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BAY CONSORTIUM WORKFORCE INVESTMENT BOARD

By Frederick Daniels,2014-08-11 20:21
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BAY CONSORTIUM WORKFORCE INVESTMENT BOARD

    BAY CONSORTIUM WORKFORCE INVESTMENT BOARD

    EQUAL OPPORTUNITY DISCRIMINATION COMPLAINT POLICY

Purpose

    To communicate the requirement of Bay Consortium Workforce Investment Area’s One-Stop Centers Service Providers to adopt and publish procedures providing for the prompt and equitable resolution of complaints alleging violation of WIA nondiscrimination and equal opportunity provision.

References

    P.L. 105-220, Workforce Investment Act, Section 188, (a) (2), (4), (5)

    29 CFR Part 37, Department of Labor, Office of the Secretary, Implementation of the Nondiscrimination and Equal Opportunity Provisions of the Workforce Investment Act: Final Rule, November 12, 1999.

Policy Statement

    Bay Consortium Workforce Investment Board shall ensure nondiscrimination and equal opportunity in admission or access to, opportunity or treatment in, or employment, in the administration of or in connection with any program or activity funded in whole or in part with WIA funds. Any person, who believes he or she has been subjected to discrimination based on race, color, religion, sex, national origin, age, disability, political affiliation or belief, and for beneficiaries only, citizenship, or participation in WIA, has the right to file a complain within 180 days of the alleged discrimination.

    The person has the right to file a complaint with the Equal Opportunity Officer, Bay Consortium Workforce Investment Board, 457 Main Street, P.O. Box 1117, Warsaw, VA 22572 or directly with the Director, Civil Rights Center (CRC), U.S. Department of Labor, 200 Constitution Avenue, N.W., and Room N-4123, WASHINGTON D.C. 20210. If the complainant elects to file a complaint with Bay Consortium Workforce Investment Board, the Bay Consortium Workforce Investment Board shall have 90 days to process a compliant and issue a decision. If the Bay Consortium Workforce Investment Board does not provide a written decision within 90 days of the filing of the complaint, the complainant need not wait for a decision to be issued, but may file a complaint with CRC within 30 days of the expiration of the 90-day period. If a complainant is not satisfied with the Bay Consortium Workforce Investment Board’s resolution, the complainant may file a complaint with CRC. Such complaint must be filed within 30 days of the date the complainant received notice of the Bay Consortium Workforce Investment Board’s proposed resolution.

Bay Consortium Workforce Investment Board has designated the Executive 1Director as their Equal Opportunity Officer, who will be responsible for adopting

    and publishing complaint procedures, and ensuring that they are followed. To communicate the discrimination complaint policy, “Equal Opportunity Is The Law” posters in English and Spanish shall be placed in a prominent location,

    which are accessible to applicants for employment, applicants for program services and/or funding, participants, employees, terminees and other interested parties. The poster contains a nondiscrimination and equal opportunity statement, as well as information about filing a complaint.

Bay Consortium Workforce Investment Area’s One-Stop Centers and Service

    Providers shall include in orientations to employees and/or participants a discussion of their rights under the nondiscrimination and equal opportunity provisions of WIA and the right to file a complaint of discrimination with either the LWIB or the CRC. Communication of policy shall be documented on a notification instrument for employees and applicants/participants, and retained in individuals’ files. Bay Consortium Workforce Investment Board shall ensure audiotape access to “Equal Opportunity Is The Law” for individuals with visual disabilities, as well as persons who have difficulty reading and/or comprehending written materials.

    Where a significant portion of eligible population may need service or information

    in a language other than English or Spanish, the Bay Consoritum Workforce Investment Board shall provide the initial notice and other material in the needed language to the extent possible.

Intimidation And Retaliation Prohibited

    Consistent with 29 CFR, 37.11, intimidation and retaliation against individuals for having filed a complaint; opposing a prohibited practice; furnishing information; assisting or participating in any manner in an investigation, review, hearing or any other activity relate to administration of, exercise of authority under, or privilege secured by, the nondiscrimination and equal opportunity provisions, of WIA is prohibited. In accordance with 29 CFR 37.11, complaints may be filed alleging intimidation and retaliation.

Filing A Discrimination Complaint At The Local Level

     1Training and service providers are not required to designate an Equal Opportunity Officer. The LWIA

    EO Officer is responsible for ensuring training provider compliance with the nondiscrimination and equal

    opportunity requirements of WIA.

