Discrimination Policies

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 HumanKind Personnel Policy governs employment-related complaints of disability discrimination.

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 alleged discrimination. Alternative means of filing complaints, such as personal interviews or tape recording of the complaint, will be made available for persons with disabilities upon request.

The complaint should be submitted by the complainant and/or his/her designee as soon as possible but no later than 60 calendar days after the alleged violation to:

Korin Ballengee
ADA Coordinator
HumanKind
1903 HumanKind Way
Lynchburg, VA 24503
(434) 384-3131

Within 15 calendar days after receipt of the complaint, HumanKind or his/her designee will meet with the complainant to discuss the complaint and the possible resolution. Within 15 calendar days of the meeting, HumanKind or his/her 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 HumanKind position and offer options for substantive resolution of the complaint.

If HumanKind response 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 Department of Rail and Public Transportation or his/her designee.

Within 15 calendar days after receipt of the appeal, the Department of Rail and Public Transportation or his/her designee will meet with the complainant to discuss the complaint and possible resolutions. Within 15 calendar days after the meeting, the Department of Rail and Public Transportation or his/her 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 Korin Ballengee or his/her designee, appeals to the Department of Rail and Public Transportation or his/her designee, and responses from these two offices will be retained by HumanKind for at least three years.

NOTICE UNDER THE AMERICANS WITH DISABILITIES ACT

In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 (ADA), the HumanKind will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs or activities.

Employment: HumanKind does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission under Title I of the ADA.

Effective Communication: HumanKind will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in HumanKind’ s programs, services and activities, including qualified sign language interpreters, documents in Braille, and other ways of making information and communications accessible to people who have speech, hearing or vision impairments.

Modifications to Policies and Procedures: HumanKind will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities.

Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to participate in a HumanKind program, service, or activity, should contact HumanKind’s ADA Coordinator Korin Ballengee at 434-455-3635 or kballengee@humankind.org as soon as possible but no later than 48 hours before the scheduled event.

The ADA does not require HumanKind to take any action that would fundamentally alter the nature of its programs or services, or impose any undue financial or administrative burden.

Complaints that a HumanKind program, service or activity is not accessible to persons with disabilities should be directed to HumanKind ADA Coordinator, Korin Ballengee at 434-455-3635 or kballengee@humankind.org.

HumanKind will not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the cost of providing auxiliary aids/services or reasonable modifications of policy.

DISCRIMINATION COMPLAINT PROCEDURES – HANDLING, TRACKING, RESOLVING, AND REPORTING INVESTIGATIONS/COMPLAINTS

Any individual may exercise his or her right to file a complaint with HumanKind if that person believes that s/he or any other program beneficiaries have been subjected to unequal treatment or discrimination in the receipt of benefits/services or prohibited by non-discrimination requirements. HumanKind will make a concerted effort to resolve complaints locally, using the agency’s Nondiscrimination Complaint Procedures, as described below. All Title VI complaints and their resolution will be logged as described under “Data collection” and reported immediately.

Should any Title VI investigations be initiated by FTA, or any Title VI lawsuits be filed against HumanKind, the agency will follow these procedures:

These procedures apply to all complaints filed under Title VI of the Civil Rights Act of 1964 as amended, and the Civil Rights Restoration Act of 1987, relating to any program or activity administered by HumanKind, as well as to sub recipients, consultants, and/or contractors. Intimidation or retaliation of any kind is prohibited by law. These procedures do not deny the right of the complainant to file formal complaints with other state or federal agencies, or to seek private counsel for complaints alleging discrimination. These procedures are part of an administrative process that does not provide for remedies that include punitive damages or compensatory remuneration for the complainant.

Every effort will be made to obtain early resolution of complaints at the lowest level possible. The option of informal mediation meeting(s) between the affected parties and the Title VI Compliance Officer may be utilized for resolution. The Title VI Compliance Officer will make every effort to pursue a resolution to the complaint. Initial interviews with the complainant and the respondent will request information regarding specifically requested relief and settlement opportunities.

