Accessibility and Civil Rights

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Public Outreach and Education

This web page is intended to be an always-available resource that outlines the City of Lexington’s Accessibility and Civil Rights policies, practices and procedures.

The City of Lexington is committed to assuring accessibility for all, and to complying with U.S. nondiscrimination legislation, including:

 

Policy Statements

The City of Lexington assures that no person shall on the grounds of race, color, national origin, age, disability/handicap or sex, as provided by Title VI of the Civil Rights Act of 1964, and the Civil Rights Restoration Act of 1987 be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving Federal financial assistance. The LPA further assures every effort will be made to ensure nondiscrimination in all of its programs and activities, whether those programs and activities are federally funded or not.

Pursuant to the requirements of Section 504 of the Rehabilitation Act of 1973 (29 USC 794), the City of Lexington hereby gives assurance that no qualified disabled person shall, solely by reason of his disability, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination, including discrimination in employment, under any program or activity that receives or benefits from this Federal financial assistance.

Equal Employment Opportunity & Nondiscrimination Policy

 It is the policy of the City of Lexington, Nebraska, to guarantee equal opportunity to all qualified, legally eligible, applicants and employees with respect to initial appointment, advancement, and general working conditions, without regard to race, color, national origin, age, creed, disability/handicap, genetic information, sex or sexual orientation.

The City of Lexington prohibits discrimination against any person in recruitment, examination, appointment, training, promotion, retention, discipline or any other aspects of personnel administration because of political or religious opinions or affiliations or because of race, color, national origin, genetic information or other non-merit factors.  Discrimination on the basis of age, sex or disability shall be prohibited except where specific age, sex or physical, mental or other requirements constitute a bona fide occupational qualification necessary to proper, efficient and safe implementation of activities.

Discrimination Complaint Procedures (Allegations of Discrimination)

  1. Any person who believes that he or she, individually, as a member of any specific class, or in connection with any disadvantaged business enterprise, has been subjected to discrimination prohibited by Title VI of the Civil Rights Act of 1964, the American with Disabilities Act of 1990, Section 504 of the Vocational Rehabilitation Act of 1973 and the Civil Rights Restoration Act of 1987, as amended, may file a complaint with the City of Lexington. A complaint may also be filed by a representative on behalf of such a person. All complaints will be referred to the City of Lexington’s Civil Rights Coordinator for review and action.
  2. In order to have the complaint consideration under this procedure, the complainant must file the complaint no later than 180 days after: (a) The date of alleged act of discrimination; or (b) Where there has been a continuing course of conduct, the date on which that conduct was discontinued.  In either case, the City of Lexington’s Civil Rights Coordinator may extend the time for filing or waive the time limit in the interest of justice, specifying in writing the reason for so doing.
  3. Complaints shall be in writing and shall be signed by the complainant and/or the complainant’s representative. Complaints shall set forth as fully as possible the facts and circumstances surrounding the claimed discrimination.  In the event that a person makes a verbal complaint of discrimination to an officer or employee of the City of Lexington, the person shall be interviewed by the Civil Rights Coordinator.  If necessary, the Civil Rights Coordinator will assist the person in reducing the complaint to writing and submit the written version of the complaint to the person for signature.
  4. Within 10 days, the Civil Rights Coordinator will acknowledge receipt of the allegation, inform the complainant of procedures to be followed.
  5. Within 60 days, the Civil Rights Coordinator will conduct an investigation of the allegation and based on the information obtained, will render a recommendation for action in a report of findings to the City Manager. The complaint should be resolved by informal means whenever possible. Such informal attempts and their results will be summarized in the report of findings.
  6. Within 90 days of receipt of the complaint, the City Manager will notify the complainant in writing of the final decision reached, including the proposed disposition of the matter.

To file a complaint or for more information, contact City of Lexington by any of the methods provided below.
Mail or in person:
City of Lexington
Civil Rights Coordinator
406 E. 7th Street, PO Box 70
Lexington, Nebraska  68850
Phone:  308-324-2341
Fax:      308-324-4590
Email:    [email protected]

Americans With Disabilities Act (ADA)

The ADA and its guidelines are a major part of the “accessibility” that the City of Lexington is committed.  The City of Lexington’s new construction projects adhere to ADA standards, and older (Pre-ADA) facilities have been updated and will continue to be updated as needed.

Notice Under The Americans With Disabilities Act

 In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 (“ADA”), The City of Lexington will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities.

Employment: The City of Lexington does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission under Title I of the ADA.

Effective Communication: The City of Lexington will, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in the City of Lexington’s programs, services, and activities, including qualified sign language interpreters, documents in Braille, and other ways of making information and communications accessible to people who have speech, hearing, or vision impairments.

Modifications to Policies and Procedures: The City of Lexington will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities. For example, individuals with service animals are welcomed in City of Lexington offices, even where pets are generally prohibited.

Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to participate in a program, service, or activity of the City of Lexington, should contact Dennis Burnside, Civil Rights Coordinator, Lexington City Hall, 406 E 7th Street, PO Box 70, Lexington, Nebraska 68850, (308) 324-2341, or [email protected] as soon as possible but no less than 48 hours before the scheduled event.

The ADA does not require the City of Lexington to take any action that would fundamentally alter the nature of its programs or services, or impose an undue financial or administrative burden.

The City of Lexington will not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the cost of providing auxiliary aids or services or reasonable modifications of policy, such as retrieving items from locations that are open to the public but are not accessible to persons who use wheelchairs.

Grievance Procedure Under the ADA

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 the City of Lexington. The City of Lexington’s Personnel Policy governs employment-related complaints of disability discrimination.

The complaint 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 tape recording of the complaint, will be made available for persons with disabilities upon request.

The complaint should be submitted by the grievant and/or his/her designee as soon as possible but no more than 60 calendar days after the alleged violation to:
Dennis Burnside, Civil Rights Coordinator
Lexington City Hall, 406 E 7th Street, PO Box 70, Lexington, Nebraska 68850
(308) 324-2341, [email protected]
Within 15 calendar days after receipt of the complaint, the Civil Rights Coordinator or his/her designee will meet with the complainant to discuss the complaint and the possible resolutions. Within 15 calendar days of the meeting, the Civil Rights Coordinator or his/her designee will respond in writing, and where appropriate, in a format accessible to the complainant, such as large print, Braille, or audio tape. The response will explain the position of the City of Lexington and offer options for substantive resolution of the complaint.

If the response by the Civil Rights Coordinator or his/her designee does not satisfactorily resolve the issue, the complainant and/or his/her designee may appeal the decision within 15 calendar days after receipt of the response to the City Manager or his/her designee.

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

All written complaints received by the Civil Rights Coordinator or his/her designee appeals to the City Manager or his/her designee, and responses from these two offices will be retained by the City of Lexington for at least three years.

Click here for a downloadable and printable ADA Grievance Form.