**[NEW WIA EO Officer Toolkit]{.underline}**

1.  **Introduction and welcome message from the Director of the Civil
    Rights Center (CRC)**

> Dear Equal Opportunity Officer:
>
> We are pleased to provide you with the Civil Rights Center's (CRC's)
> Toolkit for New Equal Opportunity (EO) Officers. This toolkit is
> intended to serve as a source of basic information for those of you
> who are new to your positions as EO Officers. We hope to add more
> information to the toolkit in the future.
>
> The EO Officers' toolkit is a collection of reference works, forms,
> templates, and tools to help those of you with responsibility for
> addressing equal opportunity and nondiscrimination issues in the
> workforce system to understand your responsibilities and effectively
> perform your duties. The tools and templates provided within the
> toolkit can be modified to fit your needs and the needs of the
> recipient(s) and/or area(s) for which you are responsible. The toolkit
> also pulls together various resources that are available on the CRC
> website.
>
> The toolkit does not discuss all of your obligations under the laws
> enforced by CRC. However, it is geared towards providing you with a
> basic understanding of the scope of your duties. You are strongly
> encouraged to review the applicable statutes and regulations
> highlighted in this toolkit and contact CRC with any questions that
> you may have.
>
> Annabelle T. Lockhart

2.  **Acknowledgements**

> Thank you to the State EO Officers who provided input regarding the
> elements they thought were essential to include in this toolkit. Their
> suggestions were used to shape content. In particular, as a result of
> their suggestions, we have provided templates for such documents as
> complaint information forms and sample letters to be used throughout
> the process of handling a discrimination complaint. In response to
> several requests for checklists, we have also provided links to the
> U.S. Department of Labor's ("USDOL's" or "the Department's") WIA
> Section 188 Disability Checklist and MOA Analysis Checklist, and plan
> to provide additional checklists in the future.

3.  **Disclaimer**

> Content provided in this toolkit does not create new legal
> obligations, and is not a substitute for the U.S. Code, Code of
> Federal Regulations, and Federal Register, which are the official
> sources for applicable statutes, regulations, notices, and other
> relevant documents.

4.  **Definitions of Terms/Acronyms Used Throughout This Toolkit**

-   Beneficiary: The individual or individuals intended by Congress to
    receive (and benefit from) aid, benefits, services, or training from
    a recipient of Federal financial assistance under a program or
    activity established by Federal statute.

-   CRC: U.S. Department of Labor / Office of the Assistant Secretary
    for Administration and Management / Civil Rights Center.

-   Department: the U.S. Department of Labor.

-   Federal financial assistance: The term "Federal financial
    assistance" refers to more than just dollars and cents. It can
    include nonmonetary forms of assistance, such as the provision of
    personnel at the grantmaking agency's expense or the grant or
    donation of property, among other things. The regulations of various
    Federal departments and agencies use similar, if not identical,
    language to define Federal financial assistance. For a definition of
    Federal financial assistance under Title I of the Workforce
    Investment Act of 1998 (WIA), see 29 CFR 37.4.

-   Recipient: Any entity that receives financial assistance under WIA
    Title I, either directly from the Department or through a Governor
    or another recipient. The term does not include the ultimate
    beneficiaries of a program or activity that receives financial
    assistance under WIA Title I. Under some circumstances, a Governor
    may be considered a recipient. Also, One-Stop partners (as defined
    in section 121(b) of WIA, 29 U.S.C. 2841(b)) are considered to be
    "recipients" to the extent that they participate in the One-Stop
    delivery system, even if they receive their financial assistance
    from a Federal grantmaking agency other than the Department.

-   WIA: The Workforce Investment Act of 1998, as amended. WIA is the
    law that established the unique, nationwide workforce preparation
    and employment system known as the "One-Stop Career Center service
    delivery system," "the workforce system," and other similar names.
    Section 188 of WIA, which contains WIA's requirements related to
    nondiscrimination and equal opportunity, is discussed in the
    "Statutes" table below.

-   WIA Title I: Title I of the Workforce Investment Act. Title I
    contains the WIA provisions that relate to Statewide and local
    workforce investment systems; the Job Corps youth training program
    and other national programs; the administrative requirements for
    those workforce investment systems and programs (including the
    requirements related to nondiscrimination and equal opportunity);
    and the definitions that apply throughout the title.

5.  **Applicable Statutes and Regulations**

> Below are the statutes and regulations applicable to recipients of
> Federal financial assistance from the Department of Labor:
>
> [Statutes]{.underline}
>
> A Federal statute is a law enacted by Congress. The terms in the
> left-hand column below are the names by which particular statutes are
> popularly known. The descriptions in the right-hand column below
> include the citations under which each statute may be found in the
> U.S. Code.

