Accessibility - Self-Evaulation Guide

SELF-EVALUATION GUIDE

AMERICANS WITH DISABILITIES ACT

MODEL GRIEVANCE PROCEDURE

Individuals, or a specific class of individuals, who believe that they have been subject to discrimination on the basis of disability by a public agency may file a complaint within 180 days of the date of the alleged discrimination with the appropriate federal enforcement agency.

The ADA, 28 [C.F.R.] Part 35.107, requires public agencies that employ 50 or more persons to establish an informal grievance procedure for resolution of complaints. All public agencies are encouraged to establish an informal grievance procedure for prompt internal resolution of complaints. Alternative means of dispute resolution, such as fact-finding, conciliation and mediation may also be used in the informal process. Each public agency should have their grievance procedure reviewed by its legal staff prior to final adoption to assure it is in compliance with any applicable state or local laws, regulations, and labor relations agreements.

The Americans with Disabilities Act prohibits discrimination on the basis of disability. The use of an internal grievance procedure is not required before filing other administrative or judicial remedies. Formal filing of a compliant with the appropriate federal enforcement agency may be done at the same time as the filing of an internal grievance.