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. 2. 3. 4. 5. Acknowledgement Letter Statement of the Issues Fact-finding Alternative Dispute Resolution 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 Religion National origin Sex Color Age Disability Political affiliation or
belief Citizenship WIA participation

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