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Purpose

Sedgwick County is committed to ensuring compliance with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, Title IX of the Education Amendments of 1972, and U.S. Department of Homeland Security regulation 6 C.F.R. Part 19, and all other applicable state and federal laws and regulations. A complaint may be filed by any individual who believes they have been subjected to discrimination based on race, color, national origin (including language), disability, age, sex, or religion while seeking services or programs from Sedgwick County.  Individuals with disabilities may request a reasonable modification/accommodation from Sedgwick County to support their equal opportunity to participate in our programs, activities, and services.

Scope

The policy applies to all Sedgwick County Divisions/Departments and Elected/Appointed Offices, with the exception of the District Attorney's Office and Sheriff's Office.

Policy Statement

Sedgwick County does not discriminate in the delivery of services or programs, on the basis of race, color, sex, including pregnancy, gender identity and sexual orientation, age, national origin, ancestry or citizenship, marital status, religious or political affiliation, genetic information, disability, status as a member of the uniformed services, opposition to prohibited discrimination, participation in a discrimination complaint process, or other categories specifically protected by Kansas and federal law.

Sedgwick County will adhere to all applicable federal and state laws, regulations, and guidelines with respect to providing reasonable modification/accommodation(s), as necessary, to afford equal access to programs, activities, and services. In addition to what is in this policy, the County’s reasonable accommodation process is also outlined in Policy 4.311 Reasonable Accommodations under the Americans with Disabilities and Pregnant Workers Fairness Acts, posted on the County website at https://www.sedgwickcounty.org/media/68095/4311-reasonable-accommodations-under-the-americans-with-disabilities-and-pregnant-workers-fairness-acts.pdf.

Definitions

  1. Compliance Officer – An employee designated by the Chief Human Resources Officer (CHRO) to investigate a complaint of discrimination by a member of the community.
  2. Disability – A physical or mental impairment that substantially limits one or more major life activities and/or major bodily functions of the individual, having a record of such an impairment, or being regarded as having such an impairment.
  3. Reasonable Modification/Accommodation – A change or modification/accommodation to afford a qualified individual with a disability full enjoyment of programs or activities, unless modifications of policies, practices, and procedures would fundamentally alter the nature of the program, service, or activity or result in undue financial and administrative burden.

Procedures

Requesting a Reasonable Modification/Accommodation

  1. Individuals with a disability who are seeking a reasonable modification/accommodation to access a building or facility owned or leased by Sedgwick County or to receive County-based services or programs should submit their request to:
    Sedgwick County Division of Human Resources
    ATTN: FMLA/ADA Specialist
    100 N Broadway Suite 130
    Wichita Ks 67202
    (316)-660-7056
    Fax (316) 941-5132
    ADA Information Line: (800) 514-0301 • (800) 514-0383 TTY/TDD
    fmla@sedgwick.gov
  2. Requests will be reviewed within five (5) business days of receipt. The FMLA/ADA Specialist will notify the necessary Division/Department or Elected/Appointed Office and the County Counselor’s Office. If the request cannot be provided immediately, the Division/Department or Elected/Appointed Office will determine an interim modification. The interim modification will be provided within ten (10) business days of receipt in writing, either via the requestor’s mailing address or by email, depending on their preference.
  3. Identifiable information related to the reasonable modification process will be secured in accordance with all Information Technology and Human Resources policies and procedures and only shared on a need to know basis.
  4. Once established, the reasonable modification will remain in place unless the requestor notifies the FMLA/ADA Specialist of a need to end the reasonable modification or there is a change in facility, location, or provision of service. In that occurrence, the County will reengage the requestor in the reasonable modification process.
  5. Sedgwick County provides auxiliary aids and services, when reasonable and appropriate, to ensure effective communication and access to programs, services, and activities. Requestors will not be charged for the cost of any approved auxiliary aid or service provided by the County.
  6. A person with Limited English Proficiency (LEP) seeking a reasonable modification/accommodation, including those in need of sign language interpretation, may request communication in their language in person, by phone, fax, email, or in writing directly from the ADA/FMLA Specialist. Locations for all public departments and offices are listed on their individual pages on the County website at sedgwickcounty.org.
  7. The FMLA/ADA Specialist, Division/Department or Elected/Appointed Office will determine which technique (written, oral interpreter, or sign language) is most relevant to meet the requestor’s needs. A language card or checklist may be used to determine the language required and the appropriate vendor to contact for assistance.

