Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 120 - Mississippi State Employee Handbook › Chapter 8 - GRIEVANCES › Section 27-120-8.6 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE

Current through June 25, 2024
A. Any applicant
				for an employment position or employee who has reason to believe that they have
				been unlawfully discriminated against by a State agency on the basis of
				disability may file a grievance in accordance with this separate grievance
				procedure. A copy of the ADA Grievance Form can be found at
http://www.mspb.ms.gov
.
				Implementation of this separate Americans with Disabilities Act (ADA) Grievance
				Procedure is not intended to prohibit an applicant or State employee from
				utilizing the existing grievance procedures. Grievants are not required to
				exhaust this separate ADA Grievance Procedure prior to filing a complaint with
				an applicable federal agency.
B.
				The ADA Grievance Procedure begins with the individual who is filing 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 witnesses, if any; the remedy
				the individual is seeking; and the signature of the individual filing the
				grievance properly dated by this individual.
C. The grievance should be submitted to the
				human resources director or ADA coordinator of the agency where the alleged
				discrimination occurred within seven (7) working days of when the grievant
				became aware of the cause of the complaint.
D. The agency's human resources director, ADA
				coordinator, or a designee will have three (3) working days to provide to the
				grievant a written acknowledgment of the grievance.
E. The agency human resources director, ADA
				coordinator, or a designee 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 agency human resources director or ADA
				coordinator will facilitate arrangement of the resolution and make a record of
				this agreement. If no resolution is possible, the human resources director, ADA
				coordinator, or a designee will provide a 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 (15) working days from the agency's receipt of
				the grievance.
F. 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, ADA coordinator, or designee 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, ADA coordinator, or designee to
				respond by written mutual agreement.