ADA Notice and Grievance Procedure

NOTICE UNDER THE AMERICANS WITH DISABILITIES ACT (ADA)

Effective April 27, 2016

In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 (“ADA”), the Southern California Association of Governments (SCAG) shall not discriminate against qualified individuals with disabilities on the basis of disability in its programs, services or activities.

Employment: SCAG does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission under Title I of the ADA.

Effective Communication: SCAG will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in SCAG’s programs, services and activities.

Modifications to Policies and Procedures: SCAG will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services and activities. For example, individuals with service animals are welcomed in SCAG’s offices, even where pets are generally prohibited.

Anyone who requires an auxiliary aid or service for effective communication or a modification of policies or procedures to participate in a program, service or activity of SCAG should contact the ADA Coordinator, SCAG’s Human Resources Manager, at (213) 236-1917 as soon as possible but no later than seventy-two (72) hours before the scheduled event. The back-up ADA Coordinator is SCAG’s Clerk of the Board and may be contacted at (213) 236-1908.

The ADA does not require that SCAG take any action that would fundamentally alter the nature of its programs, services or activities, or impose an undue financial or administrative burden.

Complaints that a program, service or activity of SCAG is not accessible to persons with disabilities should be directed to the ADA Coordinator listed above.

No fee will be charged by SCAG to a particular individual with a disability or any group of individuals with disabilities to cover the cost of providing auxiliary aids/services or reasonable modifications of policy, such as retrieving items from locations that are open to the public but are not accessible to persons who use wheelchairs.

SCAG AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE

SCAG hereby adopts this grievance procedure to provide for prompt and equitable resolution of complaints alleging any action that is prohibited by Title II of the Americans with Disabilities Act (hereinafter “ADA”). SCAG has designated the Human Resources Manager as the ADA Coordinator.

In the event a request for access to SCAG’s programs, services, activities or facilities cannot be resolved, an individual may file a grievance either orally or in writing by contacting the ADA Coordinator, SCAG, Human Resources Manager, 818 W. 7th Street, 12th Floor, Los Angeles, CA 90017, (213) 236-1917, California Relay Service at 1-800-735-2929 (TTY) or 1-800-735-2922 (Voice). SCAG’s ADA Coordinator is available to disabled persons requiring assistance to file a grievance. SCAG’s communications regarding the grievance will be in a format accessible to the grievant.

An individual may file a grievance either orally or in writing by contacting the ADA Coordinator. SCAG’s ADA Coordinator is available to disabled persons requiring assistance to file a grievance. SCAG’s communications regarding the grievance will be in a format accessible to the grievant.

The procedure to file a grievance is as follows:

Step 1.
A written grievance should be filed on the ADA Grievance Form attached hereto. If the grievance is not filed on the Grievance Form, it should nonetheless contain the following information:
  • The name, address, and telephone number of the person filing the grievance.
  • The name, address, and telephone number of the person alleging the ADA violation, if other than the person filing the grievance.
  • A description of the alleged violation and the remedy sought.
  • Information regarding whether a complaint has been filed with the United States Department of Justice or other federal or state civil rights agency or court.
  • If a complaint has been filed, the name of the agency or court where the complaint was filed, the date the complaint was filed, and the name, address and telephone number of a contact person with the agency with which the complaint was filed.
An oral grievance can be filed by contacting the ADA Coordinator. The oral grievance will be reduced to writing by the ADA Coordinator utilizing the ADA Grievance Form and will be signed by grievant.
Step 2.
The grievance will be either responded to or acknowledged within twenty (20) working days of receipt.
Step 3.
Within sixty (60) calendar days of receipt, the ADA Coordinator will conduct the investigation necessary to determine the validity of the alleged violation. If appropriate, the ADA Coordinator will arrange to meet with the grievant to discuss the matter and attempt to reach an informal resolution of the grievance. Any informal resolution of the grievance will be documented in SCAG’s ADA Grievance File.
Step 4.
If an informal resolution of the grievance is not reached, a written determination as to the validity of the complaint and description of the resolution, if appropriate, shall be issued by the ADA Coordinator and a copy forwarded to the grievant no later than ninety (90) calendar days from the date of SCAG’s receipt of the grievance.
Step 5.
The grievant may request reconsideration if he/she is dissatisfied with the written determination. The request for reconsideration shall be in writing and filed with the SCAG, Executive Director, 818 W. 7th Street, 12th Floor, Los Angeles, CA 90017 within thirty calendar (30) days after the ADA Coordinator’s determination has been mailed to the grievant. The Executive Director shall review the request for reconsideration and make a final determination within ninety calendar (90) days from the filing of the request for reconsideration.
Step 6.
If the grievant is dissatisfied with SCAG’s handling of the grievance at any stage of the process or does not wish to file a grievance through SCAG’s ADA Grievance Procedure, the grievant may file a complaint directly with the United States Department of Justice or other appropriate state or federal agency. Use of SCAG’s grievance procedure is not a prerequisite to the pursuit of other remedies.

The resolution of any specific grievance will require consideration of varying circumstances, such as the specific nature of the disability; the nature of the access to the programs, services, activities, or facilities at issue and the essential eligibility requirements for participation; the health and safety of others; and the degree to which an accommodation would constitute a fundamental alteration to the program, service, activity or facility, or cause an undue hardship to SCAG. Accordingly, the resolution by SCAG of any one grievance does not constitute a precedent upon which SCAG is bound or upon which other complaining parties may rely.

File Maintenance
SCAG’s ADA Coordinator shall maintain ADA grievance files for a period of three (3) years from the date of notice of the grievance.

For more information, please contact:

Carmen Flores, ADA Coordinator
Human Resources Manager
818 W. 7th Street, 12th Floor
(213) 236-1917, (800) 735-2929 (TTY), (800) 735-2922 (Voice)

Tess Rey-Chaput, Back-up ADA Coordinator
Clerk of the Board
818 W. 7th Street, 12th Floor
(213) 236-1908, (800) 735-2929 (TTY), (800) 735-2922 (Voice)

DOWNLOAD THE ADA GRIEVANCE FORM