WIA Complaint Procedures

1. WIA Complaint Procedures Review of the WIA Complaint Procedures Manual ODJFS - BCR July 2008

2. Contents Page • This manual consists of sixteen sections, beginning with I., Regulatory Authority and ending with XVI., Attachment Index. • Pages 19-29 are attachments, useful for documenting steps in the complaint process. • The manual was edited and updated in March of 2008. ODJFS - BCR July 2008

3. Regulatory Authority • Page two begins with the regulatory authority for the complaint process under the Workforce Investment Act of 1998. • Key statutes are Title VI of the Civil Rights Act of 1964, as amended; and sections 181 and 188 of WIA. (Public Law 105-220) • Regulations at 29 CFR and 20 CFR govern complaint handling. ODJFS - BCR July 2008

4. Purpose • The purpose of the manual is to assist in the receipt, processing and resolution of WIA-based programmatic complaints. • It also sets forth the requirement that complaints alleging unlawful discrimination are to be referred to the Ohio Department of Job and Family Services Bureau of Civil Rights. ODJFS - BCR July 2008

5. Definitions • This subsection of the manual beginning on page two and ending on page four defines terms used in the manual and several other “terms of art” applicable to employment and training programs and activities. • U.S.DOL uses the term “recipient” to identify both state and local E&T entities. ODJFS - BCR July 2008

6. Introduction • This subsection, beginning on page four, gives general background information; discusses complaint filing rights and time limits; and makes a reference to Alternative Dispute Resolution (ADR) which is outlined later in subsection IX. • An important point to remember here is that almost anyone may file a complaint. ODJFS - BCR July 2008

7. Agency Addresses • This part of the manual, on page five, provides contact information for state and federal offices which may become involved in the administration of WIA complaint procedures. • Appeals of local level hearing decisions, filed with the Bureau of Civil Rights, are then referred to the Office of Legal Services for State Level Review. ODJFS - BCR July 2008

8. Programmatic Complaints • Page six discusses generally the receipt and handling of programmatic complaints, both locally and at the state recipient level. • Also addressed are conditions when such complaints may be filed with BCR directly. • Cases may be remanded if local remedies have not been exhausted. • See: www.dol.gov for access to WIA regulations…and… ODJFS - BCR July 2008

9. Fraud And Abuse & ADR • Page seven provides information about the federal contact point for those who allege fraud and abuse in E&T programs. • Subsection IX., on pages seven and eight discusses Alternative Dispute Resolution, which is advocated by DOL for discrimination complaints. • Contact BCR for mediation needs. ODJFS - BCR July 2008

10. Notification of Rights and Benefits • Page nine, Orientation of WIA Participants • Complaint Procedures • Page ten, Confidentiality • Prohibition Against Retaliation- Section 184(f) of WIA prohibits retaliating against any person because such person has filed a complaint… ODJFS - BCR July 2008

11. Roles and Responsibilities • Equal Opportunity Officers and their Alternates, pages ten eleven and twelve • Hearing Officers and Alternates (pages twelve and thirteen)---standards for selection; preparation for and conduct of hearings (hearing officer=programmatic complaint). • Safeguarding due process rights ODJFS - BCR July 2008

12. Hearing Procedures… • Request for Hearing (page thirteen) • Notification of Hearing (page fourteen) • Conduct of Hearing (page fourteen) • Hearing Officer’s Decision (page fifteen) • Record of Hearing (page fifteen) • Request for Review (page sixteen) ODJFS - BCR July 2008

13. Prehearing Conference • These procedures apply to programmatic complaints filed initially at the state recipient level (see also: page six) • Informal resolution of issues, if possible • Simplification of case, if full and fair resolution is not possible • Compulsory step, cannot be waived ODJFS - BCR July 2008

14. Performance Standards… • On page seventeen, the manual sets forth the right of local entities to contest findings concerning performance standards and/or reorganization plans • After a formal complaint is filed, the state recipient holds a Prehearing Conference • If no resolution is reached, a state level hearing is held ODJFS - BCR July 2008

15. Labor Standards • On page seventeen, notice is given of the right to file complaints alleging violations of section 181 (b) of WIA, pertaining to labor standards • Such complaints may be filed with the Secretary of Labor, under the conditions listed ODJFS - BCR July 2008

16. Attachment Index • Page eighteen of the manual lists the attachments which are included at pages nineteen through twenty-nine • These are sample documents which may be adapted to meet specific needs • They are intended to illustrate the importance of documenting steps in the complaint procedure ODJFS - BCR July 2008

17. Summarization • Documentation of the complaint process is critical • EO Officers must be impartial fact finders • Hearing Officers must be impartial fact finders and decision makers • WIA participants must know their rights, as well as their responsibilities • Appeal rights extend to DOL ODJFS - BCR July 2008

18. More Information • Rules: 5101:9-2-03 and 5101:9-2-05 • Programmatic and Discrimination Complaints • ODJFS Bureau of Civil Rights website, http://jfs.ohio.gov/civilrights/ • WIA Equal Opportunity Guide • Questions??? Call: (614) 644-2703 or call me direct at: (614) 995-9980 ODJFS - BCR July 2008