Office of the State's Attorney - Patrick D. Kenneally

Civil Rights/Americans with Disabilities Act Grievance Procedure

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CIVIL RIGHTS/AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE

PURPOSE:  It is the policy of the Office of the McHenry County State’s Attorney to not discriminate in the provision of services, hiring, and employment practices on the basis of race, color, national origin (including language), sex, religion, age, or disability. The Office of the McHenry County State’s Attorney has an internal grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and the Americans with Disabilities Act (ADA) of 1990. These regulations state, in part, that no person will, solely by reasons of his or her race, color, national origin (including language), sex, religion, age, or disability be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving state or federal financial assistance.

 SCOPE:  This Grievance Procedure may be used by anyone who wishes to file a complaint alleging discrimination on the basis of race, color, national origin (including language), sex, religion, age, or disability in the provision of services, activities, programs, or benefits by the Office of the McHenry County State’s Attorney. The Office of the McHenry County State’s Attorney’s Employee Handbook governs employment-related complaints of discrimination. It is unlawful for the Office of the McHenry County State’s Attorney to retaliate against anyone who files a grievance or cooperates in the investigation of a grievance.

 STATEMENT OF PROCEDURE:  Everyone, without exception, has a human right to live, work, study, recreate, express themselves, and pursue their goals, with equal opportunity, respect, and dignity, in safe, welcoming, accessible, and inclusive environments, free from unlawful bias, discrimination, harassment, and obstacles.

 CIVIL RIGHTS COORDINATOR/ADA COORDINATOR:  The Civil Rights Coordinator/ADA Coordinator is responsible for ensuring that all services, activities, programs, or benefits provided by the Office of the McHenry County State’s Attorney are accessible to everyone regardless of race, color, national origin (including language), sex, religion, age, or disability. At the time of adoption of this procedure, the Civil Rights Coordinator/ADA Coordinator for the Office of the McHenry County State’s Attorney is:

First Assistant State's Attorney
2200 N. Seminary Avenue
Woodstock, IL  60098
(815) 334-4159

 PROCEDURE:

  1. The complaint shall be submitted in writing and contain the name, address, and phone number of the complainant. The complaint should contain the location, date, description of the problem or action alleged to be discriminatory, and the remedy or relief sought. It may also include information as to where an ADA accommodation is requested and a description of why the accommodation is needed.
  2. The complaint should be submitted to the Civil Rights Coordinator/ADA Coordinator at the address cited above as soon as possible, but no later than sixty (60) calendar days after the complainant becomes aware of the alleged discriminatory action.
  3. Within fifteen (15) calendar days after receipt of the complaint, the Civil Rights Coordinator/ADA Coordinator will meet with the complainant to clarify the facts of the incident and discuss possible resolutions.
  4. The Civil Rights Coordinator/ADA Coordinator will conduct an investigation of the complaint to determine its validity. This investigation may be informal, but it must be thorough, affording all interested persons an opportunity to submit evidence relevant to the complaint.
  5. Within thirty (30) calendar days after receipt of the complaint, the Civil Rights Coordinator/ADA Coordinator will respond in writing to the complainant. The response will explain the position of the County and offer options for substantive resolution of the complaint.
  6. If the response by the Civil Rights Coordinator/ADA Coordinator does not satisfactorily resolve the issue, the complainant may appeal the decision by filing an appeal in writing to the State’s Attorney within fifteen (15) days of receiving the Civil Rights Coordinator/ADA Coordinator’s decision.
  7. Within fifteen (15) calendar days after receipt of the appeal, the State’s Attorney will meet with the complainant to discuss possible resolutions.
  8. Within thirty (30) calendar days after receipt of the appeal, the State’s Attorney will respond in writing to the complainant with a final resolution of the appeal.
  9. All complaints received by the Civil Rights Coordinator/ADA Coordinator, appeals to the State’s Attorney, and responses from these offices will be retained by the Office of the McHenry County State’s Attorney for a period of three (3) years.
  10. The availability and use of this grievance procedure do not preclude a person from filing a complaint of discrimination on the basis of race, color, national origin (including language), sex, religion, age, or disability with the Illinois Criminal Justice Information Authority, 300 W. Adams St., Suite 200, Chicago, Illinois 60606, Phone (312) 793-8550, Fax (312) 793-8422, or the Office for Civil Rights, DHHS, 233 N. Michigan Ave., Suite 240, Chicago, Illinois 60601, Phone (800) 368-1019, Fax (312) 886-1807, TDD (800) 537-7697, www.hhs.gov/ocr/civilrights/complaints/index.html.
  11. If the grievance is based on a disability, the Office of the McHenry County State’s Attorney will make appropriate arrangements to assure that persons with disabilities can participate in or make use of this grievance procedure on the same basis as persons who do not have disabilities. Such arrangements may include, but not be limited to, the provisions of interpreters for the deaf, providing taped cassettes for the blind, or assuring a barrier-free location for the proceedings. The Civil Rights Coordinator/ADA Coordinator will be responsible for providing such arrangements.
  12. The Americans with Disabilities Act does not require the Office of the McHenry County State’s Attorney to take any action that would fundamentally alter the nature of its programs or services, or impose an undue financial or administrative burden.