Nondiscrimination
The DEC does not discriminate on the basis of race, color, national origin, disability, age, or sex in administration of its programs or activities, and the DEC does not intimidate or retaliate against any individual or group because they have exercised their rights to participate in actions protected, or oppose action prohibited, by 40 CFR Part 5 and 40 CFR Part 7, or for the purpose of interfering with such rights.
The DEC's Nondiscrimination Coordinator is responsible for coordinating compliance efforts and receipt of inquiries concerning nondiscrimination requirements implemented by 40 CFR 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
- Age Discrimination Act of 1975
- Title IX of the Education Amendments of 1972
- Section 13 of the Federal Water Pollution Control Act Amendments of 1972 (hereinafter referred to collectively as the federal nondiscrimination laws)
Table of Contents
DEC Nondiscrimination Coordinator
- Alaska Department of Environmental Conservation
- ATTN: Mike Kruzinski, Nondiscrimination Coordinator
- 555 Cordova Street
- Anchorage, AK 99501
- dec.nd@alaska.gov
- 907-334-0884
For assistance or accommodation to access this policy, contact DEC's Nondiscrimination Coordinator at the address provided. If you believe that you have been discriminated against with respect to a DEC program or activity, also contact DEC's Nondiscrimination Coordinator or submit a complaint online.
Accessibility
DEC will provide reasonable language access services and/or disability services for documents at no charge. To request an accommodation, contact DEC's Nondiscrimination Coordinator at 907-334-0884 or dec.nd@alaska.gov.
Website Tools
Google provides a website translator to assist in reading our website in languages other than English. The DEC website has a translator option in the footer of every page.
Language Services
DEC is committed to assisting all residents of Alaska by complying with Title VI of the Civil Rights Act of 1964 and all related regulations and directives. We offer free translation services for people whose primary language is not English, which can include written translations in your preferred language or oral interpretation services.
Limited English Proficiency Plan
DEC strives to ensure full and meaningful access to our programs, services, and activities. DEC’s Nondiscrimination Coordinator is responsible for providing direction to ensure compliance with Title VI, including maintaining a Limited English Proficiency Plan and providing translation services and other accommodation services.
Request a Language Accommodation
We will make every effort to accommodate language assistance requests, including but not limited to:
- Document remediation and conversion
- Written or oral interpretive services
- Website accessibility
You can submit an accommodation request via mail or email to the Nondiscrimination Coordinator (address is listed at the top of this web page).
Submit a Complaint
If you believe you have been the object of unequal treatment or discrimination or been excluded from participation in or denied benefits of DEC programs, activities, or services on the grounds of race, color, national origin, disability, age, or sex, you may file a complaint with the DEC's Nondiscrimination Coordinator within 180 days from the date of the alleged discrimination. DEC will not retaliate against any individual who complains of discrimination or who participates in an investigation of discrimination.
Submit a complaint using our online form below or via mail or email to the Nondiscrimination Coordinator whose address is listed at the top of this web page.
Limited English Proficiency Plan
I. Introduction
The Alaska Department of Environmental Conservation (DEC) recognizes the importance of meaningful access for Alaska’s citizens. Language barriers can impede accurate communication and inhibit individuals with Limited English proficiency (LEP) from accessing programs or services.
This plan establishes guidelines to ensure essential communication with Alaska citizens and comply with Title VI of the Civil Rights Act of 1964 (Executive Order 13166 and 40 CFR 7).
II. LEP Plan
DEC will provide timely and meaningful access to DEC's programs and activities for individuals with limited English proficiency in the language they are most comfortable communicating. DEC's Nondiscrimination Coordinator will oversee implementation of the LEP plan and grievance procedures, provide training, and monitor its effectiveness (section 4).
III. Four-Factor Analysis
DEC will consider four factors when assessing language needs and determining steps to ensure access for LEP individuals.
- The number, or proportion, of LEP individuals likely to encounter a DEC program or service — This factor measures the number or percentage of LEP individuals that might encounter a DEC program or service. Appendix A provides demographic data. If at least 5% of a community speaks a language other than English, staff must continue working through the four factors to determine what, if any, language assistance services are needed.
