Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 168 - DEPARTMENT OF LABOR - GENERAL › Chapter 50 - NONDISCRIMINATION POLICY AND GRIEVANCE PROCEDURE › Section 168-50-2 - PROCEDURES

Current through 2024-29, July 17, 2024
1.
General
Any individual with a disability who believes he/she has been
				  subjected to discrimination on the basis of disability may discuss the
				  complaint with departmental staff and/or may file a grievance under this
				  procedure.
It is unlawful for the State of Maine, its employees,
				  contractors, or grantees to retaliate against anyone who files a grievance or
				  cooperates in the investigation of a grievance.
2.
Form for filing
A grievance may be made in writing or by tape recording. A
				  grievance may be filed on the "Disability Discrimination Grievance" form
				  attached to this policy ("Attachment 1").
The grievance shall contain the name, address and telephone
				  number of the person filing it (the grievant) and shall state the problem or
				  action alleged to be discriminatory and any remedy or relief sought by the
				  grievant.
3.
Process
Grievances shall be processed in the following manner:
A.
Step A - Discussion of complaint
				with department
Any individual with a disability (and/or representative of
				  this person) may file a complaint with the departmental staff or the department
				  head (or the department head's designee) where the problem occurs, within 90
				  days of the alleged discriminatory action. The complaint at Step A may be
				  verbal, written, or recorded.
Whenever possible, the staff will attempt to resolve
				  complaints informally by discussing the matter with the individual and other
				  relevant persons. The staff may consult with or may refer the complaint to the
				  department's Accessibility Coordinator or the State Accessibility
				  Coordinator.
If the issue is not resolved within ten (10) working days
				  from the date filed, the grievant may elect to move the grievance to Step
				  B.
B.
Step B -
				Filing of grievance
Any individual with a disability (and/or representative of
				  this person) may file a formal grievance with the department's Accessibility
				  Coordinator or the State Accessibility Coordinator within 90 days of the
				  alleged discriminatory action, or within 30 days of the departmental response
				  or the completion of Step A, whichever is latest.
Any such grievance shall be in writing or tape recording
				  identifying the specific complaint, together with the desired resolution, as
				  well as the grievant's name and contact information.
C.
Step C - Investigation and
				decision
The State Accessibility Coordinator shall respond to any
				  grievance that concerns Statewide matters. The State Accessibility Coordinator
				  may assign responsibility to one or more departments for responding to the
				  grievance or portion of a grievance.
The responsible Accessibility Coordinator (or his/her
				  designee) shall conduct an investigation, if an investigation is warranted, of
				  the grievance to determine its validity. The Accessibility Coordinator who is
				  conducting the investigation shall prepare a draft written determination about
				  the grievance and submit it to the responsible department head. The
				  Accessibility Coordinator, after consultation with the department head or
				  his/her designee, shall issue a written decision to the grievant within a
				  reasonable time period.
The responsible Accessibility Coordinator's written decision
				  shall be the State's final decision on the grievance.