Frequently Asked Questions on Filing Civil Rights Complaints
- What will OCR do with my complaint?
- Is there a time limit involved with respect to when I may file my complaint with OCR?
- Can I make a confidential complaint?
- What if I am subjected to retaliation for making a complaint?
- What are some examples of discrimination in the delivery of services?
- What is an example of discrimination in employment practices?
- Can you help find a lawyer to represent me?
- Can you give me legal advice about how I should deal with my individual case or problem?
- What is the Omnibus Crime Control and Safe Streets Act of 1968?
- What is Title VI of the Civil Rights Act of 1964?
- What is the Rehabilitation Act of 1973?
- What is Title II of the Americans with Disabilities Act?
- What is the Age Discrimination Act of 1975?
What will OCR do with my complaint?
We carefully consider all complaints. Upon receiving a Complaint Verification Form, OCR will determine whether it has merit and whether OCR has jurisdiction to investigate. If so, you and the agency in question will be contacted by OCR to begin an investigation.
Is there a time limit involved with respect to when I may file my complaint with OCR?
You should file your complaint as soon as possible, because in some instances, you have only 180 days after the alleged incident of discrimination to file with OCR. In other instances, you have only one year after the alleged incident of discrimination to file with OCR.
Can I make a confidential complaint?
If asked, we will do our best to keep any information we receive confidential. However, we ask complainants to sign an Identity Release Statement, which allows us to provide their name to the agency they believe is discriminating. In most instances, providing the name of the complainant makes it easier for OCR to obtain access to relevant evidence. However, a signed Identity Release Statement is not required for filing a complaint with OCR.
What if I am subjected to retaliation for making a complaint?
The civil rights laws we enforce prohibit retaliation against persons for reporting conditions that may constitute violations of those civil rights laws. If you believe you have been retaliated against, you should file a complaint with us.
What are some examples of discrimination in the delivery of services?
An example of discrimination in the delivery of services based on disability might be the failure of a funded correctional facility to provide interpreter services to hearing-impaired inmates, or the failure of a funded police department to provide 911 services for hearing impaired citizens. An example of discrimination in the delivery of services based on race might be a funded police department's practice of stopping and interrogating, without cause, all Hispanic males that are seen driving through its community.
What is an example of discrimination in employment practices?
An example of discrimination in the employment practices of a grantee's covered program or activity based on sex might be the complete absence of females in the protective services of a law enforcement organization despite the availability of qualified females in the relevant labor market.
Can you help find a lawyer to represent me?
Unfortunately, OCR is unable to assist citizens in obtaining representation. Local legal services offices may be able to assist low-income citizens (the Legal Services Corporation), a federally-funded program that provides funding to local legal aid offices, has a web-site that may assist you in contacting your local legal aid office).
Can you give me legal advice about how I should deal with my individual case or problem?
No -- OCR attorneys represent the federal government and cannot represent, or give legal advice to, individuals.
What is the Omnibus Crime Control and Safe Streets Act of 1968?
The Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 U.S.C. § 3789d, ("Safe Streets Act"), prohibits recipients receiving federal funding under this statute from discriminating on the basis of race, color, religion, national origin, or sex in any program or activity receiving federal financial assistance.
What is Title VI of the Civil Rights Act of 1964?
Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, et seq. ("Title VI"), prohibits discrimination on the basis of race, color or national origin in any program or activity receiving federal financial assistance. Title VI gives primary responsibility for the enforcement of its provisions to those federal agencies extending financial assistance to the program or activity. The federal agency that extends the financial assistance can be contacted to find out how you may file a complaint under Title VI.
What is the Rehabilitation Act of 1973?
Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, ("Section 504"), prohibits discrimination on the basis of disability in any program or activity receiving federal financial assistance. Section 504 gives primary responsibility for the enforcement of its provisions to those federal agencies extending financial assistance to the program or activity. The federal agency that extends the financial assistance can be contacted to find out how you may file a complaint under Section 504.
What is Title II of the Americans with Disabilities Act?
Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, ("Title II"), prohibits discrimination against qualified individuals with disabilities in all programs, activities, and services of public entities. Title II applies to all State and local governments, their departments and agencies, and any other instrumentalities or special purpose districts of State or local governments.
