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

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

Management, CIVIL RIGHS CENTER

Handling Discrimination Complaints: Determining

Timeliness, Jurisdiction & Authority

WIASCSEP

TRADEVETS

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

Retaliation/intimidation/

reprisal

All of the above laws

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

Section 188 of the Workforce Investment Act

Any ageAge Discrimination Act of 1975

SexTitle IX, Education Amendments Act of 1972

DisabilityAmericans with Disabilities ActAmericans with Disabilities Act

DisabilitySection 504 - Rehabilitation Act

Race, color, nat’l originTitle VI - Civil Rights Act of 1964

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

Management, CIVIL RIGHS CENTER

29 CFR Part 37Section 188 of the Workforce Investment Act

29 CFR Part 35Age Discrimination Act of 1975

49 CFR Part 25Title IX - Education Amendments Act of 1972

28 CFR Part 35Americans with Disabilities Act

29 CFR Part 32Section 504 - Rehabilitation Act

29 CFR Part 31Title VI - Civil Rights Act of 1964

Regulations Applicable to USDOL Financial Assistance Recipients

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

Date Complaint Filed

Date of Alleged Discrimination

0 180Days

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:Purpose:

Use scenarios as an exercise in applying the 180 day timeframe.

Task: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: Time: 15 minutes

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

Management, CIVIL RIGHS CENTER

Timeliness

1. 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

3. 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 complaint must be covered by one or more of the statutes enforced.

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 definition of “recipient.”

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:Purpose:

Use scenarios as an exercise in applying regulatory requirements to determine jurisdiction and authority.

Task: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: Time: 20 minutes

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

Management, CIVIL RIGHS CENTER

Authority

1. 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 pre-selection.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

3. 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

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

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

Jurisdiction

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

Management, CIVIL RIGHS CENTER

Jurisdiction

2. 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

3. 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?Any Questions?