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. Manchester-Boston Regional Airport 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.
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
1. The complainant should complete the ADA Complaint Form, obtained from the MHT internet webpage or from the MHT ADA Compliance Coordinator. All complaints must be in writing, and the form filed with MHT’s ADA Compliance Coordinator within 180 calendar days of the alleged disability-related discrimination. Alternative formats of the form will be provided upon request.
2. Within 30 calendar days after receiving a written complaint, MHT ADA Compliance Coordinator will investigate and respond in writing, explaining MHT’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 audiotape. If the response by the MHT ADA Compliance Coordinator does not satisfactorily resolve the complaint, the complainant or his/her designee may appeal the decision within 15 calendar days after receipt of the response to the Director, Office of Fair Practices. In these instances, the complainant will be notified that the complaint is being forwarded for further review and resolution.
3. The Airport Director, or designee shall prepare a written decision, after full consideration of the complaint merits within 30 calendar days. A copy of the written decision shall be mailed to the complainant, and filed by the MHT ADA Compliance Coordinator for at least (3) three years.
4. MHT ADA Compliance Coordinator shall track and 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 filing a complaint or preventing filing is strictly prohibited.
Notice of Options to File
1. The use of MHT’s ADA/504 Complaint Procedure does not preclude persons from filing a formal complaint with the (Civil Rights Division) of the Federal Aviation Administration (FAA).
a. If the complaint is not resolved with MHT, The Complainant may contact the Airport Director. They investigate complaints from travelers with disabilities who believe they have not been provided the same level of access that an airport provides to all travelers under accessibility requirements and regulations.
b. For complaints involving security checkpoints, the Transportation Security Administration (TSA) shall be notified.
c. For complaints involving airline operators, the Aviation Consumer Protection Division shall be notified.