|
<br />Board Policy No. 26
<br />Discrimination Complaint Procedures
<br />
<br />Page 1 of 5
<br />Summary
<br />
<br />This policy is intended to establish a procedure under which complaints alleging discrimination in
<br />North County Transit District’s (NCTD) provision of services or NCTD activities can be made by
<br />persons who are not employees of NCTD.
<br />
<br />Background
<br />
<br />It is NCTD’s policy to comply with state and federal laws and regulations including the Americans
<br />with Disabilities Act of 1990 (ADA), Title VI of the Civil Rights Act of 1964 (Title VI), 49 CFR Part
<br />21, California Code § 51 (Unruh Civil Rights Act), California Code § 11135, California Government
<br />Code § 12960(d), and other federal and state discrimination laws.
<br />
<br />NCTD prohibits discrimination by its employees, contractors, and consultants. The responsibility
<br />for the implementation of the discrimination complaint procedures is assigned to NCTD’s Civil
<br />Rights Officer. It is NCTD’s policy to prohibit discrimination by its employees (including
<br />supervisors and managers), contractors, and consultants on the basis of race, color, national
<br />origin, religion, religious creed (including religious dress and grooming practices), gender, sex
<br />(including pregnancy, childbirth, breastfeeding, and medical conditions related to pregnancy,
<br />childbirth, and breastfeeding), sexual orientation, gender identity and/or expression, age (40 and
<br />over), marital status/domestic partner status, ancestry, physical or mental disability, medical
<br />condition, genetic information and characteristics, primary language, immigration status, military
<br />/veteran status, or any other protected characteristic protected by federal, state, or local law.
<br />Persons who believe they have been subjected to discrimination or have been denied access to
<br />services or accommodations required by law, have the right to use this grievance procedure.
<br />
<br />In order to comply with 49 CFR Part 21, NCTD, as a recipient of Federal Transit Administration
<br />(FTA) funding, is required to develop procedures for investigating and tracking Title VI complaints
<br />and to make the procedures for filing a complaint available to members of the public upon request.
<br />This policy contains the procedures that members of the public should follow in order to request
<br />additional information regarding NCTD’s nondiscrimination obligations or file a discrimination
<br />complaint against NCTD.
<br />
<br />Applicability
<br />
<br />This complaint procedure is applicable to all persons who are not applicants or employees of
<br />NCTD. This includes, but is not limited to, visitors to NCTD; members of the public; Board,
<br />committee and working group members; vendors; or any other persons transacting business with
<br />NCTD or using NCTD’s services who believe that they have been subjected to discrimination by
<br />NCTD employees, contractors, or consultants. In general, the complaint procedure is designed
<br />to address disputes concerning the following:
<br />
<br />1. Disagreements regarding a requested service, accommodation, or modification of a NCTD
<br />practice or requirement;
<br />2. Inaccessibility of a program, publication, or activity;
<br />3. Harassment or discrimination based on membership in a protected category under state
<br />or federal law;
|