Non-Discrimination Policy
A. Non-Discrimination Policy
Clean Air Council (herein “the Council”) does not discriminate on the basis of race, color, national origin (including limited English proficiency), sex, gender identity, sexual orientation, age, or disability. The Council also does not intimidate or retaliate against any individual or group because they have exercised rights protected by 40 C.F.R. Parts 5 and 7 or interfere with these rights.
If you have interacted with a Council staff member, program, or activity and believe that the Council or a staff member has violated the non-discrimination policy, you have the right to file a formal or informal grievance complaint.
B. What Counts As Discrimination?
Discrimination is the exclusion of someone from a program or activity because of their race, color, national origin, sex, gender identity, sexual orientation, age, or disability.
The following are examples of discrimination:
- Denying someone a service, aid, or benefit because of their gender;
- Prohibiting somebody from speaking at an event because of their race;
- Not allowing someone to participate in a Council program because of their national origin;
- Denying someone the opportunity to become a member based on their race;
- Any other actions prohibited by 40 C.F.R. 7.30 and 40 C.F.R. 7.35, and 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; Section 13 of the Federal Water Pollution Control Act Amendments of 1972; and Title VIII of the Civil Rights Act of 1968 (Fair Housing Act).
The following are not examples of discrimination:
- Programs that prioritize communities that experience a high pollution burden and that are particularly vulnerable to the health impacts of pollution;
- The prioritization of certain issues or facilities based on strategic or legal merits;
- The allocation of public speaking slots based on non-discriminatory criteria, such as geographic diversity or previous speaking time.
C. Retaliation and Intimidation
The Council and staff may not intimidate or retaliate against anyone who engages in or exercises rights protected by 40 C.F.R. parts 5 or 7. If you believe that you have been retaliated against or intimidated as a result of filing a grievance, then you may file an additional grievance complaint.
Grievance Procedure
If you believe Clean Air Council, a Council staff member, or a Council program or activity has violated the non-discrimination policy, you have the right to file a formal or informal grievance.
A. Formal Grievance Procedure
You may file a formal grievance within one year of an alleged discriminatory act. To file a formal grievance, you can email your complaint to the Council’s Non-Discrimination Coordinator, Deputy Director Kathryn Urbanowicz, at kurbanowicz@cleanair.org. Complaints should include a description of the issue, supporting documents, and the complainants’ contact information for follow-up and notification of investigation results. If you need any language or disability accommodations during the grievance procedure, you should indicate this in your initial communication to the Non-Discrimination Coordinator.
The Non-Discrimination Coordinator’s role is to lead an Investigation Committee to impartially investigate all complaints, determine whether a violation of the Council’s nondiscrimination policy occurred, and recommend actions to address any violations. No staff member directly implicated in a complaint will be permitted to take part in the grievance investigation or decision- making.
After receiving a grievance, the Non-Discrimination Coordinator will reach out to the complainant within five business days to set up a grievance meeting. At this meeting, the Investigation Committee will explain the investigation process, ask factual questions, and give the complainant a chance to orally present their complaint.
After the grievance meeting, the Investigation Committee will develop a complaint-specific investigation plan that identifies key individuals to interview, key materials to examine, and a target timeline. The Committee will promptly and fairly investigate the complaint and, within three months, 1 make findings and develop recommendations based on a preponderance of the evidence. Exceptions will be made for grievance complaints that require a more complex investigation or a longer time to develop adequate recommendations. If more than three months are required, the Non-Discrimination Coordinator will inform the complainant of the modified timeline. Recommendations will be sent to the Executive Director and Non-Discrimination Coordinator for implementation. The complainant will receive prompt written notice of the outcome of the investigation, including a description of the investigation process, whether discrimination was found, the Committee’s recommendations, and the resulting actions being taken by the Council.
If you are dissatisfied with the outcome of the investigation, you have the right to appeal to the Board of Directors. Appeals must be made within one month of notification of the outcome and are initiated by notifying the Non-Discrimination Coordinator.
B. Informal Grievance Procedure
If you do not wish to initiate a formal grievance process, you may also informally raise your concerns to the Council’s Non-Discrimination Coordinator, Deputy Director Kathryn Urbanowicz, at kurbanowicz@cleanair.org. For informal grievances, you would share your concerns with the Non- Discrimination Coordinator by email or through a phone conversation. Informal grievances do not automatically trigger a formal investigation. However, all informal grievances will result in internal conversations and an assessment of how the Council can best address the concerns raised by the grievance.