- The frequency with which LEP individuals encounter a DEC program — This factor measures the frequency at which DEC staff has, or could possibly have, contact with LEP individuals. Encounters include office visits, telephone conversations, attendance at outreach events, website, social media, and public meetings. The factor also measures the frequency at which DEC might need to proactively share information with LEP individuals (without a direct request).
- The nature, importance, or impact of the program, activity, or service on peoples' lives — This factor measures the impact DEC's documents or services have on peoples' lives. When determining language assistance needs, DEC should consider how important certain information is on the health and well-being of an individual. For example, this information includes air quality advisories, water quality advisories, boil advisories, and public notices that will likely have a greater impact on an individual's well-being than marketing collateral or promotional material.
- The resources available to DEC for outreach and costs associated with that outreach — This factor compares the reasonable steps DEC must take under federal law to ensure meaningful access to programs, services, and activities by LEP individuals against the costs associated with doing that outreach. On a case-by-case basis, DEC staff will work with DEC's Nondiscrimination Coordinator to identify the most cost-effective means of delivering timely, accurate, and effective language services to LEP individuals.
IV. LEP Plan Implementation
Staff can take these steps to identify an LEP need, provide language assistance, and notify the public of LEP services.
- Identify LEP individuals who need language assistance — DEC will use any of the following measures to identify individuals who may need language assistance.
- Tracking LEP contact — DEC staff who regularly communicate with the public (e.g., front desk staff, public records request custodians, complaint response staff, social media manager, and webmaster) will document and track requests for language assistance received via meetings, telephone calls, and events. This information will be reported monthly to DEC's Nondiscrimination Coordinator.
- Language identification — DEC will offer US Census Bureau's "I Speak" cards at public counters, document the language assistance request in the tracking form, and refer the request to DEC's Nondiscrimination Coordinator.
- Identifying vital documents — Staff will use the vital document translation guidance to identify vital documents for translation in the languages "regularly encountered" in a specific community. The term "languages regularly encountered" means any language spoken by at least 5% of the population served by a particular agency program, service, or activity.
- Universal access goal — Each division is encouraged but not required to provide universal access to interpretation services even if the community served does not meet the 5% threshold.
- Language assistance measures — The language assistance options listed here include the most common and cost-effective methods. In cases where the information is important and technical, staff should use a professional translation service.
- Accommodation notices — DEC will ensure that print and electronic public meeting notices include instructions for requesting an accommodation and direct the public to DEC's language assistance web page.
- Opportunity to request a language assistance accommodation — DEC will include in the footer of all vital documents a notice informing the public of the opportunity to request an accommodation or translation service.
- Enlist bilingual volunteers — DEC will survey employees in each division and create a list of staff who are able and willing to translate documents. DEC's Nondiscrimination Coordinator will also educate employees about the existence of the multilingual employees in the agency. Senior managers can update individual position description forms to reflect this increased workload.
- Enlist community groups — DEC's Nondiscrimination Coordinator will reach out to tribes and community groups who might provide translation assistance.
- Language identification — DEC will provide US Census Bureau's "I Speak" cards at each reception desk.
- Language assistance technology — DEC will train staff to use translation apps during field work.
When an interpreter is needed, in-person or on the telephone, and DEC staff has exhausted the above options, contact DEC's Nondiscrimination Coordinator.
- Providing notice to LEP persons — DEC can notify LEP individuals of language and document assistance services in the following ways:
- Provide Language Identification Flashcards (“I Speak” cards), which allow an LEP individual to point to the language that the individual speaks.
- Include a statement on the agency's website indicating that language assistance is available.
- Include a statement on vital documents indicating that language assistance is available.
Vital documents — Documents are considered vital if they convey information critically affecting the ability of an individual to make decisions about their health or participation in a program. All vital documents will be translated or be made available for translation into "prominent language(s)" other than English, even if the non-English language spoken does not exceed 5% in community.
