Filing ADA complaints for Massport Facilities

Grievance or Complaint Procedures Under the Americans with Disabilities Act (ADA)

The Americans with Disabilities Act (ADA) protects individuals from discrimination on the basis of disability in the services, activities, programs, benefits, and/or facilities of the Massachusetts Port Authority (Massport).This Grievance Procedure is established to meet the requirements of the ADA, and to provide a process to ensure better service to all customers using Massport facilities. 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, benefits, or facilities of Massport, its tenants, or service providers. Massport’s HR Policies and Procedures Manual governs employment-related complaints of disability discrimination.

The complaint should be in writing and contain information about the alleged discrimination, including name, address, and phone number of Complainant, date, and description of the problem. To file your grievance, you may use the Web-based ADA Complaint Form located at the bottom of this page. Alternate 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. A separate ADA Complaint Form should be filed for each alleged act of discrimination.

The complaint should be submitted by the Complainant, or his/her designee, as soon as possible but no later than sixty (60) days after the alleged violation to:

Cindy Montoya
Workforce Diversity Program Administrator / ADA Coordinator
Massachusetts Port Authority
Office of Diversity & Inclusion/Compliance
One Harborside Drive, Suite 200S
East Boston, MA 02128-2909

The ADA Coordinator may also be reached by telephone at 617-568-3905 or TTY 617-568-7411, by fax at 617-568-3121, or by email at CMontoya@massport.com.

Complaint Procedure

Within five (5) calendar days of receipt of the complaint, a letter acknowledging receipt of the complaint will be transmitted to the Complainant by the ADA Coordinator. The ADA Coordinator will work with appropriate Massport personnel to investigate the complaint for resolution. Within fifteen (15) calendar days after receipt of the complaint, the ADA Coordinator will contact or meet with the Complainant to discuss the complaint and the possible resolution.

NOTE: If the Complainant needs access assistance, such as a sign language interpreter, or needs alternate means to file a complaint, such as a personal interview or by tape recording, please contact Massport’s ADA Coordinator at 617-568-3905 or 617-568-7411 (TTY) or at CMontoya@massport.com. Please be advised that the ADA Coordinator may need a minimum of one (1) week’s notice to accommodate such a request.

Tenant and Service Providers

If Massport’s ADA Coordinator finds that an alleged violation involves a tenant or service provider’s service, activity, program, benefit, or facility, the ADA Coordinator will notify the appropriate representative of the tenant or service provider, and Massport’s Legal Department, of the complaint. The ADA Coordinator will notify the Complainant that the matter is being investigated by the tenant or service provider, and will provide the Complainant with the name, address and telephone number of the tenant or service provider representative. Massport’s ADA Coordinator will request that the tenant or service provider investigate the allegation set forth in the complaint and coordinate the investigation results and resolution with Massport’s ADA Coordinator. The ADA Coordinator will coordinate the transmittal of the response with the tenant or service provider. The ADA Coordinator will inform Massport’s Legal Department and/or other appropriate Massport Departments of the investigation and resolution.

Resolution of Complaint

The ADA Coordinator will attempt to resolve complaints within thirty (30) calendar days unless the factual investigation or complexity of the complaint necessitates additional resolution time. Unless additional time is required, within fifteen (15) calendar days after communicating with the Complainant, the ADA Coordinator shall notify the Complainant in writing or, when requested, in an alternate format, of the results of the investigation and options for substantive resolution of the complaint. The response will generally contain the following information:

A description of the complaint
A summary of the facts
An explanation of Massport’s position
A summary of the resolution option(s)
The timeframe for resolving the complaint, if applicable

If the complaint is not resolved to the Complainant’s satisfaction, Complainant may request a further review of the complaint with Massport Legal’s Department. Complainant must file this request for further review, in writing, with Massport’s Legal Department within fifteen (15) calendar days after receipt of the response from the ADA Coordinator. Complainant must send a copy of the original complaint, the ADA Coordinator’s response, and a description of the Complainant’s concerns or objections to Massport’s Legal Department, at One Harborside Drive, Suite 200S, East Boston, MA 02128-2909, attention: Chief Legal Counsel.

Within fifteen (15) calendar days after receipt of the appeal, Chief Legal Counsel, or his/her designee, will contact or meet with the Complainant to discuss the complaint and the possible resolution. Within fifteen (15) days of communicating with the Complainant, Chief Legal Counsel, 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.

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