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Utah Administrative Code (Current through November 1, 2019) |
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R982. Workforce Services, Administration |
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R982-101. Americans with Disabilities Complaint Procedure |
| R982-101-100. Authority and Purpose |
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(1) The legal authority for these rules is found in U. C. A. Sections 35A-1-104 and 63G-3-201(3) and Title II of the Americans with Disabilities Act (ADA). (2) No qualified individual with a disability, by reason of such disability, shall be excluded from participation in or be denied the benefits, services, programs, or activities of the Department, or be subjected to discrimination by the Department. (3) The Department will provide prompt and equitable resolution of all complaints filed with, received by, or referred to the Department by qualified individuals with disabilities arising from exclusion from participation in, or denial of benefits or services, programs or activities, administered by the Department. |
| R982-101-101. Definitions |
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(1) "ADA coordinator" (coordinator) means the Department's coordinator or coordinators who have responsibility for investigating and providing prompt and equitable resolution of complaints filed by qualified individuals alleging discrimination in the receipt of services or work accommodation due to disability. (2) "Executive Director" (Director) means the chief administrative officer of the Department appointed by the governor pursuant to Utah Code Ann. 35A-1-201(1)(a) or the Director's designee. (3) "Disability" means, with respect to an individual with a disability, a physical or mental impairment that substantially limits one or more of the major life activities of an individual; a record of an impairment; or being regarded as having an impairment. (4) "Qualified individual with a disability" The Department adopts the definition in Title II of the ADA. The term generally means a person who has a disability which limits one or more major life activities and who meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by the Department or who, with or without reasonable accommodation, can perform the essential functions of the position in the Department, or who would otherwise be an eligible applicant for vacant positions with the Department, as well as those who are employees of the Department. (5) "Major life activities" means functions such as caring for one's self, performing manual tasks, walking, sitting, seeing, hearing, speaking, breathing, learning and working. |
| R982-101-102. Classification of Records |
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The record of each complaint and appeal, and all written records produced or received as part of the complaint procedure under this rule, shall be classified as protected as defined under Section 63G-2-305 until the coordinator, Director, or designee issues the decision, at which time any portions of the record which may pertain to the individual's medical condition shall remain classified as private as defined under Section 63G-2-302, or controlled as defined in Section 63G-2-304. All other information gathered as part of the complaint record shall be classified as private information. The written decision of the coordinator, Director or designee shall be classified as protected information. |
| R982-101-103. Relationship to Other Laws |
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This rule does not prohibit or limit the use of remedies available to individuals under the state Anti-Discrimination Complaint Procedures Section 67-19-32; the Federal ADA Complaint Procedures, 28 CFR 35.170, et seq.; or any other federal law, Utah law or the common law that provides equal or greater protection for the rights of individuals with disabilities. |
| R982-101-104. Appointment of ADA Coordinator |
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The Director shall appoint one or more persons as the ADA coordinator to investigate and resolve complaints filed by qualified individuals with disabilities. |
| R982-101-200. Filing of Complaints by Department Employees or Applicants for a Vacant Position |
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(1) A complaint shall be filed in a timely manner to assure prompt, effective investigation, but no later than 180 days from the date of the alleged act of discrimination. (2) The complaint may be filed by a qualified individual with a disability with any Division, Office or Regional Office of the Department or directly with the coordinator. The complaint shall be in writing or in another accessible format suitable to the individual. Complaints filed locally are to be forwarded immediately to the coordinator. If filed directly with the coordinator it should be delivered or mailed to: ADA Coordinator Department of Workforce Services 140 East 300 South Salt Lake City, UT 84145-0249 (3) Each complaint shall be in writing or in another accessible format suitable to the individual and include: (a) the individual's name and address; (b) the nature and extent of the individual's disability; (c) the Department's alleged discriminatory action in sufficient detail to inform the Department of the nature and the date of the alleged violation; (d) a description of the action and accommodation desired; and, (e) be signed by the individual or legal representative. (4) Complaints filed on behalf of classes or third parties shall describe or identify by name, if possible, the alleged victims of discrimination. (5) With or without exhausting Department procedures, individuals may also file complaints alleging discrimination in employment with: Utah Anti-Discrimination and Labor Division 160 East 300 South Salt Lake City, UT 84114 or, Equal Employment Opportunity Commission 4520 North Central Avenue, Suite 300 Phoenix, AZ 85012-1848 Phone 602-640-2598 |
