Notice of Rights and Grievance Procedure

Notice of Rights

Department of Environmental Protection (DEP) does not discriminate on the basis of disability in the operation of its programs, services or activities and is committed to ensuring equal access for people with disabilities. Pursuant to the American with Disabilities Act and the New York State and New York City Human Rights Laws, individuals with disabilities are entitled to reasonable accommodations to enable them to participate in programs, services and activities.

Effective Communication

DEP will, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in DEP programs, services, and activities, including qualified sign language interpreters, documents in Braille, and other ways of making information and communications accessible to people who have speech, hearing, or vision disabilities.

Modifications to Policies and Procedures

DEP will make reasonable modifications to policies and procedures to ensure that people with disabilities have equal access to all programs, services, and activities of DEP. For example, individuals with service animals are welcome in all DEP offices open to the public, even where pets are generally prohibited.

Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to participate in a program, service, or activity of DEP should contact the Disability Service Facilitator listed below by mail, email or telephone as soon as possible but no later than three (3) business days before the scheduled event or activity.

Tanika Thomas
NYC DEP Office of Equal Employment Opportunity (EEO)
59-17 Junction Blvd, 20^th Floor
Flushing, NY 11373

Voice Phone: 718-595-3400
New York Relay users dial 711

Email: EEOOffice@dep.nyc.gov

The ADA does not require DEP to take any action that would fundamentally alter the nature of its programs or services or that would impose on it an undue financial or administrative burden.

DEP will not impose a surcharge to cover the cost of providing auxiliary aids/services or reasonable modifications of policy, for example retrieving items from locations that are open to the public but are not accessible to persons who use wheelchairs.

Questions, concerns or requests for additional information may be directed to the Disability Service Facilitator listed above.

If you believe that you have been denied an auxiliary aid or service or a reasonable modification of policies or procedures in order to participate in programs, services or activities provided by DEP, please see DEP's Grievance Procedure below.

Grievance Procedure

This grievance procedure may be used by any member of the public who wishes to file a grievance alleging discrimination on the basis of disability by DEP’s EEO Office (not related to employment). Employment related complaints for employees and applicants for employment seeking a reasonable accommodation are covered under the City of New York's Equal Employment Opportunity (EEO) Policy. You may reach DEP’s Office of EEO & Diversity at EEOOffice@dep.nyc.gov or 718-595-3400.

The grievance should be in writing and contain information about the alleged discrimination such as the name, address, and telephone number of the grievant, as well as the location, date, and description of the complaint or alleged violation of the ADA or other anti-discrimination law. Examples of discrimination include but are not limited to refusal to provide an American Sign Language interpreter, large print or Braille documents and real time captioning (also known as CART) when requested within a reasonable timeframe or failing to provide adequate information regarding accessibility for people with disabilities at public events.

Alternative means of filing grievances, such as in-person interviews or an audio recording of the grievance, may be made available, as needed, to persons with disabilities upon request.

The grievance should be submitted as soon as possible but no later than sixty (60) calendar days after the date of the alleged violation to:

Tanika Thomas
NYC DEP Office of Equal Employment Opportunity (EEO)
59-17 Junction Blvd, 20^th Floor
Flushing, NY 11373

Email: EEOOffice@dep.nyc.gov

Within thirty (30) calendar days after receipt of the grievance, the Disability Service Facilitator will contact the grievant to discuss the grievance and any possible resolutions.

Within fifteen (15) calendar days of this contact with the grievant, the Disability Service Facilitator will respond to the grievance in writing or, where appropriate, in a format accessible to the grievant, such as large print, Braille, or audio recording. This response will explain DEP's position and offer options for substantive resolution of the grievance, where applicable.

The grievant or the grievant's designee may appeal the decision by the Disability Service Facilitator within thirty (30) calendar days of receipt of the response by mail or email to:

Department of Environmental Protection
Attn: Office of the Commissioner
59-17 Junction Blvd, 19^th Floor
Flushing, NY 11373

The appeal should be submitted in writing. Alternative means of filing an appeal, such as an in-person interview or an audio recording of the grievance, may be made available for persons with disabilities upon request. DEP's response to the appeal will be provided to the grievant within sixty (60) days following receipt of the request for the appeal. All responses by the EEO's Office will be in writing or, where appropriate, in a format accessible to the grievant. All written grievances, appeals, and responses received in connection with a grievance made to DEP will be retained for at least three (3) years. This document is available in alternative formats, including large print, audio recording, and Braille, from the disability service facilitator upon request.