The term "prominent language(s)" means the non-English language most regularly encountered in a community. Staff, in coordination with DEC's Nondiscrimination Coordinator, will determine the appropriate language(s) by reviewing demographic and census data and identifying the most appropriate language(s).
Informal documents — For less formal documents such as marketing collateral, staff are encouraged to use cost-effective methods such as coordinating with bilingual staff or using community resources such as colleges and universities or local community groups.
- Training staff — DEC's Nondiscrimination Coordinator will host an annual training for staff to clarify obligations to provide meaningful access to information and services for LEP persons. Training topics can include:
- Understanding the Title VI LEP responsibilities
- What language assistance services DEC offers
- Specific procedures to follow when encountering an LEP person
- How to use the "I Speak…" multilanguage identification flashcards
- How to contact translation services
- How to access Google Translate on public access computers
- Monitoring and updating the LEP plan — DEC's Nondiscrimination Coordinator will review this plan annually and report to senior management at the end of each calendar year.
V. LEP Plan Dissemination
Hard copies of the plan will be provided to any individual or agency requesting a copy. LEP persons may obtain copies/translations of the plan upon request.
VI. LEP Contact Information
- DEC Nondiscrimination Coordinator
- 555 Cordova Street
- Anchorage, AK 99501
- dec.nd@alaska.gov
- 907-334-0884
Appendix A: Demographic Data
The 2023 estimate from the American Community Survey (ACS) estimated the population of Alaska to be 702,315. The first table is Alaska demographics by age, gender, and disability.
Total: | 702,315 | ±2,648 |
---|---|---|
Male: | 359,739 | ±3,192 |
Under 5 years: | 24,360 | ±1,373 |
With a disability | 127 | ±118 |
No disability | 24,233 | ±1,369 |
5 to 17 years: | 67,146 | ±1,653 |
With a disability | 7,518 | ±1,677 |
No disability | 59,628 | ±2,303 |
18 to 34 years: | 79,435 | ±3,070 |
With a disability | 9,317 | ±1,610 |
No disability | 70,118 | ±3,172 |
35 to 64 years: | 139,024 | ±2,422 |
With a disability | 21,911 | ±2,231 |
No disability | 117,113 | ±2,873 |
65 to 74 years: | 33,512 | ±792 |
With a disability | 10,240 | ±1,108 |
No disability | 23,272 | ±1,178 |
75 years and over: | 16,262 | ±793 |
With a disability | 8,332 | ±1,005 |
No disability | 7,930 | ±923 |
Female: | 342,576 | ±2,616 |
Under 5 years: | 20,851 | ±1,221 |
With a disability | 359 | ±377 |
No disability | 20,492 | ±1,146 |
5 to 17 years: | 61,697 | ±1,807 |
With a disability | 3,549 | ±1,025 |
No disability | 58,148 | ±2,162 |
18 to 34 years: | 78,187 | ±1,759 |
With a disability | 8,429 | ±1,954 |
No disability | 69,758 | ±2,267 |
35 to 64 years: | 130,462 | ±1,766 |
With a disability | 18,204 | ±1,997 |
No disability | 112,258 | ±2,345 |
65 to 74 years: | 32,603 | ±859 |
With a disability | 8,558 | ±1,209 |
No disability | 24,045 | ±1,395 |
75 years and over: | 18,776 | ±833 |
With a disability | 9,582 | ±1,165 |
No disability | 9,194 | ±1,220 |
Source: U.S. Census Bureau, U.S. Department of Commerce. "Sex by Age by Disability Status." American Community Survey, ACS 1-Year Estimates Detailed Tables, Table B18101, 2023. Accessed on January 22, 2025.
The American Community Survey (ACS) 2017-2021 5-Year Estimate Data Profile estimates the population in Alaska to be 733,391 people comprised of Black/African American, White, American Indian/Alaska Native, Hispanic/Latino, Native Hawaiian or other Pacific Islander, Asian, and other. Of the demographic data gathered on The ACS estimates that 27.0% of people speak a language other than English at home or speak English less than "very well." LEP persons within the state of Alaska under ACS (American Community Survey-Office of the U.S. Census Bureau) through a 5-year estimate during 2017- 2021, the percentage of individuals where the "Language Other Than English Spoken at Home in Alaska" is 27.7% MoE +/1.4. The ACS estimates that the following languages are spoken at home in Alaska: English only 84.4% MoE +/-0.3, Spanish 24.5% MoE +/-2.4, Other Indo- European languages 22.3% MoE +/-3.7, Asian and Pacific Islander languages 43.2% MoE +/- 2.7, and Other languages 13.4% MoE +/-1.6.
