Self Evaluation Plan and Transition Plan: Part 5 - Grievance Procedure
Information presented herein can also be found at the New England Action Guide.
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This is the fifth article in a series about Self Evaluation Plan and Transition Plan (SEPTP). The information contained within this series can be used to build a new SEPTP or audit an existing SEPTP. In previous parts of designing and operating a SEPTP the history of SEPTP was reviewed, key individuals to be in charge of the SEPTP were selected and trained, and a public notice was sent out. Now it is time to create a grievance procedure with Part 5 - Grievance Procedure.
State and local government entities with 50 or more employees must have a grievance procedure for compliance, or non-compliance, with the Americans with Disabilities Act (ADA). Public and private entities should also have a grievance procedure for ADA compliance or non-compliance. See [28CFR 35.107 (b)].
A grievance procedure provides people who believe they have been discriminated against because of their disability, or others who believe they have been discriminated against because they have a friend or family member with a disability, with a formal process to make their complaint known. This procedure encourages prompt and equitable resolution of the problem at the local or state level, or internally within a public or private entity, without forcing people to file a federal complaint or a lawsuit.
The Consultant will help the entity establish grievance procedures in accordance with 28 CFR 35.107(b). However, the Title II and Title III regulations do not specify the requirements for the grievance procedure, just that there has to be one. The consultant will present examples of options and best practices for initiating a grievance process and develop a draft for review, as applicable.
An entity may use a grievance procedure that is already in place if the grievance procedure is fair and effective. If the entity does not already have a grievance procedure, one must be established for State or local government organizations with 50 or more employees. Public and private entities of any size should have a fair and effective grievance procedure for ADA compliance.
A fair and effective grievance procedure should include the following:
A description of the procedures for submitting a grievance. Included here are the requirements for timelines, information required in the grievance, and who/where to submit the grievance. In particular, which section or clause in an accessibility statute, law, or regulation has been violated.
The steps that will be taken by the government, public, or private entity in response to the grievance.
Reasonable and specific time frames for review and resolution of the grievance.
A review process that allows for appeal of the resolution.
Record-keeping for complaints submitted. This is self-explanatory as records should be kept for all accessibility complaints.
Documentation of steps taken towards resolution.