Title II Enforcement
Title II of the Americans with Disabilities Act (ADA) provides three methods of enforcement:
1. Individuals may file a complaint under the entity’s grievance procedure or if the complaint is against a WV state government agency with the State ADA Coordinator Office.
2. Individuals may file administrative complaints with a designated federal agency or with the U. S. Department of Justice.
The reviewing agency will investigate the charge and, if it finds a violation will seek to obtain a voluntary compliance agreement with the entity. If voluntary compliance is not achieved, the charge will be referred to the Department of Justice for enforcement.
3. Individuals have the right to file a lawsuit for injunctive relief and damages. The prevailing party in an administrative or court action may recover reasonable attorney fees and related costs.
West Virginians have an addition option and that is to file a complaint with the State’s Human Rights Commission
. The Human Rights Commission will investigate complaints and will bring suit, if necessary, to resolve any ADA issues.