Handling Discrimination Complaints: Determining Timeliness, Jurisdiction & Authority

WIA SCSEP TRADE VETS MSFW

Conducted by the U.S. DEPARTMENT OF LABOR, Office of the Assistant Secretary for Administration and Management, CIVIL RIGHS CENTER

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.
Conducted by the U.S. DEPARTMENT OF LABOR, Office of the Assistant Secretary for Administration and Management, CIVIL RIGHS CENTER

Conducted by the U.S. DEPARTMENT OF LABOR, Office of the Assistant Secretary for Administration and Management, CIVIL RIGHS CENTER

Laws Applicable to USDOL Financial Assistance Recipients
Title VI - Civil Rights Act of 1964 Section 504 - Rehabilitation Act Americans with Disabilities Act Title IX, Education Amendments Act of 1972 Age Discrimination Act of 1975 Section 188 of the Workforce Investment Act Race, color, nat’l origin Disability Disability Sex Any age
Race, color, nat’l origin, sex, religion, disability, political affiliation or belief, age, and for (beneficiaries only citizenship or participation in any WIA Title I program or activity

All of the above laws

Retaliation/intimidation/ reprisal
Conducted by the U.S. DEPARTMENT OF LABOR, Office of the Assistant Secretary for Administration and Management, CIVIL RIGHS CENTER

Regulations Applicable to USDOL Financial Assistance Recipients
Title VI - Civil Rights Act of 1964 29 CFR Part 31 Section 504 - Rehabilitation Act Americans with Disabilities Act Title IX - Education Amendments Act of 1972 Age Discrimination Act of 1975 Section 188 of the Workforce Investment Act 29 CFR Part 32 28 CFR Part 35 49 CFR Part 25 29 CFR Part 35 29 CFR Part 37

Conducted by the U.S. DEPARTMENT OF LABOR, Office of the Assistant Secretary for Administration and Management, CIVIL RIGHS CENTER

Conducted by the U.S. DEPARTMENT OF LABOR, Office of the Assistant Secretary for Administration and Management, CIVIL RIGHS CENTER

Determining Timeliness
Complaints alleging discrimination, to be timely, must be filed within 180 days of the alleged discrimination.

Conducted by the U.S. DEPARTMENT OF LABOR, Office of the Assistant Secretary for Administration and Management, CIVIL RIGHS CENTER

Determining Timeliness

0
Date of Alleged Discrimination

Days

180
Date Complaint Filed

Conducted by the U.S. DEPARTMENT OF LABOR, Office of the Assistant Secretary for Administration and Management, CIVIL RIGHS CENTER

Extending the 180 Day Filing Period
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.”

Conducted by the U.S. DEPARTMENT OF LABOR, Office of the Assistant Secretary for Administration and Management, CIVIL RIGHS CENTER

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
Conducted by the U.S. DEPARTMENT OF LABOR, Office of the Assistant Secretary for Administration and Management, CIVIL RIGHS CENTER

Timeliness

2. Complainant filed beyond the 180 day period.
Is the complaint timely? Why or why not?

Conducted by the U.S. DEPARTMENT OF LABOR, Office of the Assistant Secretary for Administration and Management, CIVIL RIGHS CENTER

Timeliness

2. Complaint was received 182 days after date of alleged discrimination.
Is the complaint timely? Why or why not?

Conducted by the U.S. DEPARTMENT OF LABOR, Office of the Assistant Secretary for Administration and Management, CIVIL RIGHS CENTER

Timeliness

2. 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?

Conducted by the U.S. DEPARTMENT OF LABOR, Office of the Assistant Secretary for Administration and Management, CIVIL RIGHS CENTER

Conducted by the U.S. DEPARTMENT OF LABOR, Office of the Assistant Secretary for Administration and Management, CIVIL RIGHS CENTER

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
Conducted by the U.S. DEPARTMENT OF LABOR, Office of the Assistant Secretary for Administration and Management, CIVIL RIGHS CENTER

Determining Jurisdiction & Authority
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
Conducted by the U.S. DEPARTMENT OF LABOR, Office of the Assistant Secretary for Administration and Management, CIVIL RIGHS CENTER

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
Conducted by the U.S. DEPARTMENT OF LABOR, Office of the Assistant Secretary for Administration and Management, CIVIL RIGHS CENTER

Authority

• Complainant alleges nepotism.
Does the recipient have authority in this matter? Why or why not?

Conducted by the U.S. DEPARTMENT OF LABOR, Office of the Assistant Secretary for Administration and Management, CIVIL RIGHS CENTER

Authority

2. Complainant alleges preselection.

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

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Authority

2. Complaint alleges discrimination because s/he is not a voter.
Does the recipient have authority in this matter? Why or why not?

Conducted by the U.S. DEPARTMENT OF LABOR, Office of the Assistant Secretary for Administration and Management, CIVIL RIGHS CENTER

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

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

Conducted by the U.S. DEPARTMENT OF LABOR, Office of the Assistant Secretary for Administration and Management, CIVIL RIGHS CENTER

Jurisdiction
1. 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?

Conducted by the U.S. DEPARTMENT OF LABOR, Office of the Assistant Secretary for Administration and Management, CIVIL RIGHS CENTER

Jurisdiction
1. 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?

Conducted by the U.S. DEPARTMENT OF LABOR, Office of the Assistant Secretary for Administration and Management, CIVIL RIGHS CENTER

Any Questions?

Conducted by the U.S. DEPARTMENT OF LABOR, Office of the Assistant Secretary for Administration and Management, CIVIL RIGHS CENTER