Procedures

1. Any individual, group of individuals, or entity that believes they have been subjected to discrimination prohibited by Title VI nondiscrimination provisions may file a written complaint with HumanKind’s Title VI Program Compliance Officer. A formal complaint must be filed within 180 calendar days of the alleged occurrence or when the alleged discrimination became known to the complainant. The complaint must meet the following requirements.
   1. Complaint shall be in writing and signed by the complainant(s).
   2. Include the date of the alleged act of discrimination (date when the complainant(s) became aware of the alleged discrimination; or the date on which that conduct was discontinued or the latest instance of the conduct).
   3. Present a detailed description of the issues, including names and job titles of those individuals perceived as parties in the complained-of incident.
   4. Allegations received by fax or e-mail will be acknowledged and processed, once the identity (dies) of the complainant(s) and the intent to proceed with the complaint have been established. The complainant is required to mail a signed, original copy of the fax or e-mail transmittal for HumanKind to process it.
   5. Allegations received by telephone will be reduced to writing and provided to complainant for confirmation or revision before processing.
   6. A complaint form will be forwarded to the complainant for him/her to complete, sign, and return to HumanKind for processing.
2. Upon receipt of the complaint, the Title VI Compliance Officer will determine its jurisdiction, acceptability, and need for additional information, as well as investigate the merit of the complaint.
3. In order to be accepted, a complaint must meet the following criteria:
   1. The complaint must be filed within 180 calendar days of the alleged occurrence or when the alleged discrimination became known to the complainant.
   2. The allegation(s) must involve a covered basis such as race, color, or national origin.
   3. The allegation(s) must involve a program or activity of a federal-aid recipient, sub recipient, or contractor.
4. A complaint may be dismissed for the following reasons:
   1. The complainant requests the withdrawal of the complaint.
   2. The complainant fails to respond to repeated requests for addition information needed to process the complaint.
   3. The complainant cannot be located after reasonable attempts.
5. Once HumanKind decides to accept the complaint for investigation, the complainant and the respondent will be notified in writing of such determination within seven calendar days. The complaint will receive a case number and will then be logged into HumanKind’s records identifying its basis and alleged harm.
6. HumanKind’s final investigative report and a copy of the complaint will be forwarded to FTA (or appropriate Federal Agency) and affected parties within 60 calendar days of the acceptance of the complaint.
7. HumanKind will notify the parties of its final decision.
8. If complainant is not satisfied with the results of the investigation of the alleged discrimination and practices the complainant will be advised of their right to file a complaint with FTA.

HumanKind gives public notice of its policy to assure full compliance with Title VI of the Civil Rights Act of 1964 and all related statutes.  Title VI requires that no person in the United States of America shall, on the grounds of race, color, or national origin, be excluded from the participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which HumanKind receives Federal financial assistance.

Please contact HumanKind to request a copy of the department’s Title VI program.

Any person who believes that he or she has, individually, or as a member of any specific class of persons, been excluded from the participation in, been denied the benefits of, or been otherwise subjected to discrimination under any program or activity for which HumanKind provides assistance, and believes the discrimination is based upon race, color, national origin, gender, age, economic status or limited English proficiency has the right to file a formal complaint.

If a complaint addresses a particular service provider, the complaint should be lodged with that provider.   A complaint must be submitted within 180 days of the alleged discriminatory act.  Complaints may also be filed with the US Federal Transit Administration.  If a complaint addresses DRPT, you may file the complaint thru email, by phone, or in writing to the contact below.

Public Information Office

VA Department of Rail and Public Transportation
600 East Main Street, Suite 2102
Richmond VA 23219
(804) 786-4440
drpt@virginia.gov

For complainants who may be unable to file a written complaint, verbal information will be accepted by HumanKind, (434) 384-3131, kballengee@humankind.org as well as by the individual service providers.

To submit a formal complaint or to request additional information on Title VI obligations for HumanKind contact as noted below.

Korin Ballengee, Human Resources Manager
HumanKind
1903 HumanKind Way
Lynchburg, VA 24503

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