EEO - ADA
City EO/ADA Policy
The City does not tolerate any form of unlawful discrimination on the basis of race, color, religion, sex (gender, sexual orientation, gender identity), national origin, ancestry, serious medical condition, age, disability and or retaliation, for exercising EO/ADA related protected activity, in city employment, under city contracts, city operated programs, services, facilities or in public accommodations.
City EEO/ADA Office
The EEO/ADA office assists with interpretation of City policy and federal and state laws dealing with discrimination. Additionally, the office may receive internal complaints; conduct internal investigations; and where appropriate, facilitate the resolution of said complaints. Further information regarding EO/ADA discrimination complaint process, including filing an internal complaint, is located on this website and in Section 1103 of the City of Las Cruces Personnel Manual and Public and Las Cruces Municipal Code (“LCMC”), Chapter 14 – Human Rights – Article II – Discrimination – Division 2, revised April 4, 2013, and City Manager (“CM”) Policy, number 4.2, Customer Service/Public Complaint Policy. LCMC 405. Id. The City EO/ADA Office documents the City’s processing of all formal discrimination complaints filed with the City
The City complies with applicable federal and state non-discrimination laws, including but not limited to the following:
- Title VI of the 1964 Civil Rights Act: Forbids Race, Color, National Origin Discrimination in Federally Assisted Programs and Activities.
- Title VII of the 1964 Civil Rights Act: Forbids Discrimination in Employment based on Race, Color, Sex, National Origin and Religion.
- Equal Pay Act (“EPA”) of 1963: Forbids Pay Discrimination, between men and women, in the same occupation.
- Age Discrimination in Employment Act (“ADEA”) of 1967: Forbids Age (over 40) Discrimination in Employment.
- Americans with Disabilities Act (“ADA”) of 1990: Forbids Disability Discrimination in Employment, Programs & Services and Public Accommodation.
- Sections 503 and 504 of Rehabilitation Act of 1973: Forbids Disability Discrimination by Federal Contractors.
- E.O. 11246: Forbids Race/Color, National Origin, Sex, Religion Discrimination by Federal Contractors.
- Genetic Information and Nondiscrimination Act (“GINA”): Forbids Genetic Information Discrimination in Employment.
- New Mexico Human Rights Act (“NMHRA”), of 1969: Forbids Employment Discrimination based on Race, Color, Sex, Age, Religion, Sexual Orientation, Sexual Identity, National Origin, Spousal Affiliation and Disability.
- Vietnam Era Readjustment Act of 1974 and Uniformed Services Employment and Reemployment Rights Act. Provides for certain rights and nondiscrimination against our veterans and military personnel.
The New Mexico Human Rights Act, of 1969, as amended. The NMHRA is enforced by the New Mexico Department of Workforce Solutions, Human Rights Division. The contact information is 1 (800) 566-9471; www.dws.state.nm.us. Under the NMHRA, individuals have up to 300 days within which to file a complaint of employment discrimination.
Titles VII of the 1964 Civil Rights Act; the 1963 Equal Pay Act; the 1967 Age Discrimination in Employment Act; Title I, of the Americans with Disabilities Act; and Title II of the Genetic Information Nondiscrimination Act are enforced by the U. S. Equal Employment Opportunity Commission (“EEOC”). The EEOC can be reached at 1 (800) 669-4000; www.eeoc.gov.
Title VI of the 1964 Civil Rights Act. Title VI prohibits discrimination on the basis of race, color, and national origin, in programs and activities of agencies receiving federal financial assistance. Title VI is enforced by the Federal Transportation Administration (“FTA”) of the U. S. Department of Transportation (“DOT”). The FTA can be reached at 1 (888) 446-4511; DOT can be reached at 1 (202) 366-0693; www.fhwa.dot.gov.
Sections 503, 504, of the Rehabilitation Act of 1973, E. O. 11246, Vietnam Era Veteran’s Readjustment Act of 1974 and the Uniformed Services Employment and Reemployment Rights Act (“USERRA”) are enforced by the U. S. Department of Labor (“DOL”). DOL can be reached at 1-866-487-2365; www.dol.gov.
The Americans with Disabilities Act
The 1990 Americans with Disabilities Act (“ADA”), as amended, is a federal law that prohibits discrimination against a qualified individual with a disability (“IWD”). This law includes non-discrimination in terms and conditions of employment; public services, programs and activities, provided or made available by state and local governments; and public accommodation, by private enterprises operating under public jurisdiction and operating for the purchase services or commodities.
The City will work to ensure effective communication with IWDs and will, upon request, provide auxiliary communication aids and services to afford those individuals equal opportunity for participation in City sponsored meetings, events or activities. Auxiliary aids and services may be, but are not limited to, a qualified sign language interpreter, large print materials, audio tape, a note taker, open or closed captioning, assistive listening devices, Braille materials, web site access, etc. This request should be made to the City’s EEO/ADA Coordinator, in writing, or by phone, at least 72 hours prior to the event where that accommodation is needed.
The U. S. Department of Justice (“DOJ”) also enforces the Americans with Disabilities Act (“ADA”). The DOJ can be reached at 1-800-514-0301; www.ada.gov.
An individual with a disability (“IWD”) believing he or she has been discriminated against, for reason of disability, in public employment, public programs or services and public accommodation, may elect to file a formal, internal, complaint with the City’s EEO/ADA Office, within thirty (30) business days of the alleged discriminatory event, in accordance with the City’s five (5) step complaint process as outlined below and on the City’s Discrimination Complaint Form. Alternatively, an IWD may file a formal, external, complaint of disability discrimination, with the DOJ or DOT, within 180 days of the alleged discriminatory event.
For unlawful housing discrimination, under the Fair Housing Act, contact the City’s Community Development Department at “Housing & Family Services at 575-528-3022 or firstname.lastname@example.org.”
City EO/ADA Complaint (Grievance) Resolution Process
The City’s Complaint/Grievance Resolution Process is established to facilitate the resolution of formal complaints of discrimination and comply with federal and state nondiscrimination requirements. It is available to complainants otherwise unable to resolve their issues. The City discrimination complaint resolution process is outlined, as well, on the City Discrimination Complaint Form. It requires the following:
- Filing of a formal (written) complaint, with the City’s EO-ADA Office, within thirty (30) days of the most recent event, term or condition of alleged unlawful discrimination.
- Investigation of the complaint is to begin within five (5) days, following the complaint filing.
- Within forty-five (45) days, the EEO-ADA Coordinator, or designee, shall forward a report to the City Attorney.
- The City Attorney, or designee, has fourteen (14) days to issue a determination to the City Manager.
- Thereafter, as may be necessary, the City Manager, or designee, shall review the determination and or report, for appropriate action. If necessary, such action may include forwarding the determination to the appropriate City Department Director.
All complainants are free to file formal complaints of discrimination with appropriate federal or state agencies, prior to, during and following the City’s processing of the complaint. In the event the complainant files with the appropriate federal or state agency, the City may elect to cease its internal processing of the complaint.