Race Group | Total Members of Population |
---|---|
White (alone) | 435,392 |
Alaska Native or American Indian (alone) | 111,575 |
Black or African American (alone) | 21,898 |
Asian (alone) | 44,032 |
Native Hawaiian or Other Pacific Islander (alone) | 12,698 |
Two or More Races | 89,524 |
Some Other Race | 18,272 |
The American Community Survey (ACS) 2017-2021 5-Year Estimate
The American Community Survey American Indian Alaskan Native (AIAN) Languages of a 5- year period (2017-2021) and the Department of Commerce, Community, and Economic Development, Division of Community and Regional Affairs provide the following data breakdown of Alaska Native languages spoken in the State: Alaska Native languages such as Inupiaq, Gwich’in, Koyukuk, Athabascan, and Tanana are primarily spoken located in the North/Northeast area. In the South/Southeast area, some of the identified groups/ languages recognized are Tlingit, Eyak, Haida, and Tahltan. Within the West/Southwest, some recognized groups/languages are Dena’ina, Alutiiq/ Sugpiaq, Koyukon, and Central Yupik.
Within the Alaska Native groups, some still speak the traditional language and English. When DEC has projects in these regions/areas, personnel should develop flyers and other documents to inform community members of the upcoming project and inform the local community that translation and interpretation services can be provided in the event needed. Interpreters/Translators can be provided through DEC’s Nondiscrimination Coordinator. Through the DEC Nondiscrimination Coordinator, interpretation and translation services are provided by the Language Interpretation Center. A detailed breakdown of the Alaska Native groups and languages spoken can be found on the map in Appendix B.
Alaska has some 20 distinct languages, most within two main language groups. The two groupings include Inuit-Unangan (a.k.a. Eskimo-Aleut) and Na-Dene (a.k.a. Athabascan-Eyak- Tlingit). Since its creation by the Alaska Legislature in 1972, the Alaska Native Language Center has researched and documented Alaska's Native languages.
The numbers presented in the table below under 'Status Alaska Native Language Speakers come from community members who state that they have sat down with other language community members and written down lists of who they can name who is a strong speaker. Unfortunately, Alaska has never conducted an Alaskan Native Language census. Therefore, the data in the below charts are estimates.
Inuit-Yupik-Unangax Languages
Language by Region | Language Proficiency |
---|---|
Iñupiaq | Estimated <2,500 highly proficient speakers in Alaska |
Yugtun (Yup’ik) | Estimated <10,000 highly proficient speakers |
Yupigestun (St. Lawrence Island Yupik) | Estimated < 1,000 highly proficient speakers |
Sugcestun (Sugqiaq/ Alutiiq) | About ~80 highly proficient speakers |
Unangam Tunuu (Unangax) | <80 highly proficient speakers |
Dena Languages
Language by Region | Language Proficiency |
---|---|
Dena’ina Qenaga (Dena’ina) | 5 highly proficient speakers |
Deg Xinag | 2 highly proficient speakers |
Doogh Qinag (Holikachuk) | 0 highly proficient speakers |
Dinak’I (Upper Kuskokwim) | <5 highly proficient speakers--perhaps as few as one or none |
Denaakk’e (Koyukon) | Data unavailable |
Benhti Kokhwt’ana Kenaga’ (Tanana) | 1 highly proficient speaker |
Dinjii Zhuh K’yaa (Gwich’in) | <250 highly proficient speakers |
Häl golan (Hän) | 2 highly proficient speakers in Alaska |
Dihthaad Xt’een Iin Aandéeq’ (Tanacross) | <10 highly proficient speakers |
Nee’aandéegn’ (Upper Tanana) | ~7 highly proficient speakers; about 25 proficient second-language speakers in Alaska |
Atnakenaege’ (Ahtna) | ~25 highly proficient speakers |
Doogh Qinag (Holikachuk) | 0 highly proficient speakers |
Denaakk’e (Koyukon) | Data unavailable |
Southeast Alaskan Languages
Language by Region | Language Proficiency |
---|---|
dAXunhyuuga’ (Eyak) | 0 highly proficient speakers |
Lingit Yoo X’atàngi (Lingit) | ~50 highly proficient, first-language speakers plus ~20 highly proficient second-language speakers |
