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ADA 504 Grievance Procedure

This Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act (ADA) and Section 504. It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in employment practices and policies, or the provision of services, activities, programs or benefits by the City of Medford.

This grievance policy does not supplant any provision of an existing collective bargaining agreement with a City of Medford employee representation group. Any grievance processed (or in process) under the terms of a collective bargaining agreement may not be submitted through this ADA/504 Grievance Procedure.

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 problem. 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.

This complaint should be submitted by the grievant, and/or his/her designee, as soon as possible but not later than sixty (60) calendar days after the alleged violation to:

Diane McLeod
ADA Coordinator
City of Medford
Office of Human Diversity & Compliance
City Hall, Room 214
Medford, MA 02155
(781) 393-2501 – voice
(781) 393-2516 TDD

Within fifteen (15) calendar days after receipt of the complaint, the ADA Coordinator will meet with the complainant to discuss the complaint and possible resolutions. Within fifteen (15) calendar days after the meeting, the ADA Coordinator 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 the position of the City of Medford and offer options for substantive resolution of the complaint.

If the response by the ADA Coordinator does not satisfactorily resolve the issue, the complainant, and/or his/her designee, may appeal the decision of the ADA Coordinator within fifteen (15) calendar days after receipt of the response to the Mayor, or his/her designee.

Within fifteen (15) calendar days after receipt of the appeal, the Mayor, or his/her designee, will meet with the complainant to discuss the complaint and possible resolutions. Within fifteen (15) calendar days after the meeting the Mayor, 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 the ADA Coordinator, appeals to the Mayor, or his/her designee, and responses from the ADA Coordinator and Mayor, or his/her designee, will be kept by the City of Medford for at least three (3) years.

EEO/AA Grievance Procedure

The City of Medford has adopted a grievance procedure in order to provide prompt and equitable resolution of complaints alleging any type of discriminating actions. If possible, the complaint will be addressed on an informal basis whenever possible. If an informal resolution cannot be achieved, the formal process will be as follows:

1. A complaint must be filed, in writing, and contain the name and address of the person filing it and all information regarding the alleged violation and who the allegation is directed against. The complaint should be as detailed as possible and must be filed within thirty (30) days after the complainant becomes aware of the violation. The date and facts giving rise to the allegation must be provided.

2. An investigation shall follow the filing and will be conducted by the Director of Human Diversity and Compliance. All interested persons and their representatives should submit all information and evidence relevant to the complaint. The Director may require supplemental information or documentation specific to the charge(s).

3. A written determination as to the validity of the complaint and description of the resolution, if any, shall be issued by the Diversity Director no later than fifteen (15) days after its filing, and be forwarded to the Mayor.

4. If the complainant’s allegations are found to be accurate, the Mayor will take appropriate action, which may include disciplinary action against the employee(s) involved. If the allegations are without merit, in the opinion of the Diversity Director, the complainant will be informed of his/her right of further appeal to the Mayor. The Mayor may assign a designee to hear the appeal.

Upon filing with the Diversity Director, the complainant will be informed of his/her right to file a complaint with the Equal Employment Opportunity Commission, Department of Housing & Urban Development, Massachusetts Commission Against Discrimination, or other appropriate agency. The filing of such a complaint must be made within three hundred (300) days of the alleged discriminatory act(s).

Any person aggrieved by any action or decision under this Plan shall have the right to file a grievance as described above. Such a grievance shall be filed with the Diversity Director and shall contain a brief statement of the grievance and the relief requested.

A detailed Grievance Procedure is on file in the Diversity Office, Room 214 for information, discussion, and/or assistance.

Complaint Process

The City of Medford works diligently to ensure employees work in an environment that is free of hostility and negativity. There are formal and informal steps that any employee/resident may take with regard to complaints whether or not a protected class is involved:

Internally

1. Address the issue immediately with the employee’s supervisor or manager, and discuss it with the next level(s) of management if not resolved at the first level. (provided that the issue is not with that individual)

2. Depending on the issue, the Personnel Director, Diversity Director, and/or City Solicitor is available for direction and assistance.

3. When there are substantive, serious issues of arbitrariness or discrimination that have directly affected the employee, the formal grievance procedure may be an appropriate channel to achieve resolution.

4. A request to have the grievance heard through the grievance procedure, however, will not be granted until the issue has been addressed by management in the department. If the grievant does not receive a satisfactory resolution at the initial level, or appropriate remedial action is not taken, a formal grievance may be filed with the Diversity Director. The Diversity Director will follow all proper time frames to ensure efficient follow up and closure to the procedure, which will include a full investigation. All determinations and recommendations, if any, will be forwarded to the Mayor.

5. The procedure used will be evaluated on an on-going basis to ensure a prompt, fair and equitable internal review and resolution. The end result of any procedure will be written findings of fact and recommended remedies to be presented to all the parties involved.

Externally

1. The grievant may file a complaint with any State (Massachusetts Commission Against Discrimination, 1 Ashburton Place, Boston MA) or Federal (Equal Employment Opportunity Commission, 130 Causeway Street, Boston, MA) agency responsible for the enforcement of anti-discrimination laws, federal and state courts, under Section 504 of the Rehabilitation Act of 1973, or Section 151 (b) Massachusetts General Laws of the Commonwealth, or for a claim under the Americans with Disabilities Act with the U.S. Department of Justice, Civil Rights Division, (P.O. Box 66738, Washington, D.C.).

2. No acts of retaliation can be taken against anyone for filing a grievance or participating in the grievance procedures.

Persons with any questions may contact the Diversity Director, or the Personnel Department.