I. Summary statement
Tacoma-Pierce County Health Department (Department) is committed to providing quality programs and services that uphold our values of equity, integrity, leadership, and respect. The Department will investigate grievances of discrimination in a timely and impartial manner and will comply with all applicable federal, state, and local civil rights and non-discrimination laws. This procedure contains step-by-step directions for nonemployees who have a good faith belief that they have been unlawfully discriminated against by Department staff, volunteers, contractors, agents, or elected officials.
II. Procedure statement
In accordance with Title 40 Part 7 of the Code for Federal Regulations (CFR), discrimination on the basis of race, color, national origin, age, sex, or disability in programs or activities receiving federal assistance from the United States Environmental Protection Agency (EPA) is strictly prohibited. Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance. Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act prohibit discrimination on the basis of disability by state or local government agencies and recipients of federal financial assistance.
The Department prohibits discrimination in its programs and services and utilizes an informal complaint process to resolve the issue in a quick, efficient manner. If an individual has concerns about potential issues regarding access to services and/or discrimination in provided services, they are encouraged to discuss the matter with the Non-discrimination Coordinator. Individuals are not required to pursue the informal complaint process first and may engage the formal complaint (grievance) process as their first step if preferred. The individual may ask to implement the formal complaint process at any time during the informal resolution.
A. Filing a grievance procedure
- A discrimination complaint must be filed by the Complainant or their designee no later than 180 calendar days of the alleged act(s) of discrimination.
- The complaint must be submitted in writing by the Complainant or their designee to:
Darlene Mendoza, MJur: dmendoza@tpchd.org or (253) 649-1660.
c/o Non-discrimination Coordinator
3629 S. D St., MS 1011
Tacoma, WA 98418-6813
OR
Karen Daniels: kdaniels@tpchd.org or (253) 649-1660.
c/o Non-discrimination Coordinator
3629 S. D St., MS 1011
Tacoma, WA 98418-6813 - The written complaint must contain the following information:
a. The Complainant’s name, mailing address, and residential address.
b. Identification of individual(s), program(s), or organization(s) responsible for the alleged discrimination (herein after called the “Respondent”).
c. A description of the Complainant’s allegations of discrimination, including:
i. Description of the incident/event that occurred.
ii. Details to allow the Department to determine if the Agency has jurisdiction over the complaint and if the complaint was filed timely (i.e., date(s), location(s), etc.).
iii. Specific details regarding basis of alleged discrimination (e.g., race, color, national origin, age, sex, disability, sexual orientation, veteran’s status).
d. If the complaint was not filed within 180 days of the last alleged discriminatory act(s), the basis for an extension of the filing period.
e. Whether a complaint has been filed with another agency or court, the agency or court where it was filed, and relevant contact information.
f. Complainant’s signature and date.
- If the Complainant is unable to submit a written complaint, they should contact the Non-discrimination Coordinator to request reasonable accommodations to this procedure. The Department shall work to ensure that individuals have full access to the complaint filing and investigative process.
- Upon receipt of the complaint, the Non-discrimination Coordinator shall review the complaint to determine whether the Department has jurisdiction to investigate the issues presented. For the Department to have jurisdiction, the following criteria must be met:
a. The complaint must be in writing unless the Complainant is receiving accommodations from the Non-discrimination Coordinator.
b. The complaint must allege a discriminatory act that, if true, may violate applicable federal, state, and/or local law. Discrimination may include:
i. An act or policy that subjects a person or persons to discriminatory treatment.
ii. An act or policy that results in discriminatory impact on a person or persons on the basis of a protected characteristic or protected class recognized by applicable federal, state, or local law.
c. The Complainant must identify the Respondent that is an employee, volunteer, contractor, Board of Health member, or agent of the Department.
d. 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 Non-discrimination Coordinator shall consider, among other concerns, the feasibility of investigatory fact finding considering extended delay.
- If the Department has jurisdiction, the Department will issue a letter of acceptance within 10 business days of the determination. If a complaint does not meet the jurisdictional requirement or the complaint filing deadline, the Department will issue a letter rejecting the complaint within 10 business days.
- Once the Department has issued a letter of acceptance, the Non-discrimination Coordinator shall:
a. Notify the Respondent of the complaint.
b. Conduct an appropriate, timely, and impartial investigation of the allegations, which may include:
i. Interviews of the Complainant, Respondent, Department staff, any witnesses to the alleged discrimination, and other persons with relevant personal knowledge.
ii. Review of any physical or written material provided by the Complainant, Respondent, or witnesses.
iii. During the analysis and investigation of the complaint the preponderance of the evidence standard shall be applied when rendering a decision.
c. 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 preventing the need for future complaints. Upon informal Procedure #100.021A, Public Non-discrimination and Grievances resolution as contemplated here, the Non-discrimination 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 the Department’s closure of the complaint file.
- Within 180 days of the completion of the investigation, the Non-discrimination Coordinator shall make a preliminary written finding as to the complaint. Such preliminary findings shall be either:
a. A finding that the Respondent is in compliance with applicable non-discrimination law or policy; or a finding that the Respondent is in violation of applicable non-discrimination law or policy.
i. Upon a finding of compliance, the Non-discrimination Coordinator shall prepare a closure letter summarizing the allegations and investigative process and that the complaint file shall be closed. Copies of the closure letter shall be sent to both the Complainant and Respondent. A preliminary finding of compliance shall result in the Department’s closure of the complaint file.
ii. Upon a finding of violation, the Non-discrimination Coordinator shall prepare a letter of remediation summarizing the allegations and investigative process and explaining actions the Respondent shall take to come into compliance. The letter shall prescribe a reasonable time for the Respondent to complete the remedial actions set forth therein. A copy of the letter of remediation shall be sent to both the Complainant and Respondent.
- If the response does not satisfactorily resolve the issue, the Complainant or the Respondent may appeal the decision to the Director of Public Health or their designee within 15 calendar days after receipt of the response from the Non-discrimination Coordinator.
a. Within 15 calendar days after receipt of the appeal, the Director of Public Health or their designee will meet with the Complainant and the Respondent to discuss the complaint and potential resolution.
b. The Director of Public Health or their designee may also interview witnesses and review any physical or written evidence.
c. Within 15 calendar days after the meeting with the Complainant and the Respondent, the Director of Public Health or their designee will respond in writing to the Complainant and Respondent with a final resolution of the complaint. - The Non-discrimination Coordinator shall maintain copies of complaints and documentation related to the investigation and resolution thereof for a period of not less than 2 years or for the period consistent with the Department 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. The Department’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 the Department in response to a complaint to constitute an offer of compromise subject to Federal Rule of Evidence 408 and equivalent state rules.
B. Role and responsibilities
Complainant
Individual experiencing discrimination. Complainant shall submit the formal or informal grievance to the Department in accordance with this procedure.
Respondent
Individual(s), program(s), or organization(s) responsible for the alleged discrimination. Respondent shall fully participate in the investigation and resolution process.
Non-discrimination Coordinator
Individual who is responsible for receiving, investigating, communicating, and documenting the outcome of the grievance. The Non-discrimination Coordinator shall comply with all applicable deadlines and notification requirements.
III. Supporting information
Procedure owner
Human Resources Director
Keywords
Discrimination, ADA, accommodation, complaint, procedure
Policy this procedure applies to
Relevant laws and other resources
Title 40 Part 7 of the Code for Federal Regulations (CFR)
Title VI of the Civil Rights Act of 1964
The Americans with Disabilities Act (ADA) and Section
504 of the Rehabilitation Act
Revision history
Nov. 4, 2024