The Public Employment Relations Board (PERB) is dedicated to compliance with the American with Disabilities Act (ADA). If you wish to file a complaint alleging a violation of Title II of the ADA, or other state laws applicable to persons with disabilities, based upon any action taken by the PERB. The steps of the PERB ADA Grievance Procedures are set forth below:
Step 1. The complaint should be filed in writing within 14 calendar days after the alleged violation occurs or as soon thereafter as the complainant and/or their representative become aware of the alleged violation. The complaint should be filed on the form below. The complaint should include any and all facts, documents and other materials relevant to and in support of, the alleged violation. Within 14 calendar days following receipt of the complaint, the PERB will acknowledge and notify the complainant and/or his or her representative, of the receipt of the complaint.
Step 2. Based upon the PERB’s review of the allegations contained in the complaint, an investigation, if determined to be appropriate and/or necessary, will be conducted within 30 calendar days after the date of the acknowledgment and notification of the complainant and/or his or her representative of the receipt of the complaint. The investigation may include an informal presentation of the complaint by the complainant and/or their representative. Investigations will be completed within 60 calendar days from the date on which the acknowledgment and notification of the complainant and/or his or her representative of the receipt of the complaint. PERB may extend this period of time, as needed, or as is necessary to complete the investigation. PERB will communicate any determination made regarding an extension of time to investigate to the complainant and/or his or her representative.
Step 3. PERB will communicate a determination of the results of its investigation to the complainant and/or his or her representative within 14 calendar days after the completion of the investigation.
Step 4. The complainant and/or his or her representative may request reconsideration of the PERB determination within 14 calendar days of receipt of the determination of the PERB by the complainant and/or his or her representative to the PERB director. The director of PERB, or his or her designee, in his or her discretion, may review the request and take whatever action, if any, he or she determines is appropriate.
Filing a Complaint by Alternative Means
If at all possible, a complaint should be filed on the attached ADA grievance form. If necessary, an alternative means of filing a complaint can be made available for disabled members of the public and/or their representatives upon request made to the EEO Officer. If a complaint is made through alternative means, once the EEO Officer has sufficient facts to formulate a complaint, the time for resolving a complaint by alternative means and disposition of that complaint shall be the same as if a written complaint were filed. As such, a determination will be communicated in the appropriate format accessible to the complainant.
Other Remedies
Use of the PERB ADA Grievance Procedure does not preclude other remedies, otherwise available by law.
File Retention
Any complaint filed pursuant to this policy and any materials gathered as a result of any investigation conducted, if any, shall be maintained for a period of three years by the PERB EEO Office pursuant to the requirements of Title II.
ALTERNATIVE FORMATS: In accordance with the California Government Code and ADA requirements, this publication can be made available in Braille, large print, computer disk, or tape cassette as a disability-related reasonable accommodation for an individual with a disability. To discuss how to receive a copy of this publication in an alternative format, please contact PERB, 1031 18th Street, Sacramento, CA, 95811, (916) 322-3198 or at perbquestions@perb.ca.gov.