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Reasonable Accommodations Under The Americans
With Disabilities Act

Policy
It is the policy of the Department that no qualified individual with a disability shall, solely based on the disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any of the policies or procedures of the Department in any employment practice.


This Department shall make reasonable accommodations to known physical or mental limitations of a qualified applicant or employee with a disability which would enable the individual to perform the essential job tasks.


The Department must provide a reasonable accommodation for a qualified applicant or employee with a known physical or mental disability unless it can show that the accommodation would impose an undue hardship on the operation.


Americans with Disabilities Act Grievance Procedures

Policy

  1. The Texas Department of Public Safety has adopted an internal grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by the U. S. Department of Justice regulations implementing Title II of the Americans with Disabilities Act (ADA). Title II states, in part, that "no otherwise qualified disabled individual shall, solely by reason of such disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination" in programs or activities sponsored by a public entity.
  2. Complaints should be addressed to:
    Director, Human Resources
    5805 North Lamar Blvd., PO Box 4087,
    Austin, Texas 78773-0251, 512-424-5900,
    who has been designated to coordinate ADA compliance efforts.
  3. The ADA Coordinator shall maintain the files and records of the Texas Department of Public Safety relating to the complaints filed.
  4. The right of a person to a prompt and equitable resolution of the complaint filed hereunder shall not be impaired by the person's pursuit of other remedies such as the filing of an ADA complaint with the responsible federal or state department or agency. Use of this grievance procedure is not a prerequisite to the pursuit of other remedies.
  5. This policy shall be construed to protect the substantive rights of interested persons to meet appropriate due process standards, and to assure that the Texas Department of Public Safety complies with the ADA and the implementing regulations.

Complaint Procedures for Program Compliance

  1. A complaint should be filed in writing or verbally, containing the name and address of the person filing it, and briefly describe the alleged violation of the regulations.
  2. A complaint should be filed within 30 days after the complainant becomes aware of the alleged violation. (Processing of allegations of discrimination which occurred before adoption of this administrative rule will be considered on a case-by-case basis.)
  3. An investigation, as may be appropriate, shall follow a filing of complaint. The investigation shall be conducted by an employee designated by the Assistant Director. The designated investigator may not be a member of the same service or bureau administering the program or activity complained of. This procedure contemplates informal but thorough investigations, affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to a complainant. A copy of the investigative report will be forwarded to the major division chief in charge of the program or activity complained of.
  4. A written determination as to the validity of the complaint and a description of the resolution, if any, shall be issued by the major division chief and a copy forwarded to the complainant no later than 30 days after its filing.
  5. The complainant can request a reconsideration of the case in instances where he or she is dissatisfied with the resolution. The request for reconsideration should be made to the Assistant Director within 10 days of the date of the written determination issued by the major division chief. Based on his review of the investigation, the Assistant Director may alter the determination of the major division chief.
  6. The ADA Coordinator will advise the Chief of Legal Services, as necessary, about complaints received and the resolution of such complaints. The Chief of Legal Services shall assist the coordinator as the need arises.

Complaint Procedure for Employment Compliance

  1. An applicant for employment may file a complaint in writing or verbally. The complaint should contain the name and address of the person filing it. A complaint should be filed within 30 days after the complainant becomes aware of the alleged violation. (Processing of allegations of discrimination which occurred before adoption of this administrative rule will be considered on a case-by-case basis.)
  2. A board consisting of the Equal Employment Opportunity (EEO) Officer and two other member to be named by the Director has been established to receive, review, and make determinations as to validity on complaints of discrimination. Upon receipt of the complaint, the ADA Coordinator will forward the complaint to the EEO Officer.
  3. The complaint must fully describe the nature of the complaint and provide sufficient details to enable the board to arrive at a thorough understanding of what has occurred. The board may request additional information.
  4. A written determination as to the validity of the complaint and a description of the resolution, if any, shall be issued by the EEO Officer and a copy forwarded to the complainant, the Chief of the Office of General Counsel, and the ADA Coordinator no later than 30 days after its filing.
  5. The complainant can request a reconsideration of the case in instances where he or she is dissatisfied with the resolution. The request for reconsideration should be made to the Assistant Director within 10 days of the date of the written determination issued by the EEO Officer. Based on his review of the investigation, the Assistant Director may alter the determination of the EEO Officer.