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Notes

29 C.F.R. §§ 38.69–38.71

3 sections in range

§38.69. Complaint filing.

29 C.F.R. § 38.69

(a)
Any person or the person's representative who believes that any of the following circumstances exist may file a written complaint:
(1)
A person, or any specific class of individuals, has been or is being discriminated against on the basis of race, color, religion, sex (including pregnancy, childbirth, and related medical conditions, transgender status, and gender identity), national origin (including limited English proficiency), age, disability, political affiliation or belief, citizenship status, or participation in any WIOA Title I-financially assisted program or activity as prohibited by WIOA or this part.
(2)
Either the person, or any specific class of individuals, has been or is being retaliated against as described in § 38.19.
(b)
A person or the person's representative may file a complaint with either the recipient's EO Officer (or the person the recipient has designated for this purpose) or the Director. Complaints filed with the Director should be sent to the address listed in the notice or filed electronically as described in the notice in § 38.35.
(c)
Generally, a complaint must be filed within 180 days of the alleged discrimination or retaliation. However, for good cause shown, the Director may extend the filing time. The time period for filing is for the administrative convenience of CRC, and does not create a defense for the respondent.
Notes, amendments, and revision history

Authority

Authority: 29 U.S.C. 3101 et seq. ; 42 U.S.C. 2000d et seq. ; 29 U.S.C. 794; 42 U.S.C. 6101 et seq. ; and 20 U.S.C. 1681 et seq.

Source

Source: 81 FR 87211, Dec. 2, 2016, unless otherwise noted.

§38.70. Required contents of complaint.

29 C.F.R. § 38.70

Each complaint must be filed in writing, either electronically or in hard copy, and must contain the following information:
(a)
The complainant's name, mailing address, and, if available, email address (or another means of contacting the complainant).
(b)
The identity of the respondent (the individual or entity that the complainant alleges is responsible for the discrimination).
(c)
A description of the complainant's allegations. This description must include enough detail to allow the Director or the recipient, as applicable, to decide whether:
(1)
CRC or the recipient, as applicable, has jurisdiction over the complaint;
(2)
The complaint was filed in time; and
(3)
The complaint has apparent merit; in other words, whether the complainant's allegations, if true, would indicate noncompliance with any of the nondiscrimination and equal opportunity provisions of WIOA or this part.
(d)
The written or electronic signature of the complainant or the written or electronic signature of the complainant's representative.
(e)
A complainant may file a complaint by completing and submitting CRC's Complaint Information and Privacy Act Consent Forms, which may be obtained either from the recipient's EO Officer or from CRC. The forms are available electronically on CRC's Web site, and in hard copy via postal mail upon request. The latter requests may be sent to CRC at the address listed in the notice contained in § 38.35.
Notes, amendments, and revision history

Authority

Authority: 29 U.S.C. 3101 et seq. ; 42 U.S.C. 2000d et seq. ; 29 U.S.C. 794; 42 U.S.C. 6101 et seq. ; and 20 U.S.C. 1681 et seq.

Source

Source: 81 FR 87211, Dec. 2, 2016, unless otherwise noted.

§38.71. Right to representation.

29 C.F.R. § 38.71

Both the complainant and the respondent have the right to be represented by an attorney or other individual of their choice.
Notes, amendments, and revision history

Authority

Authority: 29 U.S.C. 3101 et seq. ; 42 U.S.C. 2000d et seq. ; 29 U.S.C. 794; 42 U.S.C. 6101 et seq. ; and 20 U.S.C. 1681 et seq.

Source

Source: 81 FR 87211, Dec. 2, 2016, unless otherwise noted.