State ADA Plan

Kentucky state government is committed to the full implementation of the Americans with Disabilities Act (ADA). It is the policy of the Commonwealth to maximize the full inclusion and integration of people with disabilities in all aspects of employment and all programs, services and activities.

As stated in the Commonwealth of Kentucky Employee Handbook:

Discrimination Prohibited:  Employees with disabilities who are otherwise qualified may not be discriminated against in any areas of employment including, but not limited to, job application and compensation procedures, fringe benefits available by virtue of employment and activities sponsored by the state.

Limiting, Segregating, and Classifying:  Employees with disabilities shall not be limited, segregated, or classified in a way that adversely affects their employment opportunities or status.

Contractual or Other Arrangements:  The Commonwealth will not participate in contractual or other arrangements or relationships that would subject qualified employees with disabilities to the discrimination prohibited by the ADA.

Reasonable Accommodations:  The Commonwealth will make reasonable accommodation to the known physical or mental limitations of an otherwise qualified employee with a disability, unless it can be shown that the accommodation would impose an undue hardship on the agency. After a qualified employee requests reasonable accommodation, an agency will make every reasonable effort to find out what is needed and provide the appropriate accommodations.  This is to be an interactive process with the agency consulting with the employee with a disability.

If anyone feels that they have been discriminated against or threatened in any of the areas listed above while exercising his or her rights under the Americans with Disabilities Act, the occurrence(s) should immediately be reported to the agency ADA Coordinator or the State Government ADA Coordinator. 

Retaliation and Coercion:  The Commonwealth will not coerce, intimidate, threaten, harass, or interfere with any individual exercising or enjoying his or her rights under the ADA, or because that individual aided or encouraged any other individual in the exercise of rights granted or protected by the ADA.  Employees who believe they have been adversely impacted in violation of this policy may file a complaint as set forth in the Grievance Process section of the Employee Handbook.  Please direct any questions or concerns to your agency ADA Coordinator or to the State Government ADA Coordinator.  

The ADA Coordinator's role for each agency includes:

• Planning and coordinating overall compliance efforts;
• Ensuring that the five action steps (specified below) are achieved; and
• Receiving and coordinating investigations for grievances on programs, services, practices, and employment.

The five (5) action steps mentioned above are as follows:

Step One:  Designate a Responsible Employee to be the Americans with Disabilities Act Coordinator

Each agency within the Executive Branch has their own designated ADA Coordinator. The address, telephone/fax number, and email address for the ADA Coordinator in each Executive Branch Agency may be found at the following web page: https://personnel.ky.gov/DHRA/execperspayconslist.pdf. The State Government ADA Coordinator's role is to relay an employee's ADA concern to the employee's respective employing agency.

Step Two:  Provide Notice of ADA Requirements

Notice of ADA:  The ADA Notice (below)  must be placed on bulletin boards in agency facilities so that consumers understand their rights to reasonable accommodations in order to receive services from state government.  Employees can also find helpful information regarding ADA rights on the "EEO is the Law" poster, which employers are required to post in the workplace, as well as in the Employee Handbook, which is provided to employees during orientation (see specifically the "Americans with Disabilities Act" section).

State agencies advertise their vacant positions in different media.  It is each agency's individual responsibility to insure their job postings comply with the ADA.

Step Three:  Establish a Grievance Procedure

Grievance Procedure for Employees:  Agency ADA Coordinators must post the grievance procedure (below) on bulletin boards in all agency facilities. Additional information for employees is located in the "Grievance Process" section of the Employee Handbook, which is provided to employees during orientation.

Grievance Procedure for Consumers:  Agency ADA coordinators must post the attached grievance procedure (below) on bulletin boards in all agency facilities.  The procedure provides consumers with applicable ADA information, to include agency contacts.

Step Four:  Conduct a Self-Evaluation

Under Title II regulations of the ADA, an agency is responsible for periodically updating and modifying its policies, practices, procedures, and subsequent recommendations to correct these policies and practices, so they are consistent with Title II requirements through a Self-Evaluation and Transition Plan (discussed below).  A Self-Evaluation should:

      a.  Identify any policies or practices that do not comply with Title II requirements;

      b.  Modify policies and practices to bring them into compliance; and

      c.  Identify physical barriers that prohibit accessibility of buildings, programs, and services.

Step Five:  Develop a Transition Plan

After self-identification of physical barriers in an agency's facilities, a transition plan outlines methods to ensure that all programs, activities, and services are fully accessible to individuals with disabilities. 

       a.   Each state agency shall compile a list of all facilities owned or leased by the agency in which programs are operated;  and

       b.   Each agency shall record information about each facility to be used in planning and prioritizing modifications. 

The information should, at a minimum, consist of the following information:

• A list of physical barriers in the agency's facilities that limit accessibility of individuals with disabilities (the self-evaluation);
• A detailed description of the methods to remove these barriers and make the facilities accessible;
• A schedule for taking the necessary steps; and
• The name of the official responsible for implementation.

A copy of the transition plan will be maintained by the agency ADA Coordinator. The ADA Coordinator will also submit a copy of the plan with procedures to the State Government ADA Coordinator.