Disabilities ombuds services

Your Rights if You Have a Disability

Understanding the parts of the Americans with Disabilities Act (ADA)

More than one in four adults in the United States has a disability. The Americans with Disabilities Act (ADA) helps protect people with disabilities from unfair treatment.

What Does "Disability" Mean?

Under the ADA, a disability is a physical or mental condition that greatly limits one or more major life activities. These activities include:

• Breathing
• Walking
• Seeing
• Hearing
• Learning
• Concentrating

The term "disability" also includes if you have had an impairment in the past or if others see you as having a disability.Your Rights Are Protected

People with disabilities have the same rights as everyone else. The ADA stops discrimination against individuals with disabilities. It makes sure that people with disabilities have the same rights and chances as all other people.

Learn More About Your Rights

• • Understanding the ADA: Visit the ADA National Network website to learn more about your rights: Understanding the Americans with Disabilities Act
  • Disability Rights Guide: Explore the official ADA website for a guide to disability rights: Guide to Disability Rights

Your Employment Rights: ADA Title I

The Americans with Disabilities Act (ADA) helps ensure equal opportunities for people with disabilities. Title I of the ADA specifically covers employment.

This section applies to employers with 15 or more employees, including state and local governments, employment agencies, and labor unions.

Title I makes sure that employers cannot discriminate against people with disabilities when it comes to:

• Hiring
• Promotions
• Pay
• Training
• Other job-related practices

What are reasonable accommodations?

Under Title I, employers must provide reasonable accommodations to qualified employees or job applicants with disabilities. These accommodations help people with disabilities:

• Get a job
• Perform their job duties effectively
• Have an equal opportunity at work

Examples of reasonable accommodations:

• Adjusting a workspace to make it accessible (e.g., changing desk height).
• Providing a closer parking space for an employee who has difficulty walking long distances, even if those spaces are usually for management.
• Changing an office policy (e.g., allowing a service animal if there's a "no pets" rule).
• Purchasing special software for an employee with low vision to help them read and enter information on their computer screen.
• Offering flexible work schedules, including adjusted start times or breaks.

How to ask for a reasonable accommodation

Requesting an accommodation is a team effort between you and your employer. Usually, you start the process by telling your employer about your disability and asking for accommodations.

Employers must discuss your request to find reasonable accommodations. Steps to Request an Accommodation:

1. Tell your supervisor about your disability. You can do this verbally.
2. Discuss your needs and any limitations related to your disability.
3. Suggest possible accommodations.
4. Provide documentation if your employer requests it.
5. Reach an agreement with your employer on the accommodations.
6. Follow up and make adjustments if needed.

Find more information about reasonable accommodations:

• Visit the Rocky Mountain ADA Center's page on reasonable accommodations for businesses.

How to file a complaint

If you believe your employment rights have been violated, you have options:

• Talk to your employer's human resources (HR) office. They can discuss your options.
• Consider seeking legal advice from an attorney.

You can also file a formal discrimination complaint with one of these agencies:

1. Utah Anti-Discrimination and Labor Division (UALD) 
2. Equal Employment Opportunity Committee (EEOC)

For More Information

• Explore the EEOC's disability-related resources.
• Read about your employment rights as an individual with a disability from the EEOC.

ADA Title II: Services from State and Local Governments

Title II of the ADA ensures state and local government services, programs, and activities are accessible to people with disabilities, including:

• Public education
• Employment
• Transportation
• Recreation
• Healthcare
• Social services
• Courts and voting
• Emergency services
• Town meetings

Governments must provide equal access and benefit from these services through reasonable accommodations.

Reasonable Accommodations

State and local governments must modify rules and procedures to ensure accessibility, unless it fundamentally alters the service.

Examples:

• Communication: Provide information verbally, in writing, or other formats.
• Learning: Offer hands-on or one-on-one teaching with visual aids.
• Documents and Forms: Provide large print or personal assistance.
• Service Animals: Waive "no-pets" rules.

How to request accommodations

1. State your disability.
2. Explain your needs and limitations.
3. Suggest solutions.
4. Offer documentation (if necessary).
5. Reach an agreement.
6. Follow up.

For more Information

• ADA Title II and Title III Fact Sheets
• Title II Primer for State & Local Governments

How to report concerns

1. Contact the government office first:
   • 50+ employees: Ask for their ADA Coordinator.
   • Fewer than 50 employees: Ask for a customer service representative or manager.
2. For Utah DHHS concerns: Contact the Office of Ombuds
3. You can also Report a Civil Rights Violation to the Department of Justice

ADA Title III: Public Accommodations 

Public accommodations include businesses and nonprofit organizations serving the public, e.g., restaurants, hotels, retail stores, theaters, doctor’s offices, gyms. Title III requires that any business open to the public ensure that their facilities, goods, and services are accessible to people with disabilities, which may include physical access, communication access, and service animals. 

