16:84-2.2 Agency notice of non-discrimination based on disability policy
(a) NJ TRANSIT has adopted and promulgated a policy of non-discrimination on the basis of disability in the providing of transportation services, employment and other related programs and activities including access to service and facilities, treatment of customers and employees and individuals seeking employment or the use of transit services.
(b) Anyone seeking information or assistance with respect to accessibility of service or facilities should contact:
Director, ADA Services NJ TRANSIT One Penn Plaza East Newark, NJ 07105-2246 Phone:(973) 491-7242
(c) Anyone seeking information or assistance with respect to reasonable accommodation related to employment, including the employment process, should contact:
Director, Human Resources Strategy Policy NJ TRANSIT One Penn Plaza East Newark, NJ 07105-2246 Phone:(973) 491-8543
(d) In addition to any other advice, assistance or accommodation provided, a copy of the following notice shall be given to anyone who inquires regarding the Agency's compliance with the ADA or the availability of accommodation which would allow a qualified individual with a disability to receive services or participate in a program or activity provided by the Agency.
AGENCY NOTICE OF DISABILITY DISCRIMINATION COMPLAINT PROCEDURE
The Agency has adopted an internal procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by the U.S. Department of Justice regulations implementing Title II of the Americans with Disabilities Act. Title II states, in part, that "no otherwise qualified disabled individual shall, solely by reason of such disability, be excluded from participation in, be denied the benefits of or be subjected to discrimination" in programs or activities sponsored by a public entity.
Rules describing and governing the internal procedure can be found in the New Jersey Administrative Code, N.J.A.C. 16:84-4.1 et seq. Complaints should be addressed to:
Director, EO/AA and Diversity Programs NJ TRANSIT Headquarters One Penn Plaza East Newark, NJ 07105-2246 Phone:(973) 491-8052
1. The Agency's procedure does not preclude individuals from reporting incidents, orally or in writing, to a responsible NJ TRANSIT official in an effort to resolve a matter to the mutual satisfaction of all parties without resorting to the filing of a complaint.
2. A complaint should be filed in writing and contain the name and address of the person filing it, and briefly describe the alleged violation. A form for this purpose is available from the Director, EO/AA and Diversity Programs.
3. A complaint should be filed by the complainant promptly within 30 days after the incident or action being reported.
4. An investigation, as may be appropriate, will follow the filing of a complaint. The investigation will be conducted by the Agency's Director, EO/AA and Diversity Programs. The rules contemplate informal but thorough investigations, affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to a complaint.
5. In most cases, a written determination as to the validity of the complaint and a description of the resolution, if any, will be issued by the Executive Director and/or his or her designee and a copy forwarded to the complainant no later than 60 days after its filing with the Director, EO/AA and Diversity Programs.
6. The Director, EO/AA and Diversity Programs will maintain the files and records of the Agency relating to the complaints filed.
7. The right of a person to a prompt and equitable resolution of the complaint filed hereunder will not be impaired by the person's pursuit of other remedies such as the filing of an ADA complaint with the responsible Federal department or agency of the New Jersey Division of Civil Rights. Use of this complaint procedure is not a prerequisite to the pursuit of other remedies.
8. The rules will be construed to protect the substantive rights of interested persons, to meet appropriate due process standards and to assure that the Agency complies with the ADA and implementing Federal rules.