Xaad Kil (Haida) | 3 fluent speakers in Alaska plus perhaps 2 highly proficient second-language speakers |
Sm’àlgyax (Tsimshian) | 4 highly proficient speakers in Alaska |
Department of Commerce, Community and Economic Development 2021
Further review of the region-specific data provided by the Census includes the information on the languages spoken within the state. Below is the breakdown of separate demographic populations 5 years and over who speak a language other than English only or less than very well. The information provided was determined by reviewing the American Community Survey 5-year period (2017- 2021) data sources. The borough and Census maps can be seen in Appendix C.
Verification for this data came from several different sources such as Factfinder, American Community Survey-Census Bureau, and Alaska Department of Labor and Workforce Development, Research and Analysis. The results of the research and analysis has provided the information that Alaska has many languages spoken, ranging from the Alaska Native languages to other cultural languages within the Hispanic communities, Asian communities, European communities, Pacific Island/Samoan communities, and African communities.
Alaska LEP populations that speak English less than well, according to the 2021 ACS 5 Year Estimate
LEP populations | Population Estimate | MoE | Population Percent | Moe |
---|---|---|---|---|
Population 5 years and over | 29,651 | +/- 1,637 | 4.3% | +/-0.2 |
Speak a language other than English | 29,651 | +/- 1,637 | 27.7% | +/-1.4 |
Spanish | 5,799 | +/-706 | 24.5% | +/-2.4 |
Other Indo-European | 3,148 | +/-614 | 22.3% | +/-3.7 |
Asian and Pacific Island languages | 16,592 | +/- 1,100 | 43.2% | +/-2.7 |
Other languages | 4,112 | +/-542 | 13.4% | +/-1.6 |
Appendix B

Indigenous Peoples and Languages of Alaska Map Large Version
Appendix C

Alaska Borough/Census Areas Map Large Version
Appendix D
Language identification flashcard, "I Speak...", U.S. Department of Justice, Limited English Proficiency, LEP.gov
Grievance Procedure Policy
I. Introduction
The Alaska Department of Environmental Conservation (herein referred to as DEC) does not discriminate on the basis of race, color, national origin, disability, age, or sex in administration of its programs or activities, and the DEC does not intimidate or retaliate against any individual or group because they have exercised their rights to participate in actions protected, or oppose action prohibited, by 40 CFR Part 5 and 40 CFR Part 7, or for the purpose of interfering with such rights.
DEC's Nondiscrimination Coordinator shall be responsible for coordination and implementation of the complaint procedures outlined herein. The Nondiscrimination Coordinator shall receive and review complaints, communicate with complainants, investigate complaints or arrange for the investigation of complaints, issue letters and notices, and perform other actions necessary to fulfill DEC’s obligations under non-discrimination statutes. DEC is committed to the prompt and fair resolution of complaints that allege violation of federal non-discrimination laws.
If you need accommodations to access the DEC’s programs or services because of a disability, requests may be made by contacting the department’s ADA coordinator at 907-334-0884. This information is available in alternative formats upon request by contacting the DEC at 907-334-0884 or TDD Relay Service 1-800-770-8973/TTY or dial 711.
Free language assistance
If you speak a non-English language, we offer you language assistance services free of charge. Call 907-334-0884.
II. Informal Complaints
DEC encourages anyone with concerns about potential failure to provide services or discrimination in providing services to first discuss the matter with the Nondiscrimination Coordinator and/or ADA Coordinator. Individuals are not required to pursue the informal process first and may engage the formal complaint (grievance) process as their first step if preferred.
