Non-Discrimination Policy

I. Summary

The New York State Environmental Facilities Corporation (NYSEFC or the Corporation) is committed to ensuring that no person is excluded from participation in, denied the benefits of, or subjected to discrimination under any program, activity, or service the Corporation provides. NYSEFC incorporates into its operations the requirements of all applicable State and Federal laws and executive orders to prohibit any discriminatory practices, procedures, and policies. All administrators, managers, supervisors, and employees are directed to comply with these laws and orders; NYSEFC requires subrecipients of federal assistance to follow Title VI requirements through contract terms as well. A Title VI-related nondiscrimination policy is necessary because NYSEFC is a direct recipient and subrecipient of Federal financial assistance and distributes federal assistance to subrecipients for various programs. All recipients and subrecipients are required to comply with Title VI of the Civil Rights Act of 1964, as well as related federal nondiscrimination statutes and regulations. Throughout this policy, “Title VI” or “Title VI/nondiscrimination requirements” will refer to all related federal nondiscrimination authorities.

II. Policy

Title VI of the Civil Rights Act of 1964 is the overarching federal civil rights law that prohibits discrimination based on race, color, or national origin, in any program, service or activity that receives federal assistance. Specifically, Title VI assures that “No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefit of, or be otherwise subjected to discrimination under any program or activity receiving federal assistance.” Nondiscrimination prohibitions have been further broadened and supplemented by related federal statutes, regulations, and executive orders to include sex, age, disability, or limited-English proficiency; additionally, New York State laws and Executive Orders also inform NYSEFC’s practices and procedures. A list is available at Section IV, Related References.

As a recipient or subrecipient of federal assistance from agencies including The Department of The Interior (DOI) and the Environmental Protection Agency (EPA), whether issued directly or administered through state agencies including, for example, the New York State Department of Environmental Conservation or New York State Department of Health, this policy is issued in accordance with Federal Title VI regulations and related nondiscrimination authorities and explains how NYSEFC will comply with the Federal Title VI/nondiscrimination requirements to which it is subject. It is the policy of the Corporation to prevent and eliminate discrimination in all its operations and services as well as all aspects of employment. Under this policy, NYSEFC shall plan, develop, and implement its programs and activities so that no person is subjected to unlawful discrimination.

Subrecipients of Federal funds that flow through NYSEFC are also required to comply with Title VI/Nondiscrimination requirements.

This policy will be conspicuously placed on Corporation bulletin boards and websites and made available to all organizations and entities doing business with the Corporation. A copy shall also be provided to contractors and subrecipients.

A Nondiscrimination Coordinator has been appointed within NYSEFC to manage all Title VI Complaints. The Nondiscrimination Coordinator will receive and investigate complaints, communicate with the complainant, and maintain a record of all Title VI complaints received with any relevant investigation details. Records will be maintained in accordance with NYSEFC’s record retention schedules.

Any person who believes they have suffered from prohibited discrimination when accessing a program, service or activity of NYSEFC, may contact the Nondiscrimination Coordinator by submitting a Complaint Form (i) via email or (ii) by mailing a copy of the completed complaint form to the Nondiscrimination Coordinator.

  • Email: [email protected]
  • U.S. Mail: New York State Environmental Facilities Corporation, Attn: Nondiscrimination Coordinator, 625 Broadway, Albany, NY 12207-2997

A complaint may also be made directly to a federal or state agency from which NYSEFC received federal funds. Relevant contacts are:

III. Responsibility

NYSEFC will ensure compliance with Federal Title VI/Nondiscrimination requirements. All executives, administrators, managers, supervisors, and employees are directed to comply with these laws and orders, and ensure their activities align with this policy.

NYSEFC will protect personally identifiable information and other sensitive information from public disclosure in accordance with New York law.

NYSEFC will not restrict an individual in any way based on race, color, national origin, sex, age, disability, or limited English proficiency from the enjoyment of any advantage or privilege enjoyed by others receiving any service, financial aid, or other benefit under any of its programs, regardless of the funding source for the program. Individuals may not be subjected to criteria or methods of administration which cause adverse impact or have the effect of defeating or substantially impairing accomplishment of the objectives of the program, because of their protected class. NYSEFC will not tolerate intimidation, threats, coercion, or discrimination against any individual or group, either (1) for the purpose of interfering with any right or privilege guaranteed under law or regulations or (2) because the individual has filed a complaint or has testified, assisted, or participated in any way in an investigation, proceeding or hearing or has opposed any NYSEFC action or decision. NYSEFC will take reasonable measures to provide access to Corporation services to individuals with limited ability to speak, write, or understand English and/or to those with disabilities.

All employees must assist in the prevention and elimination of any nondiscrimination practices and are encouraged to report allegations of discrimination to the NYSEFC Nondiscrimination Coordinator for review and appropriate action.

