Non-Discrimination Policy and Complaint Procedure

It is BAAQMD's policy to provide fair and equal access to the benefits of a program or activity administered by BAAQMD. BAAQMD will not tolerate discrimination, intimidation, or retaliation against any person(s) seeking to participate in, or receive the benefits of, any program or activity offered or conducted by BAAQMD. Members of the public who believe they or others were unlawfully denied full and equal access to a BAAQMD program or activity may file a discrimination complaint with BAAQMD under this policy. This non-discrimination policy also applies to other people or entities affiliated with BAAQMD, including contractors or grantees that BAAQMD utilizes to provide benefits and services to members of the public.

Auxiliary aids and services including, for example, qualified interpreters and/or listening devices, to individuals who are deaf or hard of hearing, and to other individuals as necessary to ensure effective communication or an equal opportunity to participate fully in the benefits, activities, programs, and services will be provided by the BAAQMD in a timely manner and in such a way as to protect the privacy and independence of the individual. Please contact the Non-Discrimination Coordinator identified below at least three days in advance of a meeting so that arrangements can be made accordingly.

If you believe you have been discriminated against with respect to a BAAQMD program or activity, you may contact the Non-Discrimination Coordinator identified below and read further to learn how and where to file a complaint of discrimination.

Definitions

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

Discrimination: The unlawful denial of fair and equal access to a program or activity offered, conducted or administered by BAAQMD based on a protected class. "Denial of Fair and Equal Access" includes:

1. The denial of any program benefit,
2. Providing a different level of benefits than provided to other program users,
3. Restricting the benefit or advantage of any program in a manner dissimilar to restrictions placed on others program users without a protected characteristic.
4. Subjecting a person to segregation or separate treatment in any way related to receiving the benefits of the program,
5. 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
6. Using criteria or methods of administering its program that has the effect of discriminating against a user, or potential user, of the program offered by BAAQMD.

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.

Intimidation: The act or process of attempting to force or deter an action by inducing fear.

Retaliation: An intentional act in response to a protected action.

Responsibility

BAAQMD’s Executive Officer will have final authority and responsibility for compliance with this policy.

Suma Peesapati,  Environmental Justice and Community Engagement Officer, is responsible for coordination of compliance efforts and receipt of inquiries concerning non-discrimination requirements implemented by 40 C.F.R. Parts 5 and 7 (Non-discrimination in Programs or Activities Receiving Federal Assistance from the Environmental Protection Agency), including Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act of 1975; Title IX of the Education Amendments of 1972; and Section 13 of the Federal Water Pollution Control Act Amendments of 1972 (hereinafter referred to collectively as the federal non-discrimination laws). The Non-Discrimination Coordinator will also ensure that BAAQMD 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.

Grievance Procedures to Process Discrimination Complaints 

BAAQMD does not discriminate on the basis of race, color, national origin, disability, age, or sex in the administration of BAAQMD’s programs or activities, and BAAQMD does not intimidate or retaliate against any individual or group because they have exercised a right to participate in actions protected by or opposed actions prohibited by 40 C.F.R. Parts 5 and 7, or for the purpose of interfering with such rights. 

This grievance procedure is established so that any member of the public who believes that they or a specific class of persons has, on the basis of any protected class, been excluded from or denied the benefits and/or services of BAAQMD, been subjected to discrimination under any program or activity of BAAQMD, or been subjected to intimidation or retaliation because they have exercised a right to participate in actions protected by or opposed actions prohibited by 40 C.F.R. Parts 5 and 7, or for the purpose of interfering with such rights may file a complaint with BAAQMD’s Non-Discrimination Coordinator by following the outline below. 

In addition, BAAQMD’s Non-Discrimination Coordinator may, on their own initiative, undertake compliance reviews to investigate BAAQMD’s compliance with Title VI of the Civil Rights Act of 1964, with Cal. Gov. Code §11135, and with other federal and state civil rights laws in the absence of a complaint on a periodic basis.

BAAQMD will promptly and fairly resolve all complaints filed under this grievance procedure. BAAQMD is prohibited from retaliating against or intimidating any member of the public who files a complaint under this grievance procedure and any retaliation or intimidation will be handled promptly. 

BAAQMD’s Grievance Procedure

Submittal of Complaint:

The complaint shall be in writing and contain information about the complainant and the alleged discrimination such as: 

1. The name, address, and telephone number of complainant; 
2. The name of the BAAQMD department and/or employee(s) against whom the complaint is filed; 
3. The location, date, and description of the alleged violation; and
4. The signature of the complainant or their designee. 

Please see the Discrimination Complaint Form(250 Kb PDF, 2 pgs, posted 7/30/2024)( Tagalog | tiếng Việt | Español | 中文 ) at the end of this Procedure for additional information. 

If the complainant is unable to submit the complaint in writing, they may call the Non-Discrimination Coordinator at the number below to submit a verbal complaint. 

The complaint must be submitted by the complainant or their designee as soon as possible but no later than 180 calendar days after the alleged violation to: 

If a complaint is submitted directly to a BAAQMD department, office, or staff member, the BAAQMD department, office, or staff member shall forward the complaint to Non-Discrimination Coordinator within 5 calendar days.

