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| Americans with Disabilities Act (ADA) Policy |
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| Date of Record: December 29, 2009 |
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It is the policy of the Village of Algonquin to comply with all provisions of the Americans with Disabilities Act (ADA) . The Village will not discriminate against any qualified employee or job applicant with respect to any term or condition of employment based on a physical or mental disability or the perception of a physical or mental disability. If an individual is qualified to perform the essential and fundamental functions and duties associated with a job, the Village will make reasonable accommodations as necessary for applicants and employees with disabilities, provided that such accommodations do not pose a threat to safety or cause an undue hardship to the Village.
Any applicant or employee who believes that he or she has been discriminated against based on a physical or mental disability, or based on a perception that they suffer from a physical or mental disability, should take the following steps:
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Reporting of the Incident: Make a report of any suspected violation of the ADA to the Human Resources Director. The report may be made initially either orally or in writing, but reports made orally must be reduced to writing before an investigation can be initiated and a resolution achieved.
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Investigation of the Complaint: When a complaint has been reduced to writing, the Human Resources Director will, within three (3) working days, meet with the complaining party to determine the nature of the complaint. If it is determined that a disability does not exist, the Human Resources Director will so notify the complaining party in writing within three (3) working days of their meeting. If it is determined that a disability does exist, the Human Resources Director will determine whether a reasonable accommodation can be made and, if so, what that reasonable accommodation is. Within seven (7) working days from the date of the meeting, the Human Resources Director will advise the complaining party in writing of the proposed resolution of the complaint.
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Keeping of Records and the Confidentiality of Such Records: Applicants or employees who submit a written complaint of a violation of the ADA are encouraged to keep written notes in order to accurately record the chain of events. Every effort shall be made to keep all matters related to the investigation and various reports confidential. In the event of a lawsuit, however, the Village advises that those records maintained by the Village and any records maintained by the complainant may not be considered privileged from disclosure. Written records will be maintained by the Village for two (2) years from the date of the resolution, unless circumstances dictate that the records should be kept for a longer period of time.
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Timeframe for Reporting Complaints: The Village encourages prompt reporting of complaints so that rapid response and appropriate action may be taken. However, due to the potential sensitivity of these types of issues, no specific timeframe is established for submitting ADA complaints. Delayed reporting of complaints will not, in and of itself, preclude the Village from taking remedial action.
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Appeal Process: If an applicant or employee is dissatisfied with the outcome or resolution of an ADA complaint, that individual has the right to appeal the decision. Within seven (7) working days from receipt of the Human Resources Director's response, the applicant or employee should submit his or her written comments to the Human Resources Committee for review. The Human Resources Committee may then refer the matter to staff and the Village Attorney for further steps, or make a recommendation to be forwarded to the Village Board for its adoption, or take any other action as is deemed appropriate.
| Americans with Disabilities Act Coordinator |
Todd Walker
Human Resources Director
2200 Harnish Drive
Algonquin, IL 60102
847-658-2700
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