Section 504 Complaints

[free_spirit_etc]

The following link gives contact info for filing Section 504 complaints for various federal agencies (discrimination on the basis of disability).

http://www.access-board.gov/enforcement/504.htm

The contact for the VA is:

Mr. Tyrone M. Eddins

External Affairs Program Manager

Department of Veteran Affairs

Office of Resolution Management

810 Vermont Avenue, N.W.

Washington, DC 20420

(202) 501-2800

tyrone.eddins@mail.va.gov

Interesting to note that discrimination can be intentional or unintentional. And failure to take someone's disability into consideration, and / or provide reasonable accomadation for the disability is included in discrimination.

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF NORTH CAROLINA

CHARLOTTE DIVISION

UNITED STATES OF AMERICA, )

Plaintiff, )

)

and )

)

)

TAYLOR HOME OF CHARLOTTE, INC. )

Intervenor-Plaintiff. ) CIVIL ACTION NO.

) 3:94-CV-394-MU

v. )

)

)

CITY OF CHARLOTTE, NORTH CAROLINA, )

Defendant. )

)

UNITED STATES' MEMORANDUM IN OPPOSITION TO DEFENDANT'S

MOTIONS TO DISMISS INTERVENOR'S

SECOND AND FOURTH CLAIMS

STATEMENT OF THE CASE

Individuals and entities who are injured by discrimination

on the basis of disability have standing under section 504 even

though they are not, themselves, individuals with disabilities.

In Sullivan v. City of Pittsburgh, 811 F.2d 171, 182 n. 12 (3d

Cir. 1987), cert. denied, 484 U.S. 849 (1989),

Section 504's protection extends not just to handicapped individuals who are direct participants in federally-funded programs or activities but also to those who are intended ultimate beneficiaries of such programs or activities. Under 504, discrimination on the basis of handicap is actionable upon a simple showing that discrimination has resulted in "a diminution of the benefits [a disabled individual] would otherwise receive from [a federally-funded]program." . . . In fact, the clear intent of Congress in enacting 504 was to make unlawful direct or indirect discrimination against any handicapped individual who would benefit from a federally-funded program or activity.

Title II's antidiscrimination provision employs expansive language, intended to reach all actions taken by public entities.

It states:

[N]o qualified individual with a disability shall, by

reason of such disability, be excluded from

participation in or be denied the benefits of the

services, programs, or activities of a public entity,

or be subjected to discrimination by such entity.

Title II's legislative history leaves no doubt that Congress

intended title II to cover every action taken in every forum in

which a public entity may function. The House Report states:

"The Committee has chosen not to list all the types of actions

that are included within the term 'discrimination,' as was done

in titles I and III, because this title essentially simply

extends the antidiscrimination prohibition embodied in section

504 to all actions of state and local governments." H.R. Rep.

No. 485 (II), 101st Cong., 2d Sess. 84 (1990), reprinted in 1990

U.S.C.C.A.N. 303, 367 (emphasis added). The House Report

emphasizes the broad coverage of title II later, stating: "Title

II of the bill makes all activities of State and local

governments subject to the types of prohibitions against

discrimination against qualified individuals with a disability.

[free_spirit_etc]

It kind of makes me think that when I tried to help my ex-father-in-law get an increase in his VA pension for Housebound and Aid and Attendance, when he was 97 and had a letter from his doctor and was receiving in-home services from Senior Citizens, the VA's required that he travel an approximately 100 mile round trip so one of THEIR doctors could determine if his 97 year old body needed a little help getting around - that was someone discriminatory...

He never got over there - and died before we could convince the VA that he was old and sick.