Determination if Complaint Warrants Further Investigation:

Within 30 calendar days after receipt of the complaint: 

1. The Non-Discrimination Coordinator, or their designee, will timely make a determination of whether BAAQMD has jurisdiction over the complaint and if the complaint contains sufficient merit to warrant further investigation, and send the complainant an acknowledgement letter informing them whether the complaint will be investigated; 
2. If the Non-Discrimination Coordinator, or their designee, finds jurisdiction and sufficient merit to warrant further investigation, they will notify the BAAQMD department that is the subject of the complaint and request a response to the complaint and will begin an investigation. 

A complaint shall warrant further investigation unless:

• It clearly appears on its face to be frivolous or trivial;
• Within the time allotted for making the determination of jurisdiction and investigative merit, BAAQMD reaches an agreed resolution with the complainant;
• Within the time allotted for making the determination of jurisdiction and investigative merit, the complainant withdraws the complaint; or
• The complaint was not submitted within 180 calendar days after the alleged violation.

If it is determined that further investigation is not warranted, the reason for such determination shall be communicated to the complainant in the acknowledgement letter. 

Further Investigation of the Complaint:

If BAAQMD determines the complaint submittal warrants further investigation, BAAQMD shall review the alleged facts to determine the course of the investigation. The investigation may include interviews of the complainant, BAAQMD employees, contractors, subcontractors, subgrantees, and witnesses to the alleged discrimination, as well as review of any physical or written evidence. Relevant BAAQMD employees shall make themselves available as necessary.   

An appropriate, prompt, and impartial investigation of any allegations filed under state and federal non-discrimination statutes will be conducted. A preponderance of the evidence standard will be applied during the analysis of the complaint.

The Non-Discrimination Coordinator may attempt to conciliate and resolve the complaint through a mutually agreeable solution. Any such informal resolution must be signed by both BAAQMD and the complainant. 

Absent extenuating circumstances, the Non-Discrimination Coordinator will complete their investigation and resolution efforts within 180 calendar days after beginning the investigation.

When the Non-Discrimination Coordinator, or their designee, determines that a violation has occurred and an informal resolution is not reached, the Non-Discrimination Coordinator shall make a recommendation to the Executive Officer, or their designee for remedial actions. The Executive Officer, or their designee will accept, revise, or reject the Non-Discrimination Coordinator’s recommendations and order the complained-of BAAQMD department to implement the accepted recommendations. The Non-Discrimination Coordinator will provide a written response to the complainant at the conclusion of the investigation. 

Absent extenuating circumstances, the Non-Discrimination Coordinator will provide a written response to the complaint within 30 calendar days of completing the investigation. The Non-Discrimination Coordinator will issue one of three letters:

1. A closure letter summarizing the allegations and stating that there was not a violation and that the case will be closed; or
2. A letter of resolution summarizing the allegations and describing the informal resolution mutually agreed to by the complainant and BAAQMD about which the complaint was submitted; or
3. A letter of finding (“LOF”) summarizing the allegations and the investigation of the alleged complaint and explaining any remedial action to be taken by BAAQMD.

Appeal:

If the response does not satisfactorily resolve the issue, the complainant may appeal the decision by writing to the Executive Officer within 10 calendar days after receipt of the response from the Non-Discrimination Coordinator. The request for appeal should explain any items the complainant feels were not addressed by the Non-Discrimination Coordinator. The Executive Officer will notify the complainant within 30 calendar days whether the request for appeal has been accepted or rejected. In cases where the Executive Officer agrees to reconsider the matter, the matter shall be returned the Non-Discrimination Coordinator to re-evaluate the complaint as set forth  above.

If at any time a delay is expected, the Non-Discrimination Coordinator will notify the complainant in writing of the reasons(s) for the delay and the expected date for a response.

The Non-Discrimination Coordinator shall maintain records of complaints received, informal resolutions, investigation findings, appeals, and appeal decisions. The Non-Discrimination Coordinator shall document actions taken to resolve each complaint, communicate complaint activity to the appropriate federal agency as required, and maintain copies of complaints and documentation of their resolution for a period of not less than two (2) years.

The Non-Discrimination Coordinator (through the Executive Officer) shall furnish a report to the BAAQMD Board of Directors at least annually regarding the number, nature, and status of complaints.

These procedures do not deny the right of the complainant to file a complaint with state or federal agencies, or to pursue litigation for complaints alleging discrimination, intimidation, or retaliation of any kind that is prohibited by law.

Confidentiality:

BAAQMD strives to protect the confidentiality of the complainant and all participants in the 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 this complaint and as required by law. If a remedial action results in employee discipline, the Non-Discrimination Coordinator may release information provided during the complaint process to appropriate BAAQMD personnel and outside parties, including independent investigators.    

Complaint Form:

To initiate a complaint, the complainant must complete BAAQMD’s Discrimination Complaint Form(250 Kb PDF, 2 pgs, posted 7/30/2024)( Tagalog | tiếng Việt | Español | 中文 ) and mail or email it to BAAQMD’s Non-Discrimination Coordinator at the address listed above. Complaints must be sent within the time-period discussed above. 

As set forth above, if the complainant is unable to submit the complaint in writing, they may call the Non-Discrimination Coordinator at the number above to submit a verbal complaint. 

Submission of a Discrimination Complaint to the Environmental Protection Agency

Any person may also file a discrimination complaint directly with the Environmental Protection Agency by submitting it to the Office of Civil Rights, U.S. Environmental Protection Agency, Mail Code 1201A, 1200 Pennsylvania Ave. NW, Washington, DC 20460.