Nondiscrimination Policy

As part of NYSTEC’s commitment to equal employment opportunities and nondiscrimination, both with respect to its workforce and any recipients or beneficiaries of its programs, NYSTEC complies with each of the following laws, where and to the extent applicable:

• Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, or national origin (including limited English proficiency).
• Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination based on disability.
• Title IX of the Education Amendments Act of 1972, which prohibits discrimination based on sex in education programs or activities.
• Age Discrimination Act of 1975, which prohibits discrimination based on age.
• U.S. Department of Homeland Security regulation 6 C.F.R. Part 19, which prohibits discrimination based on religion in social service programs.

Additionally, it is NYSTEC’s policy to provide equal employment opportunity (EEO) to all individuals, regardless of actual or perceived race, color, creed, religion, sex, or gender (including pregnancy, childbirth, and related medical conditions), gender identity or gender expression (including transgender status), age, national origin, ancestry, protected citizenship status, physical or mental disability, protected medical condition, genetic information, military service and veteran status, sexual orientation, marital status, or any other characteristic protected by applicable law. NYSTEC is strongly committed to this policy and believes in the letter and spirit of nondiscrimination law.

Any recipient of NYSTEC programs or services with a disability who needs an accommodation, or persons of limited English proficiency who need a translator or translation to enjoy those services or programs should contact NYSTEC for assistance by phone at (315) 338-5818 or by letter to NYSTEC, ATTN: Compliance Department, at 99 Otis Street, 2nd Floor, Rome, New York 13441. NYSTEC shall respond promptly to all such requests within one week and will provide accommodations or translation, at no cost, to any qualified program recipient.

NYSTEC encourages employees and any program recipients or beneficiaries to report any perceived discrimination or violation of any civil rights law immediately to the Leadership Team, the corporate risk and compliance manger, or to human resources. Any employee or program recipient/beneficiary who believes they have encountered discrimination (whether from a NYSTEC manager, coworker, supplier, vendor, visitor, or client, etc.) should report such behavior immediately, in accordance with NYSTEC’s procedure for reporting such incidents.

NYSTEC does not permit retaliation of any kind against anyone who opposes a discriminatory practice, makes a good-faith complaint of discrimination, or furnishes information or participates in any manner in an investigation of such a complaint. Any NYSTEC employee who is found to have engaged in any such retaliation shall be subject to disciplinary action, up to and including termination.

The NYSTEC Leadership Team, Talent Management and Corporate Risk and Compliance Manager have shared responsibility for ensuring compliance with this policy. All NYSTEC employees are responsible for supporting the concept of equal opportunity and assisting NYSTEC in meeting its objectives. Any employee who is found to have discriminated in violation of this policy shall be subject to disciplinary action, up to and including termination.

NYSTEC’s Discrimination Complaints Process

NYSTEC believes in the importance of, and supports compliance with, laws applicable to it that prohibit discrimination against any individual based on any protected class. NYSTEC also cares about making its programs and services accessible to all clients and eligible members of the public, regardless of any disability or limited English proficiency. If you have any questions about, or difficulties reading, this policy, please contact NYSTEC’s CFO and director of diversity or NYSTEC’s corporate risk and compliance manager at (315) 338-5818 for assistance. A translator or sign language interpreter will be provided by NYSTEC, as needed.

Reporting any Incidents of Discrimination, Harassment, Retaliation, or Violation of Any Civil Rights Law

NYSTEC strongly urges any and all program beneficiaries, customers, or others interacting with NYSTEC to report any incident of perceived discrimination or other violation of applicable civil rights law in the administration of any NYSTEC program or contract. Any individual who believes he/she/they have experienced such conduct should report their concern promptly to NYSTEC’s corporate risk and compliance manager or any member of NYSTEC’s Leadership Team. Reporting may be by telephone to (315) 338-5818, email, or other written form of communication to NYSTEC, ATTN: Compliance Department, at 99 Otis Street, 2nd Floor, Rome, New York 13441. The availability of this reporting procedure does not preclude individuals who believe they are being subjected to unlawful conduct from promptly advising the offender that the offender’s behavior is unwelcome and requesting that it be discontinued.

Processing, Investigation, and Disposition of Complaints

Any reported allegation of discrimination, harassment, or retaliation, whether verbal or in written form, will be investigated promptly, thoroughly, and impartially, and any such investigation will be completed as soon as practicable. The investigation may include individual interviews with the parties involved and, when necessary, with individuals who may have observed the alleged conduct or may have other relevant knowledge. The investigation will endeavor to ensure due process for all parties.  NYSTEC employees are required to cooperate in any investigation of any alleged civil rights violation, pursuant to this policy and NYSTEC’s employment policies.

Confidentiality will be maintained throughout the investigatory process to the extent consistent with adequate investigation and appropriate corrective action. However, complete confidentiality may not be possible in all circumstances.

While the process may vary from case to case, investigations will generally follow these steps:

1. Upon receipt of a complaint, NYSTEC’s human resources and/or Corporate Risk and Compliance Manager will conduct a timely review of the allegations and take any interim actions as appropriate. If the complaint is verbal, the individual will be encouraged to help NYSTEC document the complaint in writing. Alternatively, a written complaint form may be completed by NYSTEC, based on the verbal reporting.
2. Documents, emails, and phone records relevant to the investigation will be requested, obtained, and preserved.
3. Interviews will be conducted of all parties involved, including any relevant witnesses.
4. Written documentation of the investigation (e.g., letter, memo, email) will be created, which may contain:
5. A list of documentation reviewed, with summaries as may be relevant.
6. A list of names of those interviewed, along with a summary of their statements.
7. A timeline of the most relevant events, if helpful.
8. The basis for the decision and final resolution of the complaint, together with any corrective action(s).
9. The written documentation and associated documents will be kept in a secure and confidential location.
10. The individual who made the complaint will be notified once the investigation is complete and will be apprised of the nature of any corrective actions or outcome.