In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 (ADA), the Texas Department of Insurance (TDI) will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities.
Under Title I of the ADA regarding employees and employment by TDI, TDI does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission under Title I of the ADA. TDI's Personnel Manual governs employment-related complaints of disability discrimination.
Title II of the ADA provides that "no 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 any such entity." 42 U.S.C.A. § 12132. TDI will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities. TDI has designated the TDI Director of Human Resources as the ADA Coordinator for TDI. The TDI ADA Coordinator advises TDI and the public about the ADA and TDI's compliance obligations; and coordinates the investigation of complaints filed by the public alleging discrimination in TDI's programs, services, or activities.
Under Title II of the ADA, TDI is required to take steps to ensure that their communications with people with disabilities are as effective as communications with others. Title II of the ADA requires government entities, such as TDI, to make appropriate auxiliary aids and services available to ensure effective communication. TDI will generally, upon request, provide appropriate aids and services leading to effective communication for qualified individuals with disabilities so they can participate equally in TDI's programs, services, and activities, including qualified sign language interpreters, documents in Braille, and other ways of making information and communications accessible to individuals who have speech, hearing, or vision impairments.
To request an accommodation, alternative format of communication, and/or modification of policies and procedures in order to access and benefit from TDI programs, services and activities, please submit a "Reasonable Request for Accommodation Form" (alternative formats available upon request) and/or contact the TDI ADA Coordinator as soon as possible but no later than ten (10) business days before the scheduled event (if relevant).
TDI’s ADA coordinator contact information:
Marlette Juarez
Human Resources Director / ADA Coordinator
PO Box 12030, Mail Code AO-HR
Austin, Texas 78711-2030
phone: 512-676-6112
fax: 512-804-4498
email: HumanResources@tdi.texas.gov
Or call using relay option of your choice.
When a qualified individual with a disability requires an auxiliary aid or service to ensure effective communication, the individual may request the auxiliary aid or service of his or her choice. TDI gives primary consideration to the choice expressed by the individual. Primary consideration means that TDI will honor the choice, unless it can show that another equally effective means of communication is available, or that use of the means chosen would result in (1) a fundamental alteration in the nature of its service, program, or activity, or (2) an undue financial or administrative burden. When the preferred type of auxiliary aid or service is not available or will not be provided, the TDI ADA Coordinator or designee will consult with the requesting individual and will ascertain whether an alternative means of communication will ensure effective communication. The TDI ADA Coordinator may ask the requesting individual for additional relevant information where additional relevant information would be helpful in responding to the request for accommodations.
The ADA Coordinator will, as soon as reasonably possible, provide a response to the request for accommodation, and notify the requesting individual whether the requested accommodation will be provided. This will be done in writing unless the short lead time of a request precludes a written notice. If the requesting individual is dissatisfied with the response, the individual may file a complaint using the complaint procedures provided by TDI.
In providing reasonable accommodation, although TDI gives primary consideration to the accommodation requested, TDI has exclusive authority to make decisions regarding accommodation requests. An alternative accommodation may be offered if equally effective. Every effort shall be made to meet the specific needs of the requesting individual. The ADA does not require TDI to take any action that would fundamentally alter the nature of its programs or services, or impose an undue financial or administrative burden.
Although providing accommodations may result in some additional cost, TDI may not place a surcharge only on particular individuals with disabilities to cover expenses. For example, there can be no extra program charge to a deaf person for interpreter services, or to groups of people with disabilities.
Complaints that a program, service, or activity of TDI is not accessible to persons with disabilities should be directed to the TDI ADA Coordinator in accordance with TDI's Complaint Procedure under Title II of the ADA.
The Texas Department of Insurance complaint procedure under Title II of The Americans with Disabilities Act
This complaint procedure is established by the Texas Department of Insurance (TDI) to meet the requirements of the Americans with Disabilities Act of 1990 (ADA). It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, programs, or benefits by TDI. This complaint procedure does not in any limit other legal remedies that may be available. TDI's Personnel Manual governs employment-related complaints of disability discrimination.
The complaint must be in writing and contain information about the alleged discrimination such as name, address, phone number of complainant and location, date, and description of the problem. The complaint must be submitted within twenty (20) calendar days from the alleged discrimination to the TDI ADA Coordinator. Alternative means of filing complaints, such as personal interviews or a tape recording of the complaint, will be made available for persons with disabilities upon request.
TDI’s ADA coordinator contact information:
Marlette Juarez
Human Resources Director / ADA Coordinator
PO Box 12030, Mail Code AO-HR
Austin, Texas 78711-2030
phone: 512-676-6112
fax: 512-804-4498
email: HumanResources@tdi.texas.gov
Or call using relay option of your choice.
Filing a complaint: The complaint will be addressed through the ADA Coordinator, who will investigate it or forward it to an individual designated to investigate ADA complaints. Within ten (10) calendar days of receiving the complaint, the TDI ADA Coordinator will send a letter to the complainant acknowledging receipt of the complaint. Complaints will be investigated promptly, unless the complainant is notified otherwise. In some case, the investigation will include interviews with other individuals, including those named in the complaint, and an examination of relevant document and files.
Within forty-five (45) calendar days of receipt of a complaint by the TDI ADA Coordinator, the TDI ADA Coordinator or designee will respond in writing, and where appropriate, in a format accessible to the complainant. The response will explain the position of TDI and offer options for substantive resolution of the complaint.
Appeal: If the response by the TDI ADA Coordinator does not satisfactorily resolve the issue, the complainant may appeal the decision within thirty (30) calendar days after receipt of the response by the TDI ADA Coordinator to the TDI Chief of Staff. The appeal letter must be mailed to the TDI ADA Coordinator at the contact information set forth above. The appeal letter must set out the reasons why the complainant disagrees with the determination and the remedy that the complainant believes is appropriate.
Within thirty (30) calendar days after receipt of the appeal, the Chief of Staff for TDI or designee will make a final determination based upon a review of the information presented in the complaint and appeal. A copy of the final determination will be sent to the complainant in writing, and, where appropriate, in a format accessible to the complainant. The final determination may confirm the earlier determination, modify the earlier determination, modify the remedy, or reverse the earlier determination. The TDI ADA Coordinator has the responsibility for implementing the final determination.
All written complaints received by TDI and resolutions or final determinations made by TDI will be retained by TDI for at least three years.
Time frames: The resolution of complaints through this complaint procedure will try to comply with the time frames stated in the complaint procedure. However, strict compliance is not always possible due to, for example, the absence of witnesses, the need for additional information from the complainant, or the need to complete an unusually complex investigation. Whenever possible, the complainant will be notified of any delays.
Retaliation is prohibited: TDI will not discriminate against any individual because that individual has opposed any act or practice made unlawful by Title II of the ADA or because that individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under Title II of the ADA. TDI will not coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by Title II of the ADA.
Other actions: An individual may file a claim of discriminatory treatment based upon disability in the services, programs or activities of TDI with an outside agency even will a complaint is pending using the TDI complaint procedure. Time limits for filing disability discrimination claims with outside agencies may be different than the time limits for filing a complaint with TDI. Be sure to check with the outside agency for its filing deadlines.