Number 10.2

Effective Date: April 22, 2005

Subject: AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE

Supersedes ADA Grievance Policy Dated March 1, 1996

Applicable to: All classified employees, as well as exempt, appointed, and temporary, and applicants for employment with the Executive Branch of the State of Vermont. This Grievance procedure is also applicable to members of the public.

Issued By: Department of Human Resources

Approved By: Charles P. Smith, Secretary of Administration

PURPOSE AND POLICY STATEMENT:

The following grievance procedure is established to meet the requirements of the Americans with Disabilities Act (ADA). It is intended to provide prompt and equitable resolution of complaints alleging any violation of the ADA by a department, agency, or instrumentality of the Executive Branch of the government of the State of Vermont by reason of employment practices and policies or the provision of services, activities, programs, and benefits. This Grievance Procedure is available to State employees and to the public.

GRIEVANCE PROCEDURE

1. The complaint should be in writing and contain the name, address and phone number of the complainant and the location, date, and description of conduct or circumstances from which the violation is alleged to arise. Alternative means of filing complaints, such as personal interviews or a tape recording of the complaint, will be made available for persons with disabilities upon request.

2. The complaint should be submitted to the following individual, who is hereby designated to coordinate ADA compliance on behalf of the Executive Branch, as soon as possible but no later than sixty (60) calendar days after the complainant becomes aware of the alleged violation:

   Secretary of Administration
   Vermont Agency of Administration
   109 State Street
   Montpelier, VT 05609-0201
   Phone: (802) 828-3322 FAX: (802)828-2428 TDD: (802) 828-3342

3. Upon receipt of the complaint, the Secretary of Administration shall refer the matter to an official ("the official"), generally the appointing authority of the affected agency, department or instrumentality, and shall notify the complainant of the referral. "Appointing authority" is the person authorized by statute, or lawfully delegated authority, to appoint and dismiss employees.

4. Within fifteen (15) calendar days after filing of the complaint, the official (or his or her designee) will communicate with the complainant and discuss possible resolutions ("the conference").

5. Within fifteen (15) calendar days after the conference, the official will respond in writing to the complaint. Upon request, the response will be made available in a format accessible to the complainant, such as large print, Braille, or audio tape. The response will explain the position of the State of Vermont and offer any options which the State deems appropriate for substantive resolution of the complaint.

6. If the response by the official does not satisfactorily resolve the issue, the complainant may appeal the decision of the official within fifteen (15) calendar days after receipt of the response to the Secretary of the Agency of Administration.

7. Within thirty (30) calendar days after receipt of the appeal, the Secretary of the Agency of Administration or his or her designee will review the complaint, conduct any meeting with the complainant or further investigation (s)he may deem appropriate, and respond in writing with a final decision regarding the complaint. Upon request, the response will be made available in a format accessible to the complainant, such as large print, Braille, or audio tape.

8. All complaints filed, appeals to the Secretary of Administration, and responses from the official and Secretary of Administration or his or her designee will be kept by the Executive Branch for not less than three (3) years from the date of filing of the complaint.

SPECIAL PROCEDURES

Following are special procedures for State employees and persons deemed to be State employees with respect to employment-related complaints.

The collective bargaining agreements between the State of Vermont and the Vermont State Employees' Association, Inc., Article 5, ("No Discrimination or Harassment") states that State employees are protected from discrimination, intimidation and harassment because of their handicap or other factor for which discrimination is prohibited by law. The State/VSEA Agreements give employees the right to file a grievance under Article 15 ("Grievance Procedure") if they believe that the contractual provisions have been violated. Employees who are covered by such agreements who believe that the actions of the State of Vermont as the employer have violated their rights under the Americans with Disabilities Act have the right to pursue such a claim through that same contractual grievance procedure in accordance with the terms thereof. However, if the employee seeks to pursue a grievance over a decision of the State Reasonable Accommodation Committee, such grievance must be filed with the Vermont Labor Relations Board within thirty (30) calendar days of receipt of the decision of the committee or the matter shall be considered closed.

Persons who are not State employees as defined in 3 VSA 902 (5), but who work for the State of Vermont in a managerial, confidential, exempt, temporary or other capacity, are deemed to be State employees under 3 VSA 902 (4), only to the extent that they have the right to file, in accordance with the terms of the contractual grievance procedures, a grievance claiming that the actions of the State of Vermont as their employer violated their rights under the ADA. Such a grievance may be pursued up to, but not beyond, the Step III grievance level.

Nothing in this Grievance Procedure will toll any statute of limitations under local, State, or federal law.

This Grievance Procedure shall take effect upon execution and supersedes the Department of Personnel ADA Grievance Policy issued on March 1, 1996.