Discrimination Complaint Processing

1
Discrimination Complaint Processing
2
Complaints of Discrimination

• Part I
• Complaint Processing Procedures
• Part II
• Maintaining a Discrimination
• Complaint Log

3
Discrimination Complaint Processing

• Part I
• Complaint Processing Procedures

4
Complaint Processing

• Workforce Investment Act
• Required elements of discrimination
• complaint processing procedures
• 29 CFR Part 37.76

5
Complaint Processing

• Requirements
• Adopt and publish complaint procedures that
  comply with
• 29 CFR Part 37.76
• Issuance of a written Notice of Final Action
  within 90 days

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Complaint Processing

• Required Elements
• Acknowledgement Letter
• Statement of the Issues
• Fact-finding
• Alternative Dispute Resolution
• Notice of Final Action

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Complaint Processing

• Acknowledgement Letter
• Acknowledgement that the recipient has received
  the complaint
• Indication that the complainant is entitled to be
  represented in the complaint process

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Complaint Processing

• Statement of the Issues
• List of issue(s) raised in complaint
• Statement of acceptance or rejection of each
  issue raised, and the reason for each issue
  rejected

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Complaint Processing

• Fact-finding
• Time period for conducting a
• structured investigation into the
• circumstances underlying the
• complaint.

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Complaint Processing

• Resolving Complaints
• A period during which attempts are made to
  resolve complaint(s)
• Method of resolution must include alternative
  dispute resolution (ADR) procedure

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Complaint Processing

• Resolving Complaints, cont.
• ADR procedure must be offered and made voluntary
  for the complainant
• Complainants reaching agreements using ADR may
  file a complaint with the CRC Director in the
  event the agreement is breached.

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Complaint Processing

• Notice of Final Action
• Recipients decision on the issue and
  explanation, or
• Description of process of resolution
• Right to file a complaint with CRC within 30
  days, if dissatisfied

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Recap Complaint Processing

• Comply with 29 CFR Part 37.76
• Five Required Elements
• Acknowledgement Letter
• Statement of the Issues
• Fact-finding
• Alternative Dispute Resolution
• Notice of Final Action

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Discrimination Complaint Processing

• Part II
• Maintaining a Discrimination Complaint Log

15
Discrimination Complaint Log

• Comply with 29 CFR Part 37.37.
• Records all complaints filed alleging
  discrimination on the grounds(bases) in 29 CFR
  Part 37.37.

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Discrimination Complaint Log
Grounds(Bases)

• Race
• Religion
• National origin
• Sex
• Color
• Age

• Disability
• Political affiliation or belief
• Citizenship
• WIA participation

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Discrimination Complaint Log

• Each complaint in the Complaint Log should
• include the following
• Date the complaint was filed
• Name of the complainant
• Address of the complainant
• Status of the complainant
• Grounds(Bases) of complaint

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Discrimination Complaint Log

• Each complaint in the Complaint Log should
• include the following, continue
• Description of Issue
• Disposition
• Date of disposition
• Method of Resolution/Disposition
• Jurisdiction

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Recap Complaint Log

• Comply with 29 CFR Part 37.37
• Record all written complaints alleging
  discrimination on the grounds(bases) in 29 CFR
  Part 37.37.
• Contains all required complaint information