Grievance Procedure Under the Americans with Disabilities Act for Hiring or Employment PracticesThis 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 or Pregnancy-related condition in regard to hiring or employment practices by the New York State Higher Education Services Corporation (HESC).
Complaints alleging discrimination on the basis of disability or pregnancy-related condition in the provision of programs or services are covered in a separate policy posted at https://www.hesc.ny.gov/hesc-accessibility-policy.html.
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 problem. No particular format of the complaint is required. Alternative means of filing complaints, such as personal interviews or a tape recording of the complaint, will be made available for persons with disabilities upon request.
The complaint should be submitted by the grievant and/or his or her designee as soon as possible but no later than 60 calendar days after the alleged violation to:
- Elatisha Kirnon, Chief Diversity Officer
- Office of General Services Diversity & Equal Employment Opportunity Office
- 40th Floor, Corning Tower
- Empire State Plaza
- Albany, NY 12242
- (518) 486-9399
If the response by the CDO or his or her designee does not satisfactorily resolve the issue, the complainant and/or his or her designee may appeal the decision within 15 calendar days after receipt of the response to the head of the HESC or his or her designee.
Within 15 calendar days after receipt of the appeal, the head of HESC or his or her designee will respond in writing, and, where appropriate, in a format accessible to the complainant, with the agency’s final resolution of the complaint, or indicating that the matter has been returned to the CDO for further action. If further action is indicated, the complainant will be contacted within 15 days from the written response.
All written complaints received by the CDO or his or her designee, appeals to the head of HESC or his or her designee, and responses from these two offices will be retained by HESC and the New York State Office of General Services for at least three years.