The purpose of the informal complaint process is to make a good faith effort to resolve the issue quickly and efficiently. However, the individual may ask to implement the formal process at any time during the informal resolution. If you have concerns about services provided by DEC or DEC practices, or if you would like to relay your experiences to DEC without making a formal complaint, please contact Mike Kruzinski at 907-334-0884 or dec.nd@alaska.gov.
III. Formal Complaints (Grievances)
The DEC complaint procedure is as follows:
- Complaint filing timeframe: A discrimination complaint must be submitted by the complainant or his/her designee no later than 180 calendar days of either:
- The alleged act of discrimination.
- Date when the person(s) became aware of the alleged discrimination.
- Date on which the conduct was discontinued, if there has been a continuing course of conduct.
Failure to submit a complaint within 180 days may result in rejection of the complaint, as discussed in more detail below.
- The complaint must be submitted by the complainant or their designee to:
- Alaska Department of Environmental Conservation
- c/o DEC Nondiscrimination Coordinator
- 555 Cordova Street
- Anchorage, AK 99501
- dec.nd@alaska.gov
- Contents of a complaint: The complaint must be written, and the document must contain the following information:
- The complainant's name, mailing address, and residential address.
- Identification of individual(s) or organization(s) responsible for the alleged discrimination (hereinafter “the respondent”).
- A description of the complainant's allegations of discrimination. Include:
- Detail to allow DEC to determine if DEC has jurisdiction over the complaint and if the complaint was filed timely.
- Specific prohibited bases of alleged discrimination (i.e. race, color, national origin, age, sex, disability).
- Whether the complaint is filed within 180 days of the last alleged discriminatory act or acts. If the complaint is not filed within 180 days, include any good cause that may exist to warrant extension of the 180-day deadline for filing.
- Whether a complaint has been filed with another agency or court, the agency or court where it was filed, and relevant contact information.
- Complainant’s signature and date.
- Reasonable accommodation: If the complainant is unable to submit a written complaint, DEC’s Nondiscrimination Coordinator should be contacted in order to request reasonable accommodations to this procedure. Such accommodations may include, but are not limited to, using a relay service to communicate with a complainant who has a hearing impairment or arranging for interpretive services for those with limited English proficiency. DEC shall work to ensure that individuals have full access to the complaint filing and investigative process.
- Jurisdiction: Upon receipt of a complaint, the Nondiscrimination Coordinator shall review the complaint to determine whether DEC has jurisdiction to investigate the issues presented. For DEC to have jurisdiction, the following criteria must be met:
- The complaint must be in writing, unless the Complainant is receiving accommodations from the Nondiscrimination Coordinator.
- The complaint must allege a discriminatory act that, if true, may violate 40 C.F.R. Part 5 or 40 C.F.R. Part 7. Discrimination may include an act or policy that subjects a person or persons to discriminatory treatment, an act or policy that results in discriminatory impact on a person or persons on the basis of a personal characteristic listed in the above regulations; or an act or policy that, if true, may constitute intimidation or retaliation toward any person or persons on the basis of a personal characteristic listed in the above regulations or on the basis of previous interaction with DEC.
- The complaint must identify a respondent that is a bureau, subdivision, or agent of DEC, including DEC’s subrecipients of federal funding.
- The complaint must be submitted in writing within 180 days of the last alleged discriminatory act or good cause must exist to waive the 180-day deadline. In determining whether good cause to waive the 180-day deadline exists, the Nondiscrimination Coordinator shall consider, among other concerns, the feasibility of investigatory fact-finding in light of extended delay.
- Notice: If DEC has jurisdiction, DEC shall issue a letter of acceptance within 10 business days of said determination. If a complaint does not meet the jurisdictional requirements, DEC will issue a no-jurisdiction letter, rejecting the complaint, within 10 business days. A no-jurisdiction letter shall result in DEC’s closure of the complaint file. A no-jurisdiction letter may include a formal referral to another agency in instances where the referred agency’s jurisdiction and/or ability to address the complaint is readily apparent to the Nondiscrimination Coordinator. If DEC refers a complaint to another agency, DEC shall notify the complainant.
