ADA Notice and Grievance Policy

ADA Notice

In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990, the New Mexico Governor’s Commission on Disability (GCD) will not discriminate against qualified individuals with disabilities on the basis of disability in the agency’s services, programs, or activities. The GCD does not discriminate on the basis of disability in its hiring or employment practices. The agency will not ask a job applicant about the existence, nature, or severity of a disability.

Applicants may be asked about their ability to perform specific job functions. Medical examinations or inquiries may be made, but only after a conditional offer of employment is made and only if required of all applicants for the position. The agency will make reasonable accommodations for the known physical or mental limitations of a qualified applicant or employee with a disability upon request unless the accommodation would cause an undue hardship on the operation of the agency’s business. To the extent its selection criteria for employment decisions have the effect of disqualifying an individual because of disability, those criteria will be job-related and consistent with business necessity.

The GCD will provide appropriate auxiliary aids and services, including qualified sign language interpreters and assistive listening devices, whenever necessary to ensure effective communication with members of the public who have hearing, sight, or speech impairments, unless to do so would result in a fundamental alteration of its programs or an undue administrative or financial burden. A person who requires an accommodation or an auxiliary aid or service to participate in an agency program, service, or activity, should contact the ADA Coordinator at (505) 396-0312 or jeminie.shell@gcd.nm.gov as far in advance as possible but no later than 48 hours before the scheduled event.

Jeminie Shell, MA, ADAC
ADA Coordinator
NM Governor’s Commission on Disability
491 Old Santa Fe Trail, Lamy Building
Santa Fe, NM 87501
505-396-0312

Complaints that an agency program, service, or activity is not accessible to persons with disabilities should be directed to the ADA Coordinator

Complaints of disability-based discrimination against applicants for GCD employment or employees should be directed to the employee’s supervisor or the HR Coordinator.

The agency will not place a surcharge on an individual with a disability or any group of individuals with disabilities to cover the cost of providing auxiliary aids/services or reasonable modifications.

ADA Grievance Policy

This Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act. It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, programs, or benefits by the Governor’s Commission on Disability.

Please note that the grievance process is not the same as the process to request reasonable modifications for accessibility. To request reasonable modifications to a program, service, or activity, please contact the ADA Coordinator, named below.

An informal complaint process is also available to complainants, and those complaints can be addressed to the ADA Coordinator, named below. Complainants are not required to use the informal process prior to submitting a formal complaint; however, informal complaints are encouraged as a first step because complaints can often be resolved informally. Informal complaints can be directed to the ADA Coordinator, named below.

Formal complaints 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. Alternative means of filing complaints, such as personal interviews or a digital recording of the complaint, will be made available for persons with disabilities upon request.

The complaint should be submitted by the grievant and/or their designee as soon as possible but no later than 60 days after the alleged violation to:

Jeminie Shell, MA, ADAC
ADA Coordinator
NM Governor’s Commission on Disability
491 Old Santa Fe Trail, Lamy Building
Santa Fe, NM 87501
505-396-0312

Within 15 calendar days after receipt of the complaint, the ADA Coordinator will meet with the complainant to discuss the complaint and possible resolutions. Within 15 calendar days after the meeting, the ADA Coordinator will respond in writing, and, where appropriate, in a format accessible to the complainant, such as large print or audio recording. The response will explain the position of the Governor’s Commission on Disability and offer options for substantive resolution of the complaint.

If the response by the ADA coordinator does not satisfactorily resolve the issue, the complainant and/or their designee may appeal the decision of the ADA Coordinator to the GCD Director or their designee within 15 calendar days after receipt of the response. If there is concern regarding conflict of interest (i.e. the complaint is related to a decision previously made by the ADA Coordinator) the complaint will move directly to the appeal process.

Within 15 calendar days after receipt of the appeal, the Director or their designee will meet with the complainant to discuss the complaint and possible resolutions. Within 15 calendar days after the meeting, the Director or their designee will respond in writing, and, where appropriate, in a format accessible to the complainant, with a final resolution of the complaint.

At any time before, during, or after this process concludes the complainant also has the right to file the complaint with the Department of Justice, Office of Civil Rights (OCR). Please see Contact the Civil Rights Division | Department of Justice for instructions. The OCR encourages complainants to use the local agency-level complaint process first, whenever possible, but it is not required.

All written complaints received by the ADA Coordinator, appeals to the Director or their designee, and responses from the ADA Coordinator and Director or their designee will be kept by GCD for at least three years.