Americans with Disabilities Act (ADA)
The City is committed to fulfilling the spirit and intent of these regulations, inclusive of assuring equality of opportunity, full participation, independent living, and economic self-sufficiency for persons with disabilities.
The Americans with Disabilities Act (ADA), enacted on July 26, 1990, provides comprehensive civil rights protections to persons with disabilities in the areas of employment, state and local government services, access to public accommodations, transportation and telecommunications. The ADA is a companion civil rights legislation to the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973. This legislation mandates that qualified disabled individuals shall not be excluded from participation in, denied the benefit of, or be subjected to discrimination under any program or activity. The Act also protects employees with disabilities, with certain protections and requires employers to make reasonable accommodation for applicants and employees with disabilities. The ADA is divided into five parts, covering the following areas:
The City is obligated to observe all requirements of Title I in its employment practices; Title II in its programs, services, and activities; Title III all public accommodations to be accessible to and usable by persons with disabilities; any parts of Titles IV and V that apply to the City and its programs, services, or facilities; and all requirements specified in the 2010 ADA Standards and 2011 Proposed Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way (PROWAG) that apply to facilities and other physical holdings.
Complaints concerning access to City facilities, programs, services or activities should be addressed to the City’s ADA Coordinator:
|Rakesha L. Thomas, ADA Coordinator|
|Director, Human Resources & Risk Management|
|City of Fontana|
|Email Rakesha Thomas|
- Grievance Procedure & Americans with Disabilities Act (ADA)
- Complaint Review Process
- Decision/Appeal Process
- Complaint Retainage Policy
- City Employee ADA Complaint Process
The grievance procedure should include the following elements:
- A description of how and where a complaint under Title II may be filed with the government entity;
- If a written complaint is required, a statement notifying potential complainants that alternative means of filing will be available to people with disabilities who require such an alternative;
- A description of the time frames and processes to be followed by the complainant and the government entity;
- Information on how to appeal an adverse decision; and
- A statement of how long complaint files will be retained.
Within 15 calendar days after receipt of the complaint, the ADA Coordinator and/or the department head will conduct an investigation that may involve meeting with the complainant to discuss the complaint and possible resolutions.
If an informal resolution is not reached with the complainant, within 30 calendar days after receipt of the complaint, the ADA Coordinator or department ADA Liaison will respond in writing, and where appropriate, in a format accessible to the complainant, such as large print, Braille, or audio recording. The response will explain the position of the City 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 within 15 calendar days after receipt of the response to the City Manager or his/her designee.
Within 15 calendar days after receipt of the appeal, the City Manager or his/her designee will conduct an investigation that may involve meeting with the complainant to discuss the complaint and possible resolutions.
Within 30 calendar days after receipt of the appeal, the City Manager or his/her designee will review the complaint and the determination of the ADA Coordinator and 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 City’s ADA Coordinator or his/her designee, appeals to the City Manager or his/her designee, and responses from these two offices will be retained by the ADA Coordinator for at least five years.
Employment-related complaints are governed by City’s Personnel Rules and Regulations, entitled “Positive Employment Policy Statement.” Employees and job applicants may file disability related complaints with the ADA Coordinator.