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Discrimination Complaint

Processing
Complaints of Discrimination

Part I
Complaint Processing Procedures

Part II
Maintaining a Discrimination
Complaint Log
Discrimination
Complaint
Processing

Part I
Complaint Processing
Procedures
Complaint Processing

Workforce Investment Act

Required elements of discrimination


complaint processing procedures
29 CFR Part 37.76
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
Complaint Processing

Required Elements
1. Acknowledgement Letter

1. Statement of the Issues

1. Fact-finding

1. Alternative Dispute Resolution

1. Notice of Final Action


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
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
Complaint Processing

Fact-finding

Time period for conducting a


structured investigation into the
circumstances underlying the
complaint.
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
Complaint Processing

Resolving Complaints, con’t.

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.
Complaint Processing

Notice of Final Action


Recipient’s decision on the issue and
explanation, or

Description of process of resolution

Right to file a complaint with CRC


within 30 days, if dissatisfied
Recap – Complaint Processing

 Comply with 29 CFR Part 37.76


 Five Required Elements
1. Acknowledgement Letter
2. Statement of the Issues
3. Fact-finding
4. Alternative Dispute Resolution
5. Notice of Final Action
Discrimination
Complaint
Processing

Part II
Maintaining a Discrimination
Complaint Log
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.
Discrimination Complaint Log

Grounds(Bases)
Race
Disability
Religion
Political affiliation or
National origin belief
Sex Citizenship
Color WIA participation
Age
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
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
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

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