Tammy Duckworth Demands Justice Department Answers For People With Disabilities

The Department of Justice has mediated thousands of conversations between disabled people and public establishments to address alleged violations of the ADA.

But the senator’s letter, which was co-signed by Sens. Dick Durbin (D-Ill.) and Bernie Sanders (I-Vt.), claimed that the DOJ has not provided transparent and timely updates to Congress and the public on the program’s performance and effectiveness in over a decade, despite having done so on a quarterly basis in the past.

“When disability rights are violated, those harmed deserve to be heard and should receive the support they need quickly and fairly. While the Department of Justice’s Mediation Program has made progress as a valuable tool to resolve ADA complaints, the DOJ has not regularly shared updates on the program’s performance with Congress or the American people for over a decade — and that has got to change,” Duckworth said in a statement sent to HuffPost.

“I’m calling on the DOJ to provide feedback on this program so we can help ensure it is as effective and efficient as possible for the millions of Americans who live with a disability and experience discrimination in our nation,” she said.

The ADA prohibits discrimination on the basis of disability in the U.S. However, public and private entities’ failure to comply with the federal law occurs, leaving disabled Americans to advocate for their rights when faced with violations.

When an individual believes their rights have been violated by a public or private entity, they can file a complaint with a federal agency, such as the DOJ. The department, according to its website, offers certain ADA disputes to mediators who can facilitate one or more conversations between the parties to resolve the dispute.

The disputes often center on “barrier removal or program accessibility, modification of policies, and effective communication,” according to the Justice Department’s information on the ADA Mediation Program. If a resolution can’t be reached, the DOJ could launch a formal investigation.

The Justice Department said that the mediation process serves to address barriers faced by disabled people while also “allowing the Department to achieve meaningful compliance with the law without having to allocate scarce resources to investigate or litigate these disputes.”

But Michelle Uzeta, deputy legal director at the Disability Rights Education and Defense Fund, told HuffPost that she doesn’t know of anyone who has been referred to the mediation program in her 30 years of work, adding that the Justice Department doesn’t accept the majority of complaints from disabled people for investigation or mediation referral.

“It is no secret that the department is underfunded and under-resourced, and subject to the priorities of changing administrations,” Uzeta said. “This is the reason private enforcement of the ADA by disabled people remains critical. Without it, the ADA’s promise of full and equal participation in society will never be realized.”

According to the Justice Department’s website, more than 7,000 complaints across the country have been referred to the mediation program since its inception in 1994, and about 78% of the mediated cases were successfully resolved.

But transparency and information on its effectiveness and performance have been lackluster in the past decade. The last report containing information about the mediation program was released in 2011.

The Justice Department did not immediately respond to HuffPost’s request for comment.

Uzeta, who is an expert on ADA litigation, said she hasn’t heard many complaints from the disability community on the mediation program, which she believes is because those who even know about the program view the chances of being referred to it as slim to none.

“I do not think most disabled people are aware of the program. The program is not well advertised or promoted — neither is the ADA complaint process, generally,” she said.

But she said she has heard calls for increased transparency on what kind of complaints the department is receiving and whether they have been rejected, referred to mediation or investigated by the Justice Department.

“As advocates, we would like to know the type of complaints the department is receiving, what trends are emerging, what priorities the department has and how complaints are being disposed of or resolved,” Uzeta said.

The senators are calling on the DOJ to provide more recent information on the mediation program through a series of questions, from clarity on what constitutes a successful resolution through the program to updates on how many cases were referred to the mediation program.