Reasonable accommodations

Businesses and non-profit organizations must make reasonable accommodations  to their policies and practices to accommodate people with disabilities. It is important to note that requests that would fundamentally alter the nature of the businesses goods or services or cause an undue burden do not need to be granted. However, if there is  an effective alternative, it must be provided . Examples of accommodations may include:

• A clothing store may adjust their policy of one person in a fitting room to accommodate a person with a disability that would like their companion to assist them in trying on clothes
• Service animals being allowed into a business with a no pets rule
• A person with a mobility device is allowed to access an amusement park where there is a no mobility devices policy
• A doctor’s office provides a person with vision impairment a large print version of their documents

How to request a reasonable accommodations

• Disclose  your disability (can be verbal)
• Provide details of the accommodations being requested to the business
• Work with the business on a shared solution
• Be mindful of where ‘undue burden’ may apply 
• It is important to be polite and respectful and understand the perspective of the business while advocating for your requests.

For more information

Title II Title III Fact Sheet

Title III for Small Businesses

File a complaint

If you feel your civil rights have been violated,

1. You may first seek resolution with the business owner or manager. 
2. If that option is not available or you feel you need additional assistance, you may contact the Utah Department of Health and Human Services Disabilities Ombuds. https://dhhs.utah.gov/office-of-ombuds/disabilities-ombudsman/
3. Complaints of title III violations may also be filed with the Department of Justice Report a Civil Rights Violation. 

How to report concerns

1. You may first seek resolution with the business owner or manager. 
2. If that option is not available or you feel you need additional assistance, you may contact the Utah Department of Health and Human Services Disabilities Ombuds.
3. You can also Report a Civil Rights Violation to the Department of Justice

ADA Title IV: Telecommunications

This section applies to telephone and internet companies. Title IV requires telephone and internet companies to provide a nationwide system that allows individuals with hearing and speech disabilities to communicate over the telephone through a relay system.  Title IV also requires closed captioning of federally funded public service announcements.

Reasonable accommodations

Title IV requires manufacturers of telecommunications equipment and providers of telecommunications services to ensure that such equipment and services are accessible to and usable by persons with disabilities.

For more information

For more information about Telecommunications Relay Service (TRS), contact the Federal Communications Commission at:

Federal Communications Commission
445 12th Street, S.W.
Washington, D.C. 20554
(888) 225-5322 (Voice)
(888) 835-5322 (TTY)
https://www.fcc.gov/accessibility

File a complaint

Public Service Commission of Utah
Commission Secretary
Heber M. Wells State Office Bldg.
160 East 300 South, 4th Floor
P.O. Box 45585
Salt Lake City, UT 84145-0585
Tel/TTY: 801-530-6769; Fax: 801-530-6796; Voice: 801-530-6716
https://psc.utah.gov/complaint-process/

• Division of Services for People with Disabilities
  • The Division of Services for People with Disabilities (DSPD) promotes opportunities and provides supports for people with disabilities to lead self-determined lives by overseeing home and community-based services for more than 6,500 people who have disabilities. Support includes community living, day services, and supported employment services.

• Division of Aging and Adult Services
  • The Division of Aging and Adult Services (DAAS) was created as Utah’s State Unit on Aging giving the Division the legal authority to establish and monitor programs that serve the needs of Utah’s seniors.

• Utah Parent Center
  • The mission of the Utah Parent Center (UPC or Center) is to help parents help their children, youth and young adults with all disabilities to live included, productive lives as members of the community.

• Disability Law Center
  • The Disability Law Center enforces and advances the legal rights, opportunities, and choices of Utahns with disabilities.

• Institute for Disability Research, Policy and Practice
  • We are working together to create inclusive communities and improve the lives of children and adults with disabilities and their families through sustainable innovation, collaborative research, responsive service, and interdisciplinary training and education.

