TCAT Nondisrimination Policy Statement
It is the policy of Tompkins Consolidated Area Transit, Inc. (hereafter, known as “TCAT”) to prevent and eliminate discrimination among all its operations and services as well as all aspects of employment. All Department, Divisions, Offices, and Bureaus will plan, develop, and implement their programs and activities so that no person is subjected to unlawful discrimination based on race, creed, color, gender, age, national origin, religion, disability, sexual orientation, marital status, or Vietnam era veteran status.
This policy fully incorporates throughout all TCAT’s operations the requirements of 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.
TCAT is committed to maintaining an agency which recognizes and values the inherent worth and dignity of every person; fosters tolerance, sensitivity, understanding, and mutual respect among its members; and encourages each individual to strive to reach their own potential.
Related Policy and Authoritative Sources
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 Non-Discrimination Act (2003) – This Act amends the Executive Law to include sexual orientation.
- New York State Executive Orders
- On January 1, 2011, Governor Cuomo issued Executive Order 2 that authorized the continuation of certain prior Executive Orders related to equal opportunity and nondiscrimination in all State programs.
- Executive Order No. 6 (Governor Cuomo, 1983) – Insures equal employment opportunities for minorities, women, disabled persons, and Vietnam era Veterans in State government. The order clarifies and expands the power of the President of the Civil Service Commission and the Governor’s Executive Committee for Affirmative Action to ensure that agencies develop and implement effective affirmative action plans.
Federal Laws and Executive Orders
- 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. Title VII as amended by the Equal Employment Opportunity Act of 1972 – Makes it unlawful to discriminate in employment practices on the basis of race, color, religion, sex, or national origin.
- Section 503 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 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.
- Civil Rights Act of 1991 – Provides appropriate remedies for intentional discrimination and unlawful harassment in the workplace; codifies the concepts of “business necessity” and “job related”, confirms statutory authority and provide statutory guidelines for the adjudication of disparate impact suits under Title VII of the Civil Rights Act of 1964; expands the scope of relevant civil rights statutes in order to provide adequate protection to victims of discrimination. The Act provides for compensatory and punitive damages and jury trails in cases of sex, religious, and disability bias.
- Executive Order No. 11246 – Prohibits employers doing business with the Federal Government from discriminating in employment because of race, color, religion, sex, or national origin. Employers are required to take affirmative action in employment activities including hiring, promotion, transfers, training and minorities and women.
Any person who believes he, she, they has been subjected to any unlawful discrimination while using TCAT or Gadabout paratransit services should file a complaint.
Complaints must be made by email, postal service, phone or in person to TCAT no later than (one-hundred-eighty) 180 calendar days after the alleged incident. TCAT has up to, but no longer than ten (10) business days to contact the complainant and acknowledge receipt of the complaint by email, phone or in person from the date of the complaint’s receipt. At that time, TCAT will offer the complainant the option to fill out a formal complaint form and/or will record any additional information the complainant may have to offer.
Upon receipt of the formal complaint form, the complainant as soon as possible but no later than (30) business days (of receipt) must return the completed form and/ or provide any additional information that TCAT requests. The complainant may do this by email, postal service, phone or in person to the TCAT Civil Rights officer, transit supervisor or any designee who is investigating the complaint or overseeing the investigation. If TCAT cannot reach the complainant or does not receive the additional information within those thirty (30) businesses days of the initial complaint, TCAT can administratively close the case. A case can be administratively closed also if the complainant states that she/he/they no longer wish to pursue the matter.
Investigations will take place within but no later than the thirty (30) business days from date the initial complaint was made if the complainant chooses not to fill out a formal complaint form or chooses not to provide additional information. However, if the complainant provides TCAT with new information in a completed formal complaint form or provides additional information, TCAT will have thirty (30) business upon the date of receipt of that new information to investigate. Upon completion of the investigation in either scenario, TCAT’s Civil Rights Officer or designee will send one of two letters: a closure letter or a letter of finding (LOF). A closure letter is one that summarizes the allegations and states that there was not a Title VI violation and that the case is closed. An LOF is one that summarizes the allegations and investigation regarding the alleged incident, and explains whether any disciplinary action, additional training of the staff member or disciplinary other action will occur. TCAT will require confirmation with delivery receipts or via phone call to the complaint.
If the complainant is not satisfied with the closure, he/she/they will have an additional have thirty (30) business days to appeal from the date of receipt of the closure letter. Appeals must be to the TCAT Civil Rights Officer or designee, who will then forward the appeal to the TCAT Board of Directors Chairperson. The TCAT Board Chairperson will designate an Appeals Committee comprised of three people, one TCAT Board member, one staff member and one member of the TCAT Riders Advisory and Accessibility Committee, or another rider. The Appeals Committee will convene as soon as possible but no later than thirty (30) business days upon the notification of the appeal and to review all information gleaned during the investigation. The Appeals Committee may interview the complainant and the investigator (which could include a transit supervisor, Gadabout manager, subcontractor manager or their designees. The Appeals Committee will deliver a finding by majority up to but no later than thirty (30) business days of the date of the first convening of the Appeals Committee. The Appeals Committee will notify the Civil Rights Officer or designee of its decision whether to uphold or dismiss the appeal. The Civil Rights officer, in turn, will notify the complaint of that decision via letter or email or by phone call as soon as possible within ten (10) business days from the date of the decision.
For more information regarding TCAT, Inc.’s or Gadabout’s non-discrimination policies, to file a complaint or to appeal a finding, please contact Patty Poist, TCAT, Inc. Title VI Officer (607) 277‑9388, ext. 1560 or email her at pp1@tcatmail.com or use TCAT’s general email at tcat@tcatmail.com. Riders or any member of the public also have the option to visit TCAT’s administrative offices at 737 Willow Ave., during normal business hours from 8 a.m. to 5 p.m. Mon.-Fri.
A person may file a written complaint directly with:
- Tompkins County Compliance Officer, Department of County Administration, 3rd Floor, 125 East Court Street, Ithaca, NY 14850; phone (607)-275-5551; email: ctyadmin@tompkins-co.org; website: https://www.tompkinscountyny.gov/tccp/titlevi.