The Nondiscrimination Coordinator will regularly review pertinent NYSEFC programs and activities to ensure compliance with Title VI requirements, provide technical assistance in the implementation of Title VI requirements, and identify areas for improvement. Programs and subrecipients will also be expected to self-monitor their programs and activities to help ensure nondiscrimination in accordance with their contract obligations.

Employment discrimination complaints are not covered by this policy.

IV. Procedure:

The following measures will ensure internal and external awareness of NYSEFC’s implementation of Title VI/nondiscrimination requirements:

A. Public Notice of the NYSEFC’s Nondiscrimination Program:

Public notice of NYSEFC’s Nondiscrimination Policy and Program will be prominently posted:

  1.  In NYSEFC’s office and internal website; and
  2. On NYSEFC’s public website.
B. Public Notice/Meeting Planning:
  1. The development and distribution of public notices and planning for public meetings or hearings regarding NYSEFC’s actions will consider the Limited English Proficiency (LEP) and disabled population density in the area most impacted by NYSEFC’s action or program.
  2. NYSEFC’s public notices will include the following text (the request period may be modified in the event the notice occurs less than 10 business days before the public meeting or hearing):

    NYSEFC will take reasonable measures to provide access to department services to individuals with limited ability to speak, write, or understand English and/or to those with disabilities. 
    Requests for language interpretation services or for disability accommodations must be made at least 10 business days in advance by contacting: 

    ADA Coordinator, NYS Environmental Facilities Corporation, 625 Broadway, Albany, NY 12207
    Phone: 518-402-8044
    Email: [email protected]
C. Complaint Procedures

If someone believes they have suffered from discrimination under a NYSEFC program, activity, service, or any entity receiving funding from the Corporation, they may contact the NYSEFC Nondiscrimination Coordinator for assistance or for information about filing a written complaint. The Nondiscrimination Coordinator may assist the NYSEFC staff and the complainant in reaching a resolution by coordinating contact between them, working with the Corporation to address the issue(s) raised, or supporting other means of resolution. If the parties resolve the issue(s) informally, EFC’s General Counsel will prepare a resolution agreement on behalf of the NYSEFC.

If the individual prefers to file a written complaint, the following steps will be followed:

  1. Within 180 days of the alleged discrimination, a complainant may submit a written complaint to the NYSEFC Nondiscrimination Coordinator or to an appropriate State or Federal agency, unless the time for filing is extended by the Nondiscrimination Coordinator for good cause.
  2. Complaints must include the complainant’s name, the nature of the complaint regarding NYSEFC’s program or action, the dates of the alleged discrimination, requested action, and contact information.
  3. The Nondiscrimination Coordinator will review the complaint and may solicit additional information from the complainant as needed. If additional information is requested and not received within 15 days, the case may be closed. The case may also be closed if the complainant no longer wishes to pursue their case.
  4. The Nondiscrimination Coordinator will keep a complaint log containing the name and address of the complainant, nature of the written complaint, date of written submission and results of the investigation.
  5. If the complaint is outside the jurisdiction of NYSEFC, the complainant will be notified of the name and contact information for the appropriate agency with jurisdiction, if known.
D. Complaint Processing

If the written complaint is within the jurisdiction of NYSEFC, it will be promptly investigated. NYSEFC’s goal is to address complaints within 60 days of receipt, though the time to carefully investigate complaints may be longer depending on the nature of the complaint and complexity of the issue(s).

E. Preliminary Inquiry

NYSEFC will conduct a preliminary inquiry to determine the need for further investigation.

  1. NYSEFC will notify the complainant in writing that a preliminary inquiry is underway to determine the need for further investigation.
  2. If the preliminary inquiry by NYSEFC indicates that an investigation is warranted, the complainant will be notified in writing and an interview will be scheduled.
  3. If the preliminary inquiry indicates an investigation is not warranted, the complainant will be notified in writing of the reasons why and factors considered and advised that the case will be closed.
  4. If the complainant wishes to appeal the decision, they have thirty (30) business days from the date of the closure letter to make the request and must include any reason(s) why such appeal should be granted.
F. Complaint Investigation
  1. Complaints warranting further investigation will be promptly processed and the preponderance of evidence standard will be applied to all complaint investigations. The results of the investigation will be provided to the NYSEFC General Counsel for review.
  2. The complainant will be notified in writing of the results of the investigation and what actions will be/have been taken in response and a timeline to request review. If the complainant wishes to appeal the decision, they have thirty (30) business days from the date of the closure letter to make the request and must include any reason(s) why such appeal should be granted.
  3. Records and investigative files will be kept for a minimum of ten years.

See NYSEFC’s Procedures for Filing and Processing a Complaint Alleging a Violation of Federal Nondiscrimination Laws for additional information about the steps of the complaint process and the NYSEFC Federal Civil Rights Violation Complaint Form.