- Once DEC has issued a letter of acceptance, the Nondiscrimination Coordinator shall:
- Notify the respondent of the complaint and request the respondent provide a written response to the complaint within a reasonable time.
- Conduct an appropriate, timely, and impartial investigation of the allegations, which may include interviews of the complainant, DEC staff, any witnesses to the alleged discrimination, and other persons with relevant personal knowledge. The investigation may also include a review of any physical or written material provided by the complainant or respondent. A preponderance of the evidence standard shall be applied during the analysis of the complaint.
- Attempt, if possible, 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 pre-empting the need for future complaints. Upon informal resolution as contemplated here, the Nondiscrimination 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 DEC’s closure of the complaint file.
- Within 180 days of the completion of the investigation and exhaustion of the possibility of informal resolution, the Nondiscrimination Coordinator shall make a preliminary written finding as to the complaint. Such preliminary findings shall be either:
- A finding that the respondent is in compliance with applicable nondiscrimination law or policy; or
- A finding that the respondent is in violation of applicable nondiscrimination law or policy.
Upon a finding of compliance, the Nondiscrimination Coordinator shall prepare a closure letter summarizing the allegations and investigative process and stating that the complaint file shall be closed and shall send copies thereof to complainant and respondent. A preliminary finding of compliance shall result in DEC’s closure of the complaint file.
Upon a finding of violation, the Nondiscrimination Coordinator shall prepare a letter of remediation summarizing the allegations and investigative process and explaining actions the respondent shall take in order to come into compliance. The letter shall prescribe a reasonable time for the respondent to complete the remedial actions set forth therein.
- The Nondiscrimination Coordinator shall maintain copies of complaints and documentation related to the investigation and resolution thereof for a period of not less than two years or for the period consistent with DEC record retention schedule, whichever is longer.
- The above procedures do not limit or deny the right of the complainant to file a complaint with state or federal agencies, or to seek private counsel for complaints alleging discrimination, intimidation, or retaliation of any kind that is prohibited by law. DEC’s decision to take actions to resolve a complaint should not be construed to constitute an admission that any discrimination has occurred, and any written documents prepared by DEC in response to a complaint to constitute an offer of compromise subject to Federal Rule of Evidence 408 and equivalent state rules.
Submitting Complaints
Grievance Procedures
Any person who believes they have been the object of unequal treatment or discrimination or been excluded from participation in or denied benefits of DEC programs, activities or services on the grounds of race, color, national origin, disability, age, or sex may file a complaint with the DEC's Nondiscrimination Coordinator within 180 days from the date of the alleged discrimination.
This procedure is in place to ensure the prompt and fair resolution of complaints which allege violation of federal non-discrimination laws.
To be accepted, a complaint must:
- Involve discrimination on the basis of race, color, national origin, or disability, age, or sex.
- Allege discrimination that was committed by DEC, a department employee, or a sub-recipient of the department.
- Be filed within 180 days from the alleged discrimination (or within 180 days of when the complainant knew or should have known of the discrimination).
Complaints must include:
- Personal Information: Name, address, and phone number of the person alleging discrimination.
- Dates: The date(s) of the alleged act of discrimination or the date when the complainant(s) became aware of the alleged discrimination.
- Brief description: A brief, specific description of the discriminatory practice or action and any relevant facts.
The complaint should include names and contact information of any witnesses, including department employees or contractors.
Filing a Complaint
If you believe you have experienced unlawful discrimination, you may file a complaint with DEC's Nondiscrimination Coordinator. DEC will not retaliate against any individual who complains of discrimination or who participates in an investigation of discrimination. You may email, mail, or use the below online form to submit your complaint.
Note: DEC employees should submit complaints to DEC's Human Resource Office, the Equal Employment Opportunity Commission, or the Human Rights Commission. For further assistance, contact DEC's Nondiscrimination Coordinator listed at the top of this web page.