Grievance Procedure under the Americans with Disabilities Act
Grievances Regarding Physical Access:
This Grievance Procedure is established to meet the requirements of Title II 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 El Paso County.
The grievance may be in writing as provided for on the El Paso County ADA Grievance Form, and contain information about the alleged discrimination such as name, address, phone number of the grievant and location, date, and description of the problem. Alternative means of filing grievances, such as personal interviews or a tape recording of the grievant will be made available for persons with disabilities upon request.
The grievance should be submitted by the grievant and/or his/her designee as soon as possible but no later than sixty (60) business days after the alleged violation to the:
ADA Coordinator
800 E. Overland Suite 223
El Paso, Texas 79901 (915) 273-3520; Fax (915) 273-3858
Within fifteen (15) business days after receipt of the grievance, the County ADA Coordinator or designee will make all reasonable efforts to meet with the grievant to discuss the grievance and the possible resolutions. Within fifteen (15) business days of the meeting, County ADA Coordinator or designee will respond in writing, and where appropriate, in a format accessible to the grievant, such as large print, Braille, or audio tape. The response will explain the position of El Paso County and offer options for substantive resolution of the grievance.
Grievances Regarding Program Activity Participation or Receipt of County Services:
The grievance should be submitted by the grievant and/or his/her designee as soon as possible but no later than ten (10) business days after the alleged violation to the:
ADA Coordinator
800 E. Overland Suite 223
El Paso, Texas 79901
(915) 273-3520; Fax (915) 273-3858
Within five (5) business days after receipt of the grievance, the County ADA Coordinator or designee will make all reasonable efforts to meet with the grievant to discuss the grievance and the possible resolutions. Within five (5) business days of the meeting, County ADA Coordinator or designee will respond in writing, and where appropriate, in a format accessible to the grievant, such as large print, Braille, or audio tape. The response will explain the position of El Paso County and offer options for substantive resolution of the grievance.
Appeal of Grievances Regarding Physical Access, Program Activity Participation, or Receipt of County Services:
If the response by County ADA Coordinator or designee does not satisfactorily resolve the grievance, the grievant and/or his/her designee may notify County ADA Coordinator or designee that they intend to appeal the decision.
Within ten (10) business days after receipt of the notice of the appeal, County ADA Coordinator or designee places an item on the agenda of the El Paso County Commissioners Court. In the event the subject of the grievance is of a sensitive nature as determined by the Commissioners Court, the Commissioners Court shall table the item for one week, and the Commissioners Court shall designate two members of the Commissioners Court to meet with the El Paso County ADA Coordinator or designee (Collectively known as the Grievance Committee) and the Grievant to resolve the issue(s) if possible. The Grievance Committee shall then forward the resolution to the Commissioners Court in a timely fashion. The El Paso County Commissioners Court will respond in writing, and, where appropriate, in a format accessible to the grievant, with a final resolution of the grievance.
Grievances Regarding Employment Practices:
All grievances regarding alleged discrimination by El Paso County on the basis of disability in the hiring or employment practices under Title I of the Americans with Disabilities Act of 1990 (“ADA”) are addressed by the procedures in the El Paso County Civil Service Rules and Regulations, or the El Paso County Employee Handbook. Any grievances regarding discrimination in hiring or employment practices should be submitted to the:
County Human Resources Director
800 E. Overland, Room 223
El Paso, Texas 79901
(915) 273-3520; Fax (915) 273-3858
Grievance Record Retention Policy:
All written grievances received by El Paso County, appeals to the El Paso County Commissioners Court, and responses from these offices will be retained by El Paso County for at least three years.
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