Americans with Disabilities Act Grievance
The Santa Clara Valley Transportation Authority (VTA) grants all citizens equal access to its transportation services.
This 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 in the provision of services, activities, programs, or benefits by VTA. VTA’s Personnel Policy governs employment-related complaints of disability discrimination.
Any person with a disability who believes that she/he has been discriminated against in any access to VTA’s transit services, public information, or employment opportunities may file a grievance with VTA’s ADA Compliance Officer, Jaye Bailey.
The complaint must be filed no later than 180 calendar days of the alleged discriminatory incident. The preferred method is to file the complaint in writing using the ADA Complaint Form (provided below), and sending it to:
Office of Civil Rights
Santa Clara Valley Transportation Authority
3331 North First Street, B1
San Jose, CA 95134
Verbal complaints will be accepted and transcribed by contacting VTA’s customer service center at (408) 321-2300. Complaints may also be filed with external entities such as the Federal Transit Administration, the Equal Employment Opportunity Commission, or the Department of Fair Employment and Housing. Please review information on the respective agency websites for details on filing ADA complaints.
Should a complaint be filed with VTA and an external entity simultaneously, the external complaint shall supersede the VTA complaint. However, VTA will continue its own investigation of the complaint and make the findings available.
Within 10 working days of receipt of the formal complaint, the ADA Coordinator will notify the complainant and begin an investigation.
The investigations will address complaints against any VTA department(s). The investigation will be conducted in conjunction with and under the advice of the Employee Relations Department.
- The investigation may include discussion(s) of the complaint with all affected parties to determine the problem. The complainant may be represented by an attorney or other representative of his/her own choosing and may bring witnesses and present testimony and evidence in the course of the investigation.
- The investigation will be conducted and completed within 60 days of the receipt of the formal complaint.
- Based upon all the information received, an investigation report will be written by the ADA Coordinator for submittal to the Chief Administrative Officer.
- The complainant will receive a letter stating that final decision by the end of the 60 day time limit. Most investigations are completed within 30 days.
- The complainant will have five (5) business days from receipt of the letter to appeal to VTA. If no appeal is received, the complaint will be closed. Appeals may also be made to the Federal Transit Administration, the Equal Employment Opportunity Commission, or the Department of Fair Employment and Housing.
All written complaints received by the ADA Coordinator or her designee, appeals to the Federal Transit Administration, the Equal Employment Opportunity Commission, or the Department of Fair Employment and Housing, and responses from these offices will be retained by VTA for at least one year.