Americans with Disabilities Act / Section 504

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Civil Rights​
Americans with Disabilities Act / Section 504​
The Kentucky Transportation Cabinet Title ADA Program ensures no person shall be excluded from participation in, or denied the benefits of, or is subjected to discrimination under any program or activity receiving federal financial assistance from the Kentucky Transportation Cabinet on the grounds of disability.​

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ADA at KYTC

The 
Americans with Disabilities Act of 1990 (ADA) is a Civil Rights directive that requires people with disabilities receive the same opportunities and be afforded the same chance to fully participate in society as their non-disabled counterparts. The law prohibits a public entity from discriminating against individuals with disabilities by intentionally or unintentionally denying them access to facilities and services provided by that public entity. 

In compliance with the Americans with Disabilities act (ADA) of 1990, it is hereby ordered that the employment, personnel and construction policies of the Kentucky Transportation Cabinet in relation to persons with disabilities shall be as follows:

  • ​​ADA prohibits discrimination against qualified person with disabilities as defined by the ADA because of their disability.
  • This prohibition applies to job application procedures, hiring, advancement or discharge of employees, employee compensation, job training and other terms, conditions and privileges of employment.
  • The Cabinet shall reasonably accommodate the disabilities of qualified applicants or employees.
  • ​The remedies and restorative procedures available under the ADA shall be similar to those available under Title VII of the Civil Rights Act of 1965 and Section 505 of the Rehabilitation Act of 1973. The specifics are set forth in Public Law 101-336, the Americans with Disabilities Act of 1990, Section 107 and 203 and administration regulations promulgated thereto.

 
Reasonable Modifications


Per 49 CFR 37.5(i)(3), “Public entities that provide designated public transportation shall make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability or to provide program accessibility to their services, subject to the 135 limitations of §37.169(c)(1)(3). This requirement applies to the means public entities use to meet their obligations under all provisions of this part." ​

For more information about Reasonable Accomodations please contact:

Human Resource Administrator
ADA Coordinator
OHRM/Employee Compliance Branch
200 Mero Street
Frankfort, KY 40622
Office: (502) 782-4988

ADA Transition Pla​​n

U.S. Department of Justice (USDOJ) regulations require that State and local governments must develop a Transition Plan that details how they plan to address and remedy barriers that have been identified. Both KYTC and organizations that receive funding from KYTC must comply with Title II of the ADA, 28 C.F.R. Part 35 Sec. 35.105 and Sec. 35.150. The Cabinet must perform the aforementioned self- evaluation and prepare a Transition plan.

KYTC’s ADA Transition Plan contains information on the condition of KYTC’s pedestrian network and steps that will be taken in accordance with the ADA of 1990 to ensure all Cabinet facilities are accessible to individuals with disabilities.

This Transition Plan is only intended for transportation facilities owned or operated by KYTC. The Cabinet recognizes that a significant portion of curb barriers, non-compliant curb ramps, and inaccessible pedestrian corridors are located within the jurisdiction of cities, municipalities, and other local governments. Although these locations lie beyond KYTC’s responsibility, the Cabinet strongly recommends that local communities develop and adhere to their own Transition Plans as required by Title II of the ADA.​

 Who May File an ADA Grievance/Complaint?​

Pursuant to Title II of the ADA, people who use KYTC facilities and services have the right to file a grievance or complaint if they believe the Cabinet has not provided reasonable accommodations. 28 C.F.R. Part 35.107 provides detailed information on filing a complaint. Per the Grievance Complaint Procedure, a formal complaint must be filed within 180 calendar days of the alleged occurrence.​

If any person or any specific class of persons believes they have suffered discrimination or retaliation prohibited by Section 504 or Title II of the ADA, they may by themselves, or through a representative, organization, or business entity, file a complaint.

For purposes of ADA, a person with a disability is an individual who:​
  • Has a physical or mental impairment that substantially limits one or more major life activities,
  • Has a record or history of such an impairment, or
  • Is perceived or regarded as having such an impairment

How to File a ADA/504 Grievance/Complaint
​Please visit our How to File a ​Complaint page for more information.


Notice of Nondiscrimination

The Kentucky Transportation Cabinet (KYTC) complies with all civil rights provisions of federal statutes and related authorities that prohibit discrimination in programs and activities receiving federal financial assistance. Therefore, KYTC does not discriminate on the basis of race, sex, color, age, national origin, religion (not applicable as a protected group under the FMCSA Title VI Program), disability, Limited English Proficiency (LEP), or low-income status in the admission, access to and treatment in KYTC's programs and activities, as well as KYTC's hiring or employment practices.​​​​​​




Contact Information:

Office for Civil Rights & 
Small Business Development
200 Mero Street
Frankfort, KY 40601
Phone: (502) 564-3601
Fax: (502) 564-2114
KYTC.OCRSBD@ky.gov
Hours: 8:00 a.m.- 4:30 p.m. EST, M-F​


Language assistance for Limited English Proficient individuals is available upon request. Please contact this office by email at: KYTC.OCRSBD@ky.gov or by phone: 502-564-3601.​


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