Handling Discrimination Complaints: Determining Timeliness, Jurisdiction

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Handling Discrimination Complaints Determining
Timeliness, Jurisdiction Authority
MSFW
WIA
TRADE
SCSEP
VETS
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Learning Objectives

• Explain the requirements for the initial handling
  of discrimination complaints.
• Explore some of the underlying issues related to
  making decisions on the initial disposition of
  discrimination complaints.

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Laws Regulations Enforced
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Laws Applicable to USDOL Financial Assistance
Recipients
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Regulations Applicable to USDOL Financial
Assistance Recipients
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Determining Timeliness
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Determining Timeliness
____________
Complaints alleging discrimination, to be timely,
must be filed within 180 days of the alleged
discrimination.
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Determining Timeliness
____________
0
Days
180
Date of Alleged Discrimination
Date Complaint Filed
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Extending the 180 Day Filing Period
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Only the Director of the Civil Rights Center has
the authority to extend the 180 day time frame.
Extensions are only granted for good cause.
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Activity Determining Timeliness

• Purpose
• Use scenarios as an exercise in applying the 180
  day timeframe.
• Task
• You are a member of a Complaint Intake Unit.
  You have been asked to review letters of
  compliant to determine whether the complaints
  were timely filed. You will be asked to share
  your conclusion with the workshop.
• Time 15 minutes

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Timeliness

• Complainant filed beyond the 180 day period.

Is the complaint timely? Why or why not?
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Timeliness

• Complaint was received 182 days after date of
  alleged discrimination.

Is the complaint timely? Why or why not?
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Timeliness

• Complainant filed within 180 days based on the
  last date of alleged discrimination and the
  complaint goes back three years.

Is the complaint timely? Why or why not?
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Jurisdiction Authority
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Determining Jurisdiction Authority
____________

• The complaint should meet the following basic
  criteria
• It must allege discrimination on a basis
  prohibited by one of the statutes enforced.
• It must allege that discrimination is occurring
  in a program or activity that receives Federal
  financial assistance from your agency.
• The issue/subject matter addressed by the
  complaint must be covered by one or more of the
  statutes enforced.

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Determining Jurisdiction Authority
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• For purposes of WIA, One-Stop partners, as
  defined in section 121(b) of WIA, are treated as
  recipients, and are subject to the
  nondiscrimination and equal opportunity
  requirements of this part, to the extent that
  they participate in the One-Stop delivery system.
  See 37.4 for the definition of recipient.

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Activity Determining Jurisdiction and Authority

• Purpose
• Use scenarios as an exercise in applying
  regulatory requirements to determine
  jurisdiction and authority.
• Task
• You are a member of a Complaint Intake Unit.
  You have been asked to review letters of
  complaints to determine whether the recipient has
  jurisdiction and authority.
• Decide whether the complaint is covered under
  Section 188 of WIA and why.
• You will be asked to share your conclusions with
  the workshop.
• Time 20 minutes

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Authority

• Complainant alleges nepotism.

Does the recipient have authority in this matter?
Why or why not?
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Authority

• Complainant alleges pre-selection.

Does the recipient have authority in this matter?
Why or why not?
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Authority

• Complaint alleges discrimination because s/he is
  not a voter.

Does the recipient have authority in this matter?
Why or why not?
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Jurisdiction

• A 1-Stop Center staff person alleges sexual
  harassment by a person that delivers to the
  1-Stop Center.

Does the recipient have jurisdiction over this
matter? Why or why not?
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Jurisdiction

• Complainant alleges discrimination in a program
  receiving financial assistance from another
  Federal agency that is in the 1-Stop System.

Does the recipient have jurisdiction over this
matter? Why or why not?
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Jurisdiction

• Complainant alleges discrimination against an
  employer to whom the complainant was referred to
  by the 1-Stop Center.

Does the recipient have jurisdiction over this
matter? Why or why not?
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Any Questions?