ADA Title II Action Guide for State and Local Governments

Establish a Grievance Procedure

Public entities with fifty or more employees must have a grievance procedure. A grievance procedure provides people who believe they have been discriminated against because of their disability, or others who believe they have been discriminated against because they have a friend or family member with a disability, with a formal process to make their complaint known. This procedure encourages prompt and equitable resolution of the problem at the local or state level without forcing people to file a federal complaint or a lawsuit.

The Title II regulations do not specify the procedures for the grievance procedure. The public entity may use a grievance procedure that is already in place; there is no need to reinvent the wheel or duplicate existing procedures. If the organization does not already have a grievance procedure, one must be established.

This Action Guide recommends that a grievance procedure include the following:

• A detailed description of the procedures for submitting a grievance and the steps that will be taken by the public entity.

• Reasonable time frames for review and resolution of the grievance.

• A two-step review process that allows for appeal.

• Record-keeping for all complaints submitted and documentation of steps taken towards resolution.

Sample Grievance Procedures (hyperlink to)