Pursuant to a permanent injunction issued by the U.S. District Court for the Western District of
Louisiana on August 22,2024, EPA will not impose or enforce any disparate-impact or
cumulative-impact-analysis requirements under Title VI against any entity in the State of
Louisiana. Click here for additional and updated information.
Grievance Procedures
Technical Assistance Fact Sheet
(December 28,2022)
EPA's nondiscrimination regulations require that applicants for and recipients of EPA financial
assistance adopt grievance procedures that assure the prompt and fair resolution of complaints
which allege a violation of federal civil rights laws and EPA's nondiscrimination regulations.1
Below are criteria set forth in the Procedural Safeguards Checklist for Recipients - Federal Non-
Discrimination Obligations and Best Practices. These are also reflected in various Informal
Resolution Agreements (IRAs) entered into between EPA and recipients. IRAs can be found on
EPA's webpage at External Civil Rights Case Resolutions. These criteria are for the purpose of
assisting applicants for and recipients of EPA financial assistance in complying with federal civil
rights laws and EPA's nondiscrimination regulation. They do not constitute legal advice, a
determination of civil rights compliance, nor an endorsement of the effectiveness in practice of
any grievance process. In the event of any conflict between the criteria and any statute,
regulation or other legal requirement, those legal authorities, and not the criteria, are
controlling. ***
Some requirements and best practices for grievance procedures that should be considered,
when applicable, along with Department of Education's guidance on grievance procedures for
complaints raising allegations of violation of Title IX of the Education Amendments of 19722
(Title IX), and its implementing regulations3 include the following:
• prominent publication of the grievance procedures in print4 and online;
• clear identification of the non-discrimination coordinator, including name and contact
information;
• explanation of the role of the non-discrimination coordinator, including with respect to
the coordination and oversight of the grievance procedures;
• description of who may file a complaint under the grievance procedures and the
appropriate bases for filing a complaint;
• description of which grievance processes are available, if more than one (e.g., those
covering Title IX, as opposed to Title VI and other civil rights authorities) and the options
for complainants in pursuing them;
• description of the investigation process(es) and timelines for:
o the submission of a discrimination complaint;
1 40 C.F.R. § 7.90(a). Regarding EPA's Title IX implementing regulations, see 40 C.F.R. § 5.135(b) ("A recipient shall
adopt and publish grievance procedures providing for prompt and equitable resolution of student and employee
complaints alleging any action that would be prohibited by these Title IX regulations."). For consideration of who
may file a complaint under Title IX, refer to U.S. Department of Education regulations. See 85 FR 30026.
2 20 U.S.C. §§ 1681 etseq.
3 34 C.F.R. Part 106
4 40 C.F.R. § 5.135(b).
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o the investigation's review, conclusion, or resolution process; and
o making an appeal, if any, of any final decision;
• application of the preponderance of the evidence standard during the investigation and
analysis of the complaint;
• assurance that intimidation and retaliation are prohibited5 and that claims of
intimidation and retaliation will be handled promptly and fairly pursuant to the
recipient's grievance procedures in the same manner as other claims of discrimination;
• provision of prompt written notice about the outcome of the investigation, including
whether discrimination is found and the description of the investigation process6;
• annual review of grievance procedures (for both in-print and online materials), and
revision as necessary, to ensure prompt and fair resolution of discrimination complaints.
5 See 40 C.F.R. § 7.100.
6 Whether OECRC would consider a recipient's complaint investigation and resolution to be "prompt" will vary
depending on the complexity of the investigation and the severity and extent of the alleged discrimination. For
example, the investigation and resolution of a complaint involving multiple allegations and multiple complainants
likely would take longer than one involving a single allegation of discrimination and a single complainant.
2
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