• Utah Developmental Disability Council
  • The Utah Developmental Disabilities Council supports and empowers people with intellectual and developmental disabilities to achieve inclusive, meaningful, and self-determined lives in their communities through its ongoing support of leadership, education, policy, and advocacy actions.
• Utah Statewide Independent Living Council
  • We promote the full inclusion, independence, and empowerment of people with disabilities through statewide advocacy, system change, coordination, education, networking, resource development and enhancement of Independent Living Services.
• Utah Center for Assistive Technology (UCAT)
  • The Utah Center for Assistive Technology (UCAT) is a statewide resource offering information and technical services to help people with disabilities acquire and use assistive technology devices. UCAT offers free evaluations to anyone within the state of Utah.
• Supported Employment Services
  • We provide supported employment services for individuals with the most significant disabilities who require support to find, learn and keep a job.
• Supported Employment | Substance Use and Mental Health
  • Gainfully employed people in competitive work settings with mental illness and co-occurring disorders, may have an increased sense of purpose, higher self-confidence, and improved social acceptance!
• Medicaid
  • Medicaid is a program that covers medical expenses for certain groups of people who have limited income and resources.
• Department of Workforce Services
  • Utah became the first state in the nation to consolidate employment and public assistance programs by creating Utah Department of Workforce Services in 1997. Today, more than 2,200 Workforce Services employees assist individuals in preparing for and finding jobs, meeting workforce needs of Utah businesses, administering temporary assistance, and providing economic data and analysis.
• Local MHAs
• Health Departments
  • UALHD supports Utah’s 13 local health departments in promoting and protecting public and environmental health through prevention and education.
• Utah Antidiscrimination and Labor (UALD)
  • Investigate and resolve employment and housing discrimination complaints and enforce Utah’s minimum wage, wage payment requirements and laws which protect youth in employment.
• Paratransit Services
  • UTA's Paratransit Service ADA program is a service of the Utah Transit Authority, for people with physical, cognitive or visual disabilities who are functionally unable to independently use the UTA fixed route bus service either all of the time, temporarily or only under certain circumstances.
• Take Care Utah
  • In this free program, in partnership with DHHS, trained linkage coordinators will help individuals with IDD identify their unmet health needs. Participants will then be linked to healthcare providers, mental health providers, and health promotion programs. Linkages will be based on participants’ needs and wants.
• Ability 1st Utah
  • Since January 2001, Ability 1st Utah has been providing services to individuals with all types of disabilities and of any age to help them achieve their goal of remaining independent in their homes and active in their communities.  Our organization seeks to help individuals with disabilities to remove whatever limitations they may encounter along the way and turn them into opportunities for developing their abilities to enjoy independent living lifestyles.
• Community Action Partnership of Utah
  • Community Action Partnership of Utah (CAP Utah) is the statewide association for Utah's nine Community Action Agencies. The Community Action network envisions an end to poverty in Utah. Our member agencies work toward this vision every day by providing services to low-income families and individuals across the state.
• Utah Community Action
  • Founded in 1965, Utah Community Action is one of the largest nonprofit agencies dedicated to fighting poverty and its root causes in Utah. Today, we serve over 60,000 people annually through six core programs–Adult Education, Case Management & Housing, Head Start preschool, HEAT utility assistance, Nutrition, and Weatherization for homes. The mission of Utah Community Action is to empower individuals, strengthen families, and build communities through self-reliance and education programs.
• Utah Dispute Resolution - Community Mediation Program
  • UDR provides mediation services for a wide range of community disputes.

• Rocky Mountain ADA Center
  • The Rocky Mountain ADA Center (RMADAC) provides information, guidance, and training on the Americans with Disabilities Act (ADA) tailored to meet the needs of individuals and organizations in our region.
• Americans with Disabilities Act
  • From answers to common questions to official legal documents, ADA.gov has everything you need to understand your rights and responsibilities under the ADA.
• ADA National Network
  • The ADA National Network provides information, guidance and training on how to implement the Americans with Disabilities Act (ADA) in order to support the mission of the ADA to “assure equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities.”
• Administration for Community Living
  • The Administration for Community Living was created around the fundamental principle that older adults and people of all ages with disabilities should be able to live where they choose, with the people they choose, and with the ability to participate fully in their communities.
• Contact the Department of Justice to report a civil rights violation
  • If you believe you or someone else has experienced a civil rights violation, please tell us what happened.
• Utah 211
  • 211 offers general resource lists by county.

• US Department of Housing and Urban Development
• Utah | HUD.gov / U.S. Department of Housing and Urban Development (HUD)
• Salt Lake City Housing Stability Division
  • 801-535-7712 | [email protected]
• Utah Non-Profit Housing Corporation
  • 801-364-6117 • 223 West 700 South Suite C
  • Provides safe and affordable housing for low-income individuals and families.
• Salt Lake City Resources for Rental Assistance & Eviction Prevention
• Salt Lake City Homelessness
  • If you or someone you know is experiencing or is at risk of experiencing homelessness, call: 801-990-9999.
• End Utah Homelessness
  • Our Vision for the Homeless response system in Utah is to make homelessness rare, brief, and non-recurring; that all people experiencing homelessness can thrive to their fullest potential; and that our communities are stable and safe for everyone.

• Utah Courts Self Help
  
  • Free resources to research Utah laws, court rules, and cases, as well as assistance with navigating court forms and rules.
  • Utah State Law Library Matheson Courthouse
  • 450 S. State Street, Room W-13
  • Call: (801) 238-7990 Text: (801) 432-0898 [email protected]
• Utah Legal Services
  • Free legal help to eligible Utahns involved in: family law, public benefits, housing, consumer, expungement, senior, migrant farmworkers, and Native American law cases. No criminal matters are handled
  • Monday–Friday 9:-00 AM–2:00 PM
  • (801) 328-8891 
• Tuesday Night Bar Tuesday
  • Free legal advice provided by volunteer attorneys on any topic, including criminal issues. Appointments are required; call to schedule an appointment at least one week in advance.
  • 5:30–7:00 PM Utah Law & Justice Center 645 S. 200 E. Salt Lake City, UT 84111 
  • (801) 297-7037
• Legal Aid Society of Salt Lake
  • Low-cost and free legal representation for individuals in family law and domestic abuse cases. Apply online.
  • (801) 328-8849