A complaint of discrimination may be filed with the Bay Consortium Workforce 2Investment Board EO Officer or the State WIA EO Officer. A complaint must

    be filed within 180 days of the alleged discrimination. The complaint may be filed by the individual or on behalf of the individual by an authorized representative. A complaint must be filed in writing and signed by the complainant of by his or her authorized representative. It is recommended (but not required) that the complaint be filed on USDOL Complaint Information Form (found at the web page address listed below) or on the Bay Consortium WIB EO Complaint Form (which is attached).

    www.vec.state.va.us/pdf/jscomplaint.pdf English

    www.vec.state.va.us/pdf/jsspancomplaint.pdf Spanish

    The complaint document must contain the following information:

    ; complainant’s name and address, or other means by which the

    complainant may be contacted;

    ; identification of individual(s) and/or organization(s) responsible for the

    alleged discrimination;

    ; a description of the complainant’s allegations to (1) determine Bay

    Consortium WIB’s jurisdiction of the complaint, (2) timeliness of the

    complaint, (3) specific prohibited basis or basis of the alleged

    discrimination (i.e.., race, sex, etc.) and (3) apparent merit of the

    complaint.

    The Bay Consortium Workforce Investment Board’s EO Officer is responsible for ensuring publication of the name, title, address, telephone number and TDD number of the EO Officers or other individuals responsible for receiving complaints.

Time Frames

The Bay Consortium Workforce Investment Board’s EO Officer shall notify

    complainants, in writing, of the specific time frames for processing a complaint of discrimination as follows:

    ; If the complainant elects to file with the Bay Consortium WIB, the Bay

    Consortium WIB shall have 90 days to process the complaint and provide

    a determination. Virginia’s discrimination complaint process includes 60

    days for the LWIA to investigate and 30 days for a review at the State

    level, if warranted.

     2 Complaints filed with the State EO Officer against and LWIA will be referred to the Local-level EO

    Officer.

    ; If the complainant elects to file with both CRC and the Bay Consortium

    WIB, the complainant shall be informed that the LWIA has 90 days to

    process the complaint and that CRC shall not investigate the complaint

    until the 90-day period has expired.

    ; If by the end of 90 days from the date on which the complaint was filed

    the Bay Consortium WIB fails to issue a Notice of Final Action, the

    complainant may file a complaint with the Director of CRC within 30 days

    of the expiration of the 90-day period.

    ; Immediately upon determining that it does not have jurisdiction, the Bay

    Consortium WIB EO Officer shall notify the complainant in writing that he

    or she does not have jurisdiction over the complaint, including reasons for

    the determination and the complainant’s right to file with the Director of

    CRC within 30 days of the notice.

    ; The complainant shall be notified that if the complaint is not filed within

    180 days of the alleged discrimination or a complaint has not been filed

    with CRC within 30 days of the receipt of Bay Consortium WIB’s

    determination or expiration of the 90-day period, the Director of CRC may

    extend the time limits for good cause shown.

Processing A Discrimination Complaint

    It is the responsibility of the Bay Consortium Workforce Investment Board’s EO Officer to determine which One-Stop entity has jurisdiction over the complaint. Upon determining that a One-Stop partner has jurisdiction, the complaint shall be recorded in the complaint log (see Record keeping) and deferred to the appropriate One-Stop partner for resolution in accordance with that partner’s 3complaint processing procedures. Where the Bay Consortium WIB EO Officer

    has jurisdiction for a complaint, he or she shall notify complainants, in writing, of the specific time frames for the processing of a discrimination complaint.

     3 Complaints filed against a One-Stop partner on a basis covered under WIA, but not covered by that partner shall be referred to CRC.

    If the complainant elects to file with the Bay Consortium Workforce Investment Board, the Bay Consortium WIB shall have 90 days to process the complaint and provide a determination. During the 90-day period complainants may elect 4 The choice whether to use mediation or the to participate in mediation.

    customary investigative process rests with the complainant.

