Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 6203 - Office of Civil Rights › Chapter 00100 - Americans with Disabilities Act (ADA) Policy Statement › AMERICANS WITH DISABILITIES ACT (ADA) POLICY STATEMENT › Section 37-1-6203-00100-203

Current through June 25, 2024
The Mississippi State Personnel Board has established a
						separate grievance procedure for any applicant or employee who has reason to
						believe that they have been unlawfully discriminated against by the Mississippi
						Department of Transportation on the basis of disability. The separate Americans
						with Disabilities Act Grievance Procedure is not intended to prohibit an
						applicant or employee from utilizing the existing grievance procedure and
						grievant are not required to exhaust either grievance procedure prior to filing
						a complaint with an applicable federal agency.
A. Pursuant to Mississippi State Personnel
					 Board regulations, the ADA Grievance Procedure begins with the individual who
					 is filling the grievance preparing and submitting a written statement. The
					 statement should contain the name, address, and telephone number of the
					 individual or their authorized representative filing the complaint; a brief and
					 specific description of the situation, incident, or condition being grieved and
					 reasons therefore; identity of the grievant; identity of the witnesses, if any;
					 the remedy the individual is seeking; and the signature of the individual
					 filing the grievance properly dated by this individual (appendix B of the
					 Mississippi State Employee Handbook for sample form.)
B. The grievance should be submitted to the
					 Human Resources Director and/or agency ADA Coordinator within seven working
					 days of when the grievant became aware of the cause of the complaint.
C. The Human Resources Director and/or ADA
					 Coordinator will then have three working days to provide the grievant a written
					 acknowledgement of the grievance.
D. The Human Resources Director and/or ADA
					 Coordinator will promptly conduct a review of the issues involved in the
					 grievance. If a resolution of the grievance is mutually agreeable by the
					 parties involved, the Human Resources Director and/or ADA Coordinator will
					 facilitate arrangements of the resolution and make a record of this agreement.
					 If no resolution is possible, the Human Resources Director and/or ADA
					 Coordinator will provide written response to the grievant outlining all of the
					 relevant issues concerning the grievance. This response shall be approved by
					 the agency head or appointing authority and must be completed no later than
					 fifteen working days from the agencies receipt of the grievance.
E. If a grievance is not presented within the
					 time lines as set forth herein above, it will be considered waived absent an
					 extension by written mutual consent. If the Human Resources Director and/or ADA
					 Coordinator does not answer or acknowledge receipt of the grievance within the
					 specified time lines, the grievant may elect to treat the grievance as denied
					 at that point and immediately appeal the grievance to the Mississippi Employee
					 Appeals Board unless an extension of time is granted to the Human Resources
					 Director and/or ADA Coordinator to respond by written mutual
					 agreement.