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Handling Discrimination Complaints: Determining Timeliness, Jurisdiction & Authority

Handling Discrimination Complaints: Determining Timeliness, Jurisdiction & Authority. MSFW. WIA. TRADE. SCSEP. VETS. Learning Objectives. Explain the requirements for the initial handling of discrimination complaints.

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Handling Discrimination Complaints: Determining Timeliness, Jurisdiction & Authority

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  1. Handling Discrimination Complaints: Determining Timeliness, Jurisdiction & Authority MSFW WIA TRADE SCSEP VETS Conducted by the U.S. DEPARTMENT OF LABOR, Office of the Assistant Secretary for Administration and Management, CIVIL RIGHS CENTER

  2. 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

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

  4. Title VI - Civil Rights Act of 1964 Race, color, nat’l origin Section 504 - Rehabilitation Act Disability Americans with Disabilities Act Disability Title IX, Education Amendments Act of 1972 Sex Age Discrimination Act of 1975 Any age Section 188 of the Workforce Investment Act 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 Laws 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

  5. Title VI - Civil Rights Act of 1964 29 CFR Part 31 Section 504 - Rehabilitation Act 29 CFR Part 32 Americans with Disabilities Act 28 CFR Part 35 Title IX - Education Amendments Act of 1972 49 CFR Part 25 Age Discrimination Act of 1975 29 CFR Part 35 Section 188 of the Workforce Investment Act 29 CFR Part 37 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

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

  7. 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

  8. Determining Timeliness ____________ 0 Days 180 Date of Alleged Discrimination Date Complaint Filed Conducted by the U.S. DEPARTMENT OF LABOR, Office of the Assistant Secretary for Administration and Management, CIVIL RIGHS CENTER

  9. 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

  10. 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

  11. Timeliness • 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

  12. Timeliness • 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

  13. Timeliness • 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

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

  15. 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

  16. 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 deliverysystem.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

  17. 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

  18. 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

  19. Authority • 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

  20. Authority • 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

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

  22. Jurisdiction • 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

  23. Jurisdiction • 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

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

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