ADA Discrimination Complaint / Grievance Procedures

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NOTICE UNDER THE AMERICANS WITH DISABILITIES ACT

In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 (ADA), PORTCO will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs or activities.

Employment: PORTCO 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: PORTCO will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in PORTCO’s programs, services and activities, including qualified sign language interpreters, documents in Braille, and other ways of making information and communications accessible to people who have speech, hearing or vision impairments.

Modifications to Policies and Procedures: PORTCO 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.

Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to participate in a PORTCO program, service or activity, should contact PORTCO Human Resources Belinda Manager Daugherty at (757) 399-2444 or BDaugherty@portco.org as soon as possible but no later than 48 hours before the scheduled event.

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

Complaints that a PORTCO program, service or activity is not accessible to persons with disabilities should be directed to Human Resources Belinda Manager Daugherty at (757) 399-2444 or BDaugherty@portco.org

PORTCO will not place a surcharge on 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.

 

ADA GRIEVANCE PROCEDURE

PORTCO Grievance Procedure Under the Americans with Disabilities Act

This Grievance Procedure is established to meet the requirements 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 the Virginia Department of Rail and Public Transportation. PORTCO’s Personnel Policy governs employment-related complaints of disability discrimination.

The Complaint should be in writing and contain information about the alleged discrimination such as name, address, phone number of complainant; and location, date and description of the alleged discrimination. Alternative means of filing complaints, such as personal interviews or tape recording of the complaint, will be made available for persons with disabilities upon request.

The complaint should be submitted by the complainant and/or his/her designee as soon as possible but no later than 60 calendar days after the alleged violation to:

Belinda Daugherty Human Resources Manager PORTCO 800 Loudoun Avenue Portsmouth, VA 23707 1-757-399-2444

Within 15 calendar days after receipt of the complaint, Mrs Daugherty or her designee will meet with the complainant to discuss the complaint and the possible resolution. Within 15 calendar days of the meeting, Ms. Balderson or her designee will respond in writing, and where appropriate, in a format accessible to the complainant, such as large print, Braille or audio tape. The response will explain PORTCO’s position and offer options for substantive resolution of the complaint.

If PORTCO’s response does not satisfactorily resolve the issue, the complainant and/or his/her designee may appeal the decision within 15 calendar days after receipt of the response to the Secretary of Transportation or his/her designee.

Within 15 calendar days after receipt of the appeal, the Secretary of Transportation or his/her designee will meet with the complainant to discuss the complaint and possible resolutions. Within 15 calendar days after the meeting, the Secretary of Transportation or his/her designee will respond in writing, and, where appropriate, in a format accessible to the complainant, with a final resolution of the complaint.

All written complaints received by Mrs Daugherty or her designee, appeals to the Secretary of Transportation or his/her designee, and responses from these two offices will be retained by PORTCO for at least three years.