| R982-101-201. Investigation and Resolution of Employee Complaints |
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(1) The coordinator shall conduct an investigation of each complaint received. (2) Within 15 working days after receiving the complaint, the coordinator shall either issue a decision in writing stating the action that will be taken on the complaint, that no action will be taken on the complaint, or notify the complainant in writing that the decision is being delayed and the amount of additional time needed to issue a decision. (3) The party initiating the complaint and the Department may agree in writing to waive or extend the time limits set forth in the complaint process. |
| R982-101-202. Appeals of Employee Complaints |
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(1) The complainant may appeal the decision of the coordinator by filing an appeal within five working days from the receipt of the decision. The appeal shall be in writing or in another accessible format suitable to the individual. (2) The filing of an appeal shall be considered as authorization by the complainant to allow review of all information, including information classified as other than public information, by the Director. (3) The appeal shall describe in sufficient detail why the coordinator's decision is in error, is incomplete or ambiguous, is not supported by the evidence, or is otherwise improper. (4) The Director shall review the coordinator's findings and decision and may conduct an additional investigation. (5) The Director shall either issue a decision within ten working days of receipt of the appeal, or shall notify the complainant in writing or in another accessible format suitable to the individual that the decision is being delayed and the amount of additional time needed to issue a decision. (6) Nothing in this rule relieves the complainant from complying with or assisting in the complaint process by providing information necessary to make a decision on the complaint. (7) Nothing in this rule requires the Director to gather information or seek documentation to support the complaint. (8) The decision issued by the Director shall constitute the final agency action. (9) The Director may appoint a designee other than the coordinator to fulfill the Director's obligations under this rule. |
| R982-101-300. Filing of Complaints by Clients |
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(1) The Department will resolve all written complaints filed by a qualified individual with a disability with the Department arising from exclusion from participation in, or denial of benefits or services, programs or activities, administered by the Department. Complaints shall be made on a form as developed by the Department. (2) All client complaints shall be filed in a timely manner to assure prompt, effective assessment and consideration of the facts, but no later than 180 days from the date of the alleged act of discrimination. (3) The complaint may be filed with any Division, Regional Office or Local Office of the Department or directly with the coordinator. Complaints filed locally are to be forwarded immediately to the coordinator. The complaint shall be in writing or in another accessible format suitable to the individual and delivered or mailed to: ADA Coordinator Department of Workforce Services 140 E 300 South Salt Lake City, UT 84145-0249 (4) Each complaint shall include: (a) the individual's name and address; (b) the nature and extent of the individual's disability; (c) the Department's alleged discriminatory action in sufficient detail to inform the Department of the nature and the date of the alleged violation; (d) a description of the action and accommodation desired; and, (e) be signed by the individual or legal representative. (5) Complaints filed on behalf of classes or third parties shall describe or identify by name, if possible, the alleged victims of discrimination. (6) With or without exhausting Department procedures, complainants may also file complaints alleging discrimination in the delivery of services with: Director, Civil Rights Center U.S. Department of Labor 200 Constitution Avenue, NW Room N4123 Washington, D.C. 20210; or Office of Civil Rights U.S. Department of Health and Human Services Federal Office Building 1961 Stout Street Denver, CO 80295-3538 Or, for employment related complaints based on disability: Utah Anti-Discrimination and Labor Division 160 East 300 South Salt Lake City, UT 84114; or Equal Employment Opportunity Commission 4520 North Central Avenue, Suite 300 Phoenix, AZ 85012-1848 Phone 602-640-2598. |
| R982-101-301. Investigation of Client Complaints |
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(1) The coordinator shall document the filing of the complaint and shall assemble all the necessary information to process the complaint. (2) When conducting the investigation, the coordinator may seek assistance from the Attorney General or any Department employee or other person or agency in determining what action, if any, shall be taken on the complaint. |
| R982-101-302. Issuance of Decisions and Appeal Rights of Client Complaints |
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The coordinator shall issue a decision in writing or other accessible format suitable to the individual within 90 days from the date the complaint was received by the Department. The decision shall inform the parties of their appeal rights and the procedure for filing an appeal. The decision shall outline what action was taken or will be taken, if any. |