CIVIL RIGHTS POLICY and NOTICE OF NON-DISCRIMINATION

POLICY STATEMENT & NOTICE OF NON-DISCRIMINATION
WE ACT for Environmental Justice (WE ACT) provides fair and equal access to the benefits of programs and activities WE ACT administers. WE ACT does not discriminate against any person(s) seeking to participate in, or receive the benefits of, any program or activity WE ACT offers or conducts. Nor does WE ACT retaliate against any persons filing complaints. Members of the public who believe they were unlawfully denied full and equal access to any WE ACT program or activity may file a nondiscrimination complaint with WE ACT under this policy. This non-discrimination policy also applies to people or entities, including contractors, subcontractors, or grantees that WE ACT utilizes to provide benefits and services to members of the public.

Questions regarding this policy should be directed to WE ACT’s Non-Discrimination Coordinator at shanell.reyes@weact.org. If you need this document in an alternate format (i.e., Braille, large print, etc.) or another language, please contact WE ACT’s Non-Discrimination Coordinator at shanell.reyes@weact.org.

DEFINITIONS
Complainant: Individual(s) or other interested parties filing a non-discrimination complaint under this policy.

Discrimination: The unlawful denial of fair and equal access to a program or activity WE ACT offers, conducts, or administers by based on a protected class. “Denial of Fair and Equal Access” includes:

a) The denial of any program benefit;
b) Providing a different level of benefits than provided to other program users;
c) Restricting the benefit or advantage of any program in a manner dissimilar to restrictions placed on other program users without a protected characteristic;
d) Subjecting a person to segregation or different treatment related to receiving the benefits of the program;
e) Denial to any person, or group of people, the opportunity to participate as a member of any planning or advisory body otherwise open to the public in some fashion; and
f) Using criteria or methods of administering its program with the effect of discriminating against a user, or potential user, of the program WE ACT offers.

Protected Class: A characteristic of a person which cannot be targeted for discrimination including race, national origin, ethnic group identification, ancestry, religion, age, sex, sexual orientation, gender identity, gender expression, color, genetic information, medical condition, or mental or physical disability.

RESPONSIBILITY
WE ACT’s Executive Director will have final authority and responsibility for compliance with this policy. WE ACT’s Non-Discrimination Coordinator, on behalf of the Executive Director, will coordinate this policy’s implementation within WE ACT, including work with WE ACT’s General Counsel, Director of Communications, and the staff and managers of programs or activities WE ACT offers. The Non-Discrimination Coordinator, Shanell Reyes, coordinates compliance efforts, receives inquiries concerning non-discrimination requirements, and ensures WE ACT is complying with state and federal reporting and record retention requirements, including those required by Code of Federal Regulations, title 40, section 7.10 et seq.

• 40 C.F.R. Parts 5 and 7, 42 U.S.C. 2000d to 2000d–7 and 6101 et seq.; 29 U.S.C. 794; 33 U.S.C. 1251nt. generally applies to Nondiscrimination in Programs or Activities Receiving Federal Assistance from the Environmental Protection Agency, including:
  • Title VI of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000d et seq., 40 C.F.R. Part 7. Under Title VI, OECRC has jurisdiction to investigate complaints alleging discrimination by applicants and recipients based on race, color, or national origin, including limited English proficiency.
  • Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. §§ 1681 et seq., 40 C.F.R. Part 5. Under Title IX, OECRC has jurisdiction to investigate complaints alleging discrimination on the basis of sex in any education program or activity receiving financial assistance from the EPA.
  • Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, 40 C.F.R. Part 7. Under Section 504, OECRC has jurisdiction to investigate complaints alleging discrimination on the basis of disability in a program or activity receiving financial assistance from the EPA.
  • Age Discrimination Act of 1975, 42 U.S.C. §§ 6101 et seq., 40 C.F.R. Part 7, Subpart F. Under the Age Discrimination Act, OECRC has jurisdiction to investigate complaints alleging discrimination based on age in a program or activity receiving financial assistance from the EPA. Accepted complaints of this nature are subject to mandatory referral for mediation to the Federal Mediation and Conciliation Service (FMCS) before investigation.
  • Section 13 of the Federal Water Pollution Control Act Amendments of 1972, Pub. L. 92-500 § 13, 86 Stat. 903 (codified as amended at 33 U.S.C. § 1251 et seq. (1972)), 40 C.F.R. Part 7. Under Section 13 of the Federal Water Pollution Control Act Amendments, OECRC has jurisdiction to investigate complaints alleging discrimination based on sex involving a program or activity receiving financial assistance under the Clean Water Act.

The Non-Discrimination Coordinator is responsible for coordinating the implementation of this policy across the organization; overseeing the grievance procedure to ensure timely and fair resolution of complaints, providing notices and information to complainants throughout the grievance process; ensuring compliance with federal civil rights laws and EPA nondiscrimination regulations; ensuring all parties are aware of their rights and responsibilities under this policy; tracking all complaints filed under federal non-discrimination laws and rules, including any patterns or systemic problems; conducting semiannual reviews of all formal and informal discrimination laws and/or other complaints to identify and address any patterns or systemic problems; providing training for staff to ensure that they are appropriately trained on non-discrimination and anti-retaliation policies and procedures, including the grievance process; and conducting periodic evaluations of the efficacy of efforts to provide services, aids, benefits, and participation in any of your programs or activities without regard to race, color, national origin, disability, age, sex or prior exercise of rights or opposition to actions protected under federal non-discrimination laws.

