A grievance alleging denial of access to an Airport’s program, activity, or service based on disability should be documented in writing on the ADA Title II Grievance Form. The Form must contain the name, address, and phone number of the complainant and should include as much information as possible regarding the alleged denial of access, including date, time, location, and description of the denial of access. The Form must be signed by the complainant or her/his authorized representative and should be submitted as soon as possible but must be received by the Airport’s ADA Liaison Officer no later than one hundred eighty (180) calendar days following the alleged incident.
The Airport ADA Liaison Officer will review the completed Form within fifteen (15) business days of receipt. If the Form requires additional information, the Airport ADA Liaison Officer will contact the complainant and return the Form for completion. Once a completed form has been received, the Airport ADA Liaison Officer will attempt to discuss the issue with the complainant and involved parties (including tenants, contractors, and concessionaires, if necessary) to determine the existence of a violation.
If the Airport ADA Liaison Officer determines a further investigation is warranted, he/she will issue a Notice of Continuing Investigation (NCI) no later than fifteen (15) business days after receiving the grievance and forward the Form and all supporting documentation received to the City of Phoenix ADA Coordinator for formal investigation and assistance in the resolution of the grievance. It is the Airport’s policy to encourage an informal resolution of all grievances, within sixty (60) calendar days after receiving the grievance. If a mutually agreed upon informal decision cannot be achieved, the City of Phoenix ADA Coordinator will respond in writing with a case determination within ninety (90) calendar days of receiving the grievance. An extension of ninety (90) calendar days may be granted for final resolution if both parties agree to such in written form.
If the City of Phoenix ADA Coordinator’s case determination does not satisfactorily resolve the matter, the complainant may appeal. The written appeal and supporting documentation must provide a detailed description of its basis, be filed within fifteen (15) business days of the City of Phoenix ADA Coordinator’s case determination, and be sent to the Equal Opportunity Administrator (EO Administrator) of the Equal Opportunity Department.
Within thirty (30) days of receipt of the appeal, the EO Administrator will review the appeal, the City of Phoenix ADA Coordinator’s case determination, and gather any additional information needed. The EO Administrator will then prepare the appeal response for joint review by the City of Phoenix Equal Opportunity and Aviation Department Directors. Once the joint review process is completed, the EO Administrator will finalize the City’s appeal response and provide it to the complainant and the Airport ADA Liaison Officer.
Should the City of Phoenix Aviation Department receive an ADA grievance in the form of a lawsuit, the City of Phoenix Law Department shall be responsible for the investigation of the grievance.