    Request for mediation shall be referred to the State EO Officer and shall be resolved within a 15 day period of the initial 90 day period. If the complainant elects mediation and there is no resolution, the complaint will be referred for investigation. If mediation is not elected the complaint shall be investigated in accordance with the Bay Consortium WIB’s complaint processing procedures. Such complaint procedures shall include the following elements:

    ; Initial, written notice to the complainant, and a notice that the complainant

    has the right to be represented in the complaint process,

    ; A written statement provided to the complainant that contains a list of the

    issues raised in the complaint and, for each issue, a statement whether

    the Bay Consortium WIB will accept or reject the issue, and the reasons

    for each rejection,

    ; A period for fact-finding or investigation of the issues,

    ; A period during which the NR/MR WIB will attempt to resolve the

    complaint though mediation, and

    ; A written Notice of Final Action provided to the complainant within 90

    days of the date on which the complaint was filed, that contains the Bay

    Consortium WIB’s determination.

Discrimination Complaint Investigation Procedure

    Within 90 days of the date a discrimination complaint is filed, an investigation shall be conducted by the Bay Consortium Workforce Investment Board’s EO Officer or by a designee under the direction of the EO Officer consistent with the Discrimination Complaint Investigation procedure. This procedure shall be used for any discrimination complaint for which a written and signed complaint has been received. (The procedure to be used by the EO Officer is attached).

    All activities and records related to an investigation shall ensure the confidentiality of the complaint and any resulting actions. The investigation must be managed in a manner that does not have an adverse effect on the complainant or any other party related to the complaint.

Responding To A Discrimination Complaint

     4 See VEC Mediation Program Guidelines for specific information of the mediation process.

    The Bay Consortium Workforce Investment Board’s EO Officer shall sign the investigation, including determination and recommendation. The Bay Consortium WIB shall provide a written determination (Notice of Final Action) of the complaint and offer resolution within 90 days of the date the complaint was filed and for each issue filed: 1) include the Bay Consortium WIB’s decision on the issue and an explanation of the reasons underlying the decision: 2) description of the way the parties resolved the issue; and 3) notice that the complainant has the right to file a complaint with the Director of CRC within 30 days of the Notice of Final Action if he or she is dissatisfied with the Bay Consortium WIB’s final

    action on the complaint.

Determinations: The Bay Consortium Workforce Investment Board’s EO

    Officer shall determine at the conclusion of the investigation of a complaint whether there is reasonable cause to believe that a violation occurred. If an investigation results in a reasonable cause finding, the Bay Consortium WIB’s EO Officer shall submit the signed investigative report including determination and recommendation to the State EO Officer for review within 60 days of the filing date. Based on review of the determination, the State EO Officer will determine if further review by the Attorney General’s Office and the VEC Commissioner, or his designee is warranted. If the VEC concurs with the determination, the Bay Consortium WIB’s EO Officer shall issue a written

    determination. The determination shall notify the complainant of the specific findings, the proposed remedial or corrective action and the time in which corrective action must be completed.

    Where a no cause finding is made, the complainant shall be notified in writing. Such a determination represents the final action of the Bay Consortium Workforce Investment Board’s EO Officer. The Bay Consortium WIB’s EO Officer shall notify the complainant of his or her right to file a complaint (not an appeal) with the CRC, if he or she believes the Bay Consortium WIB’s resolution is unsatisfactory. The complainant shall be informed that this right must be exercised within 30 days.

Corrective Action

    If discrimination is found through the process of a complaint investigation, the respondent shall be requested to voluntarily comply with corrective action(s) or conciliation agreement to correct the discriminatory actions or conditions. Actions to correct discrimination deficiencies may include any of the following:

    ; Back pay, or other monetary relief (Federal funds shall not be used to

    provide monetary relief);

    ; Hire or reinstatement;

    ; Promotion;

    ; Benefits or other services denied; and

    ; Any other remedial or affirmative relief such as outreach, recruitment, and

    training to ensure equal opportunity.

Record Keeping

    The Bay Consortium Workforce Investment Board shall maintain an automated or manual log of discrimination complaints to include, name and address of complainant; the basis of the complaint (i.e., race, sex, age, etc.), a description of the complaint; the date the complaint was filed; the disposition and date of disposition of the complaint; and other pertinent information. (A sample log is attached)

    Records pertaining to discrimination complaints, investigations or any other such actions shall be retained for a minimum of three (3) years from the date of resolution.

    Information pertaining to the identity of any persons providing information related to, or assisting in, an investigation or a compliance review shall be maintained in a confidential manner to the extent possible. In the event that it is necessary that a person’s identity be disclosed, the person(s) shall be protected from retaliation.

Attachments:

    Bay Consortium WIB EO Complaint Form

    Discrimination Complaint Investigation Procedure

    Sample Discrimination Complaint Log

    EO Contacts for Program Operators

     EO Contacts for WIA State Partners

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