Accepting and Responding to Complaints

  1. Under this policy, the incident of complaint must have occurred within a Sedgwick County facility or for incidents occurring off-premises between an employee(s) of Sedgwick County and a member of the public while the employee was on duty and representing Sedgwick County. All complaints must be filed in writing no later than 180 days after the date of the alleged discrimination.
  2. Complaints regarding the reasonable modification process may be submitted using the Accessibility Complaint Form on the Sedgwick County website at https://www.sedgwickcounty.org/human-resources/ada/accessibility-complaint-form/.
  3. All other complaints must be filed using the Discrimination Complaint Form on the Sedgwick County website at https://www.sedgwickcounty.org/policies-and-disclaimers/discrimination-complaint-form/. Directions are provided on the Notice of Non-discrimination page of the Sedgwick County website and in County facilities in areas accessible to the public. The form will collect the following information:
    • Name of the Complainant;
    • Contact information of the Complainant;
    • Description of the incident of discrimination, including exact date, location, and estimated time;
    • Names of witnesses or individuals who can support their allegation and;
    • Contact information of any witnesses.
  4. The Discrimination Complaint Form will be reviewed by the Chief Human Resources Officer (CHRO) or designee within five (5) business days of receipt. They will determine the appropriate party to serve as the Compliance Officer.
    • If Policy 4.506 Workplace Discrimination applies to the complaint, it will be reviewed per the policy's procedures. A Human Resources employee will serve as the Compliance Officer.
    • If Policy 4.506 does not apply to the complaint, the CHRO will provide the complaint to the Division/Department Head or Elected/Appointed Official whose personnel is the subject of the complaint to serve as or designate a Compliance Officer and review under procedures outlined in this policy.
    • If the Division/Department Head or Elected/Appointed Official is the subject of the complaint, the CHRO will designate a Compliance Officer who will review it per the procedures outlined in this policy.
    • If the CHRO determines that there may be a conflict of interest, they may appoint a Compliance Officer from another Division/Department or Elected/Appointed Office.
  5. Within five (5) business days of receiving the complaint, the Compliance Officer will contact the Complainant and schedule a meeting to review.
  6. The Compliance Officer will contact any witnesses provided by the Complainant to gather additional information.
  7. After gathering all relevant information, the compliance officer will meet with the employee or representative of the Division/Department or Elected/Appointed Office that is the subject of the complaint. They will review the information provided and give the employee/representative time to respond.
  8. After the review, the Compliance Officer will draft a report and provide it to the County Counselor's Office for review.
  9. The County Manager and CHRO will receive a final version of the report outlining the findings and whether the complaint of discrimination has been substantiated.
  10. If substantiated, the County Manager, CHRO, and Division/Department Head or Elected/Appointed Official will determine the appropriate corrective action in accordance with Policy 4.501 Progressive Discipline.
  11. The Compliance Officer will notify the Complainant in writing of the review's result within ten (10) business days of the investigation's conclusion.
  12. Sedgwick County staff are prohibited from retaliating against complainants, witnesses, respondents, or other employees who conducted or assisted with the investigation. 

Referring Complaints

  1. Complaints involving discrimination may also be filed with the following:
    Office of Justice Programs
    Office for Civil Rights
    810 7th St NW
    Washington, DC 20531
    (202) 307-2027
    Fax (202) 616-9865
    Or
    Kansas Governor's Grants Program
    Civil Rights Liaison
    900 SW Jackson St
    Landon State Office Building, Room 304 North
    Topeka, KS 66612
    Or
    U.S. Department of Homeland Security Office for Civil Rights and Civil Liberties
    ATTN: Antidiscrimination Group
    Mail Stop #0190
    2707 Martin Luther King Jr Ave SE
    Washington D.C., 20528
    CRCLCompliance@hq.dhs.gov
    The subject for the email should be ATTN: Antidiscrimination Group
    Fax (202) 401-4708
  2. If the Complainant files a complaint regarding the same incident with another agency, not limited to those included above, they must inform Sedgwick County. Sedgwick County will coordinate with the agency accordingly.

The Sedgwick County Non-Discrimination Policy is posted on the Sedgwick County website at https://www.sedgwickcounty.org/policies-and-disclaimers/non-discrimination/, at points of public entrance, and other general access areas of Sedgwick County buildings, as applicable. Notification of assistance made available to individuals with LEP is also available on the website at https://www.sedgwickcounty.org/policies-and-disclaimers/language-access-plan/.