Justice Manual § 8-2.410

The Disability Rights Section runs the Civil Rights Division’s United States Attorney Program for Americans with Disabilities Act Enforcement. Through that program, the Disability Rights Section refers individual complaints alleging Americans with Disabilities Act violations to participating United States Attorney’s Offices, and works with Assistant United States Attorneys assigned to the matters in all aspects of the enforcement effort, from investigation to resolution, and through all litigation stages. Because the Civil Rights Division has an interest in maintaining consistent policies and precedent nationwide, all substantive resolutions must be reviewed and approved by the Special Legal Counsel for the United States Attorney Program for Americans with Disabilities Act Enforcement. Requests for litigation authority must be submitted to the Section Chief of the Disability Rights Section and approved by the Assistant Attorney General for the Civil Rights Division.

When a United States Attorney’s Office receives a complaint or other information regarding the possibility of discrimination based on disability, that office should forward the complaint or other information to the Disability Rights Section as soon as practicable. The Assistant Attorney General for the Civil Rights Division retains final authority to determine whether a civil rights investigation should be opened; a complaint should be filed; or, in most instances (see JM 8-2.100 and 28 C.F.R. §§ 0.160 to 0.164), a case should be settled, and on what terms. The Assistant Attorney General for the Civil Rights Division may delegate this authority to subordinate Civil Rights Division officials and United States Attorneys, where appropriate. The United States Attorney’s Office and the Disability Rights Section may work together, as appropriate, on these investigations and any resulting litigation. Division of responsibilities is determined on a case-by-case basis.

NOTE: United States Attorneys should coordinate the positions taken by the Department of Justice as a defendant in cases involving allegations of disability discrimination with the positions taken in the Department of Justice’s affirmative disability rights litigation, and other defensive litigation handled by the Civil Division. When a United States Attorney’s Office becomes aware of such a case, that office must contact both the Disability Rights Section and the Civil Division as soon as practicable.