RESOLUTION 2022-2: REGARDING COMMONWEALTH OF VIRGINIA COMPLIANCE WITH TITLE II OF THE AMERICANS WITH DISABILITIES ACT

WHEREAS, all Commonwealth of Virginia entities such as departments and agencies are subject to title II
of the Americans with Disabilities Act; and


WHEREAS, Part II of the Americans with Disabilities Act§ 35.107, Designation of Responsible Employee
and Adoption of Grievance Procedures, states “(a) Designation of Responsible Employee. A public entity
that employs 50 or more persons shall designate at least one employee to coordinate its efforts to
comply with and carry out its responsibilities under this part, including any investigation of any
complaint communicated to it alleging its noncompliance with this part or alleging any actions that
would be prohibited by this part. The public entity shall make available to all interested individuals the
name, office address, and telephone number of the employee or employees designated pursuant to this
paragraph. (b) Complaint procedure. A public entity that employs 50 or more persons shall adopt and
publish grievance procedures providing for prompt and equitable resolution of complaints alleging any
action that would be prohibited by this part;” and


WHEREAS, it is difficult to locate information regarding ADA Coordinators on agency websites; and


WHEREAS, it appears that many agency ADA coordinators have not been delegated the authority to
implement the duties of the above regulations; and


the WHEREAS, a willing and able pool of unemployed and underemployed blind persons as well as
persons with other disabilities exists with the expertise to fill these jobs, thus increasing the
employment of this underrepresented group in the labor force: NOW THEREFORE


BE IT RESOLVED by the National Federation of the Blind of Virginia, on this 30th day of October, 2022,
that this organization conduct a survey of Commonwealth of Virginia agency websites to determine if
requirements of Part II of the Americans with Disabilities Act§ 35.107, Designation of Responsible
Employee and Adoption of Grievance Procedures, are being met; and


BE IT FURTHER RESOLVED that if the investigation shows Commonwealth of Virginia agencies do not
meet requirements for § 35.107 of the Americans with Disabilities Act, our results be presented to the
Governor of the Commonwealth of Virginia and the General Assembly with a demand that the
Commonwealth of Virginia come in to compliance with the ADA through executive order and or
legislation; and


BE IT FURTHER RESOLVED that the Commonwealth of Virginia prominently display on its website a list of
all Commonwealth ADA coordinators with contact information, including: email address, telephone
numbers, mailing addresses, and other means of contact.