State Personnel Office Grievance Procedure Under The Americans with Disabilities Act
This Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act of 1990 (“ADA”). It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, programs, or benefits by the State Personnel Office (SPO). SPO’s Nondiscrimination and Harassment Policy governs employment-related complaints of disability discrimination.
The State Personnel Office does not hear complaints of employment discrimination. If you suspect discrimination in the recruitment, job application, hiring, training, compensation, transfer and reassignment, or promotions processes, you may file a complaint with the hiring agency or make an inquiry with the New Mexico Human Rights Bureau or the Equal Employment Opportunity Commission.
The complaint should be in writing and contain information about the alleged discrimination such as name, address, phone number of complainant and location, date, and description of the problem. Alternative means of filing complaints, such as personal interviews or a tape recording of the complaint, will be made available for persons with disabilities upon request.
The complaint should be submitted by the grievant and/or his/her designee as soon as possible but no later than 60 calendar days after the alleged violation to:
Within 15 calendar days after receipt of the complaint, the ADA Coordinator or designee will meet with the complainant to discuss the complaint and the possible resolutions. Within 15 calendar days of the meeting, the ADA Coordinator or designee will respond in writing, and where appropriate, in a format accessible to the complainant, such as large print, Braille, or audio tape. The response will explain the position of the SPO and offer options for substantive resolution of the complaint.
If the response by the ADA Coordinator or designee 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 SPO Director or their designee.
Within 15 calendar days after receipt of the appeal, the SPO Director or their designee will meet with the complainant to discuss the complaint and possible resolutions. Within 15 calendar days after the meeting, the SPO Director or their designee will 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 ADA Coordinator or designee, appeals to the SPO Director or their designee, and responses from these two offices will be retained by the SPO for at least three years.