V. Related References: 

Federal and State nondiscrimination laws are the cornerstones of the Department's strategy to ensure equal opportunity and fair and equitable programs and services to the public.

Federal Laws, Executive Orders, Title VI Implementing Regulations
  • Civil Rights Act of 1964 - Prevents discrimination in federally assisted programs; provides relief against discrimination in public accommodations; protects constitutional rights in public facilities and public education; enforces the constitutional right to vote. Title VI - Prohibits discrimination on the grounds of race, color or national origin in programs and activities receiving federal financial assistance.
  • Section 504 of the Rehabilitation Act of 1973 - Prohibits discrimination on the basis of physical or mental disability in every federally assisted program or activity in the country.
  • Age Discrimination Act of 1975 - Prohibits discrimination on the basis of age in programs or activities receiving federal financial assistance.
  • Civil Rights Restoration Act of 1987/1988 - Specifies that recipients of federal funds must comply with civil rights laws in all areas, not just in a particular program or activity that receives federal funding. It applies to all federal laws.
  • Americans with Disabilities Act (ADA) of 1990 – Federal law prohibiting discrimination against people with disabilities in employment, public access to services, transportation, public accommodations, and telecommunications services.
  • Title IX of the Education Amendments of 1972 (Title IX) – Prohibits sex (including pregnancy, sexual orientation, and gender identity) discrimination in any education program or activity receiving federal financial assistance.
  • Section 13 of the Federal Water Pollution Control Act Amendments of 1972 – Prohibits discrimination, exclusion from participation, or denial of benefits on the ground of sex under any program or activity receiving Federal financial assistance under the Federal Water Pollution Control Act Amendments of 1972, the Federal Water Pollution Control Act, or the Environmental Financing Act.
  • Executive Order No. 12898 – Requires Federal agencies to make achieving Environmental Justice (EJ) part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low-income populations.
  • Executive Order No. 13166 – Requires each Federal agency to examine the services it provides and to develop and to implement a system by which persons with limited English proficiency (LEP) can meaningfully access those services; and work to ensure that recipients of federal financial assistance provide meaningful access to their LEP applicants and beneficiaries.
  • 40 CFR Part 7 – Nondiscrimination in Programs or Activities Receiving Federal Assistance from the Environmental Protection Agency
  • 40 CFR Part 5 – Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Assistance
  • 43 CFR Part 17 – Nondiscrimination in Federally Assisted Programs of the Department of the Interior
New York State Laws
  • New York State Human Rights Law Article 15 (1945) - Guarantees nondiscrimination in the State of New York on the basis of race, creed, color, national origin, sex, marital status, age, disability and or sexual orientation.
  • New York State Law Article 15-A (1988) - An act to amend the executive law and the state Finance law, in relation to participation by minority group members and women with respect to state contracts.
  • New York State Law Article 17-B (2014) An Act to amend the executive law, in relation to expanding opportunities for service-disabled veteran-owned business enterprises.
  • Sexual Orientation Nondiscrimination Act (2003) - This Act amends the Executive Law to include sexual orientation.
New York State Executive Orders

On October 8, 2021, Governor Kathy Hochul issued Executive Order 6 that authorized the continuation of certain prior Executive Orders related to equal opportunity and nondiscrimination in all State programs, including the following:

  • Executive Order No. 17 (Governor Mario M. Cuomo, 1983) - Establishing State policy on private institutions which discriminate. Directs that State officials and employees shall not sponsor, organize, attend, or participate in any meeting or other activity, the purpose of which is related to State business, in any private establishment or facility that does not afford full membership rights and privileges to any person because of age, race, creed, color, national origin, sex, disability or marital status.
  • Executive Order No. 96 (Governor Mario M. Cuomo, 1987) - Promotes a New York State policy against age discrimination in the workplace. It requires that all employers within the Executive Branch of State government evaluate and examine their hiring and job retaining standards to ensure their compliance with the age discrimination law.
  • Executive Order No. 33 (Governor David A. Paterson, 2009) - Prohibiting discrimination in State employment on the basis of gender identity.
  • Executive Order Nos. 26 and 26.1 (Governor Andrew M. Cuomo, 2011, 2021) - Directs State agencies that provide direct public services to translate vital documents in the ten most common non-English languages spoken by individuals with limited-English proficiency in the State of New York, based on United States census data, and relevant to services offered by each of such agencies. Each of these agencies must provide interpretation services between the agency and an individual in his or her primary language with respect to the provision of services or benefits.
  • Executive Order No. 177 (Governor Andrew M. Cuomo, 2018) - Prohibiting State contracts with entities that support discrimination.
  • Executive Order No. 187 (Governor Andrew M. Cuomo, 2018) - Ensuring Diversity and Inclusion and Combating Harassment and Discrimination in the Workplace.