted an internal complaint procedure providing for the prompt and equitable resolution of complaints alleging any action prohibited by Section 504, the ADA, or the Federal regulations implementing these laws. The applicable Federal laws and regulations may be examined by contacting the following individual who is the DPHHS Section 504/ADA Coordinator and who has been designated to coordinate the efforts of DPHHS to comply with Section 504 and the ADA:
Civil Rights/EEO Specialist
Office of Human Resources
Montana Department of Public Health & Human Services
P.O. Box 4210
Helena, MT 59604-4210
Any person who believes she or he has been subjected to discrimination on the basis of disability may file a complaint under this procedure. It is against the law for DPHHS to retaliate against anyone who files a complaint or cooperates in the investigation of a complaint.
- Complaints can be filed orally or in writing and should contain:
- The name, address and telephone number of the individual or representative filing the complaint; complaints filed on behalf of third parties must describe or identify the alleged victims of the discrimination.
- An explanation of the discrimination or denial of service;
- The date the alleged violation(s) occurred;
- Corrective action that is sought;
- Signature of the person filing the complaint.
- A standard complaint form is available from the DPHHS Civil Rights/EEO Specialist or by accessing the following link: Complaint Resolution Form.
- Complaints must be submitted to the DPHHS Civil Rights/EEO Specialist as soon as possible but no later than sixty (60) calendar days after the date the person filing the complaint becomes aware of the alleged discriminatory action.
- The DPHHS Civil Rights/EEO Specialist, or designee, will conduct an investigation of the complaint. This investigation may be informal, but it must be thorough, affording all interested persons an opportunity to submit evidence relevant to the complaint.
- The DPHHS Civil Rights/EEO Specialist, or designee, will maintain the files and records of DPHHS relating to such complaints.
- The DPHHS Civil Rights/EEO Specialist, or designee, will issue a written decision to the person filing the complaint after the completion of the investigation.
- The person filing the complaint may appeal the decision of the Civil Rights/EEO Specialist by writing to the Director of DPHHS within fifteen (15) calendar days of receipt of the Civil Rights/EEO Specialist’s decision.
Nothing in this complaint procedure shall be construed to prevent an individual from pursuing other remedies including filing a formal complaint with other state or federal agencies. This procedure also does not preclude the individual from filing a lawsuit in federal or district court.
A complainant alleging discrimination is not obligated to utilize or exhaust an administrative complaint process in order to exercise the right to file a complaint with the following:
Department of Public Health and Human Services (DPHHS)
Montana Human Rights Bureau (HRB)
Office for Civil Rights (OCR)
United States Equal Employment Opportunity Commission (EEOC)
This policy will be followed unless it conflicts with negotiated labor contracts, which will take precedence to the applicable extent.
Page last updated: 11/07/2013