COMPLAINT PROCEDURE
A non-discrimination complaint may be filed against WE ACT or other people or entities affiliated with WE ACT, including contractors, subcontractors, or sub grantees that WE ACT utilizes to provide benefits and services to members of the public. The complainant must file a complaint within 180 days of the alleged discrimination to ensure a prompt and fair resolution. The complaint must provide ALL of the following in writing (please contact WE ACT’s Non-Discrimination Coordinator at shanell.reyes@weact.org regarding any accessibility issues with submitting this information):

a) The complainant’s current contact information, including telephone number and address. The complainant must inform WE ACT’s Non-Discrimination Coordinator of any changes to this information during WE ACT’s review process through resolution of the complaint with WE ACT;
b) A detailed description of the alleged act(s) the complainant believes is discriminatory. WE ACT’s Non-Discrimination Coordinator, or a person directed by the Non-Discrimination Coordinator, may need to follow up for additional information;
c) The protected class of the person, group, or people subjected to the alleged discrimination; and
d) The identity of the person or people who committed the alleged discriminatory act.

The Non-Discrimination Coordinator, or a person directed by the Non-Discrimination Coordinator, will conduct a prompt, fair, neutral, and thorough investigation into the allegations. WE ACT does not waive any statute of limitations that may apply as WE ACT works with the complainant to resolve the complaint. The complainant may wish to consult with an attorney to ensure any statutory time constraints necessary to pursue any legal remedies available to the complainant outside of WE ACT’s process for addressing complaints of discrimination are met.

The Non-Discrimination Coordinator may attempt to conciliate and resolve the complaint through a mutually agreeable solution. The focus of this informal resolution process should include improving agency procedures with the intent of preempting the need for future complaints. Upon informal resolution as contemplated here, the non-discrimination coordinator shall provide a letter of resolution summarizing the allegations and describing the informal resolution mutually agreed to by the complainant and the respondent. Such a letter of resolution shall result in GEFA’s closure of the complaint file. Any such informal resolution must be signed by both the Non-Discrimination Coordinator and the complainant.

The Non-Discrimination Coordinator may reach out for additional information to work towards informal resolution of the complaint through direct communication with the complainant or their representative. Informal resolution may include open dialogue, discussion using a staff member as an intermediary, or other process that results in an acceptable solution within ten (10) business days from the acceptance of the complaint. Any such informal resolution agreement must be signed by both the Non-Discrimination Coordinator and the complainant.

The investigation may include interviews of the complainant, employees, contractors, subcontractors, subgrantees, those named in the complaint, and witnesses to the alleged discrimination, as well as a review of any physical or written evidence. If more information is needed to resolve the case, the Non-Discrimination Coordinator may contact the complainant. The complainant has 30]days to send requested information to the investigator assigned to the case.

The Non-Discrimination Coordinator will review the facts presented and collected and reach a determination on the merits of the complaint based on a preponderance of the evidence. The Non-Discrimination Coordinator will inform the complainant in writing when WE ACT has reached a determination on the merits of the discrimination complaint. This will include the findings of the investigation, whether discrimination or retaliation was found, a summary of the investigation process, and any corrective actions that will be implemented (if applicable).

Where the complainant has articulated facts that do not appear discriminatory but warrants further review, the Non-Discrimination Coordinator, in their discretion, may forward the complaint to a party within WE ACT for action. The Non-Discrimination Coordinator will inform the complainant, either verbally or in writing, before facilitating the transfer.

The complainant may appeal the decision of the Non-Discrimination Coordinator by writing to the Peggy Shepard, Executive Director, WE ACT for Environmental Justice, 1854 Amsterdam Avenue, 2nd Floor, New York, NY 10031 or via email at peggy@weact.org within 15 calendar days of the date of the written decision. The Executive Director shall issue a written decision in response to the appeal no later than 30 calendar days after its filing. The complainant may also file a complaint with relevant federal agencies such as the Department of Justice or the Environmental Protection Agency.

CONFIDENTIALITY
WE ACT strives to protect the confidentiality of the complainant and all participants in the non-discrimination complaint process to the greatest extent possible and as authorized by law. The nature of this process does not permit absolute confidentiality. The Non-Discrimination Coordinator may release information as necessary to resolve the complaint. If a remedial action results in employee discipline, the Non-Discrimination Coordinator may release information provided during the complaint process to appropriate WE ACT personnel.

RETALIATION & INITIMIDATION PROHIBITED
WE ACT does not tolerate retaliation or intimidation against a complainant or a participant in the complaint process. Anyone who believes that they have been subject to retaliation in violation of this policy may file a complaint of retaliation with WE ACT following the procedures outlined in this policy. Any claims of intimidation or retaliation related to the complaint process will be handled promptly and fairly pursuant to the below procedure and in the same manner as other claims of discrimination.

COMPLAINT FORM
To initiate a complaint, the complainant may complete WE ACT’s Non-Discrimination Complaint Form (download the PDF here) and send it to WE ACT’s Non-Discrimination Coordinator within the time period described above. Send the complaint form to WE ACT’s Non-Discrimination Coordinator located at 1854 Amsterdam, 2nd Floor, New York, NY, 10031 or via email at shanell.reyes@weact.org.

ALTERNATE FORMATS
If you need this document in an alternate format (i.e., Braille, large print, etc.) or another language, please contact WE ACT’s Non-Discrimination Coordinator at shanell.reyes@weact.org.

PRIVACY POLICY
WE ACT for Environmental Justice is committed to protecting your privacy. Our Privacy Policy applies to the WE ACT website (weact.org) and governs data collection and usage by the organization. Click here to read our Privacy Policy.

REFERENCE
Code of Federal Regulations Title 40 section 7.10 et seq; Title VI of the Civil Rights of 1964; Section 13 of 1972 Amendments to the Federal Water Pollution Control Act; Section 504 of the Rehabilitation Act of 1973; Age Discrimination Act of 1975; Title IX of the Education Amendments of 1972.