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Workforce Investment Field Instruction WIFI No

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SUBJECT: Requirements for WIA Grievance Procedures. REFERENCES: Section 181, Workforce Investment Act. Title 20 CFR Part 652 ? Workforce Investment Act;

Workforce Investment Field Instruction (WIFI) No. 1-03

DATE: July 28, 2003

TO: Maryland Workforce Investment Act (WIA) Grant Recipients

SUBJECT: Requirements for WIA Grievance Procedures

REFERENCES: Section 181, Workforce Investment Act

    Title 20 CFR Part 652 Workforce Investment Act; Final

    Rule

    Title 29 CFR Part 37 Implementation of the

    Nondiscrimination and Equal Opportunity Provisions of the

    Workforce Investment Act of 1998; Final Rule

BACKGROUND

    INFORMATION: WIFI No. 16-99 required WIA grant recipients to adopt and

    publish Discrimination Complaint Processing Procedures in

    accordance with Section 188 of the Workforce Investment

    Act and the WIA Nondiscrimination Regulations at 29 CFR

    Part 37. It was noted in WIFI 16-99 that complaints and

    grievances not alleging discrimination or program complaints

    have no jurisdiction under the Civil Rights Center (CRC)

    regulations at 29 CFR Part 37, but must be processed

    according to Department of Labor , Employment and

    Training Administration (DOLETA) regulations at 20 CFR

    Part 652, Subpart F, Sec. 667.600.

     Many local areas crafted complaint procedures that

    addressed both discrimination complaints and program

    complaints or grievances. This field instruction provides

    further guidance on the requirements for complaints and

    grievances not alleging discrimination on the basis of any of

    the WIA Section 188 prohibited grounds.

ACTION TO

    BE TAKEN: Recipients are required to establish and maintain a

    procedure for processing grievances and complaints not

    alleging discrimination or program complaints. Such

    procedures should meet the standards outlined in the

    attached Requirements for Grievance Procedures,

    Complaints, and State Appeals Processes. Any changes to

    your current grievance procedures should be incorporated

    into your local WIA 5-year plan by letter modification by

    October 1, 2003.

CONTACT

    PERSON: Vernon Brown, (410) 767-2400

EFFECTIVE

    DATE: Immediately

Bernard Antkowiak

    Assistant Secretary

    Division of Workforce Development

Attachment

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    a.) No decision is reached within 60 days; or

    b.) Either party is dissatisfied with the local hearing

    decision.

    III. STATE APPEALS PROCESS

A. Local level grievances appealed to the State should be submitted to

    the Department of Labor, Licensing and Regulation, Office of

    Employment Training, Attn: Executive Director.

B. The State will provide an opportunity for an informal resolution and

    a hearing to be completed within 60 days of the filing of the appeal

    with the State.

C. Grievances filed directly with the State related to local Workforce

    Investment Act programs will be remanded to the local area

    grievance process.

    IV. REMEDIES

A. Remedies that may be imposed for a violation of any requirement

    under WIA Title I shall be limited:

    1.) to suspension or termination of payments under WIA Title I;

    2.) to prohibition of placement of a participant with an employer

    that has violated any requirement under WIA Title I;

    3.) where applicable, to reinstatement of an employee, payment

    of lost wages and benefits, and reestablishment of other

    relevant terms, conditions, and privileges of employment;

    and

    4.) where appropriate, to other equitable relief.

B. Nothing in paragraph (A) shall be construed to prohibit a grievant or

    complainant from pursuing a remedy authorized under another

    Federal, State, or local law for a violation of this title (WIA Title I).

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