Oakland International Airport. Grievance Procedure Under The Americans with Disabilities Act

Transcription

1 PANTONE 1795 U Oakland International Airport Grievance Procedure Under The Americans with Disabilities Act JOHN de BOER 550 ADELINE STREET OAKLAND, CA P: F: oakland_airport_extended_horizontal_logo.ai Introduction This Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act of 1990 ( ADA ). Any person (or his/her authorized representative) who wishes to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, programs, or benefits by the Oakland International Airport/Port of Oakland in violation of Title II of the ADA should utilize this procedure and file a formal grievance. The Port of Oakland s Administrative Policies and Procedures (AP 450, AP 451, AP 452) govern employment related complaints of disability discrimination. The Grievance Procedure The grievance should be in writing and contain as much information as possible about the alleged discrimination, to include but not be limited to, the name, address, and phone number of the grievant (and his/her authorized representative, if

2 any) and the location, date and description of the alleged violation. Alternative means of filing the grievance, such as a personal interview or a tape recording of the grievance or the use of a sign language interpreter, will be made available to persons with visual, motor or auditory impairments upon request. For convenience, an ADA Title II Grievance Form is attached; use of the form is suggested but not required. The Grievance Form should be submitted by the grievant or his/her representative as soon as possible but no later than sixty (60) calendar days after the alleged violation to the ADA Coordinator: Gina Porter ADA Coordinator, Office of Equal Opportunity Oakland International Airport/Port of Oakland 530 Water Street Oakland CA (510) gporter@portoakland.com Within fifteen (15) calendar days after receipt of the grievance, Gina Porter, the ADA Coordinator, or her designee, will meet or communicate with the grievant to discuss the grievance and its possible resolutions. It is the Port s policy to encourage an informal resolution of all complaints and grievances. To the extent permitted by law, the ADA Coordinator will maintain the confidentiality of all information provided by the grievant or his/her authorized representative. Within fifteen (15) calendar days of the meeting/communication, the ADA Coordinator 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 the position of the Oakland International Airport/Port of Oakland and offer options for substantive resolution of the grievance.

3 If the ADA Coordinator or her designee determines that additional time is necessary to review the grievance, to discuss the grievance with the grievant or to attempt to resolve the grievance informally, the ADA Coordinator or her designee will mail a Notice of Extension of Time to Respond to the grievant or his/her authorized representative and advise of an extension of time to respond to the grievance of up to, but not greater than, fifteen (15) calendar days. If an extension results, the ADA Coordinator s written response will be due within fifteen (15) calendar days from the last day of the extension. If the response by the ADA Coordinator or her designee does not satisfactorily resolve the issue, the grievant or his/her designee may appeal the decision within fifteen (15) calendar days after receipt of the response to the Director of Aviation (or her designee): Director of Aviation Oakland International Airport 530 Water Street Oakland CA (510) Within fifteen (15) calendar days after receipt of the appeal, the Director of Aviation or his/her designee will meet or communicate with the complainant to discuss the complaint and possible resolutions. Within fifteen (15) calendar days after the meeting/communication, the Director of Aviation or her designee will respond in writing, and where appropriate, in a format accessible to the complainant, with a final resolution of the complaint.

4 If the grievant is dissatisfied with the Director of Aviation s response, the grievant may contact the United States Department of Justice (ADA Enforcement) or the California Department of Justice (Civil Rights Division) for information on how to file a complaint with those agencies. The Office of Equal Opportunity, Oakland International Airport/Port of Oakland, will retain all written complaints received by the ADA Coordinator or her designee, all appeals to the Director of Aviation or her designee and all responses from these two offices for at least three years.

5 Americans with Disabilities Grievance Form Complaint of Access Violation or Discrimination on the Basis of Disability JOHN de BOER 550 ADELINE STREET OAKLAND, CA P: F: In accordance with Title II of the Americans with Disabilities Act of 1990 ( ADA ), it is the intention of the Oakland International Airport/Port of Oakland to provide access to persons with disabilities to its services, programs and activities. If you believe the Oakland International Airport/Port of Oakland has allegedly violated Title II of the ADA by refusing to allow a person with a disability to participate in a service, program or activity, please complete the following form and provide as much information as possible. Once completed, you may submit your grievance to: Gina Porter ADA Coordinator Oakland International Airport/Port of Oakland 530 Water Street Oakland, CA gporter@portoakland.com (510) oakland_airport_extended_horizontal_logo.ai

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7 Grievant Information Grievant Name Address City State Zip Code Home Phone Other Contact Information Business or Alternate Phone Authorized Representative of Grievant Name Address City State Zip Code Home Phone Other Contact Information Business or Alternate Phone Description of Alleged Violation and Requested Remedy: Please include date, time, location and other specific information concerning the alleged violation of access requirements or discrimination. Please provide the name and contact information of any witness. Please use additional sheets of paper if necessary.

8 Please advise if this grievance has been filed with the Department of Justice, another government agency or court: Government Agency or Court Contact Person Address City State Zip Code Phone with area code Date Grievance Filed Other Information or Comments Signature Date: For Internal Use Only: Date and Time Grievance Received: Date and Time of First Contact: Action Taken: