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.