+------------+---------------------------------------------------------+
| **         | **Description**                                         |
| Statutes** |                                                         |
+------------+---------------------------------------------------------+
| [Section   | Section 188 of the Workforce Investment Act (WIA)       |
| 188 of the | prohibits discrimination on the basis of race, color,   |
| Workforce  | national origin, sex, religion, disability, political   |
| Investment | affiliation or belief, age, and for beneficiaries only, |
| Act](      | citizenship or participation in any WIA Title I program |
| http://www | or activity. Such discrimination is prohibited in the   |
| .dol.gov/o | provision of services under WIA Title I, as well as in  |
| asam/regs/ | employment "in the administration of, or in connection  |
| statutes/s | with," any program or activity that receives financial  |
| ec188.htm) | assistance under WIA Title I.                           |
|            |                                                         |
| [Online    |                                                         |
| Training   |                                                         |
| Availabl   |                                                         |
| e](http:// |                                                         |
| section188 |                                                         |
| .elearning |                                                         |
| .dol.gov/) |                                                         |
+------------+---------------------------------------------------------+
| [Section   | Section 504 of the Rehabilitation Act of 1973, as       |
| 504 --     | amended, 29 U.S.C. §794, (\"Section 504\"), prohibits   |
| Reha       | discrimination on the basis of disability in any        |
| bilitation | program or activity receiving Federal financial         |
| Act]       | assistance, and requires recipients of such assistance  |
| (http://ww | to take positive steps (such as providing accessibility |
| w.dol.gov/ | and reasonable accommodations) to ensure equal          |
| oasam/prog | opportunity for persons with disabilities in their      |
| rams/crc/s | programs and activities.                                |
| ec504.htm) |                                                         |
|            |                                                         |
| [Online    |                                                         |
| Training   |                                                         |
| Availabl   |                                                         |
| e](http:// |                                                         |
| section504 |                                                         |
| .elearning |                                                         |
| .dol.gov/) |                                                         |
+------------+---------------------------------------------------------+
| [Title VI  | Title VI of the Civil Rights Act of 1964, as amended,   |
| -- Civil   | 42 U.S.C. § 2000d, [et]{.underline} [seq]{.underline}.  |
| Rights Act | (\"Title VI\"), prohibits discrimination on the basis   |
| of         | of race, color, or national origin in any program or    |
| 1964](h    | activity receiving Federal financial assistance.        |
| ttp://www. |                                                         |
| dol.gov/oa |                                                         |
| sam/regs/s |                                                         |
| tatutes/ti |                                                         |
| tlevi.htm) |                                                         |
+------------+---------------------------------------------------------+
| [Americans | The Americans with Disabilities Act (ADA) prohibits     |
| with       | discrimination on the basis of disability in            |
| Di         | employment, state and local government activities,      |
| sabilities | public accommodations, commercial facilities,           |
| Act](      | transportation, and telecommunications. The ADA also    |
| http://www | requires covered entities to take positive steps (such  |
| .dol.gov/o | as providing accessibility and reasonable               |
| asam/progr | accommodations) to ensure equal opportunity for persons |
| ams/crc/ad | with disabilities. Title II of the ADA applies to State |
| a_iia.htm) | and local governments, regardless of whether they       |
|            | receive Federal financial assistance. Title I of the    |
|            | ADA contains employment-related provisions, which apply |
|            | to most recipients in their capacity as employers.      |
|            |                                                         |
|            | N.B.: the requirements of ADA Title I also apply to     |
|            | recipients, or offices/individual staff members within  |
|            | recipients, that act as employment agencies. For an     |
|            | explanation of the employment-agency issue, see slide   |
|            | 16 of the PowerPoint presentation linked here.          |
|            | <http://www.dol.gov                                     |
|            | /oasam/programs/crc/AskingTellingUsingStoringOct05.ppt> |
+------------+---------------------------------------------------------+
| [Title IX, | Title IX is a comprehensive Federal law that prohibits  |
| Education  | discrimination on the basis of sex in any education     |
| Amendments | program or activity that receives Federal financial     |
| Act of     | assistance. The principal objective of Title IX is to   |
| 1972](     | avoid the use of Federal resources to support sexually  |
| http://www | discriminatory practices, such as sexual harassment and |
| .dol.gov/o | employment discrimination, in education programs, and   |
| asam/progr | to provide individual citizens with effective           |
| ams/crc/ti | protection against those practices. Title IX applies,   |
| tleix.htm) | with a few specific exceptions, to all aspects of       |
|            | education programs or activities that receive Federal   |
|            | financial assistance.                                   |
|            |                                                         |
|            | Note: This category extends beyond traditional          |
|            | educational institutions such as colleges,              |
|            | universities, and elementary and secondary schools;     |
|            | Title IX also applies to any education or training      |
|            | program operated by a recipient of Federal financial    |
|            | assistance.                                             |
+------------+---------------------------------------------------------+
| [Age       | The Age Discrimination Act of 1975 is a Federal law     |
| Disc       | that prohibits discrimination on the basis of age in    |
| rimination | programs or activities receiving Federal financial      |
| Act of     | assistance. The Age Discrimination Act applies to       |
| 1975](h    | persons of all ages. It does not cover employment       |
| ttp://www. | discrimination.                                         |
| dol.gov/oa |                                                         |
| sam/regs/s |                                                         |
| tatutes/ag |                                                         |
| e_act.htm) |                                                         |
+------------+---------------------------------------------------------+

> [Implementing Regulations]{.underline}
>
> After Congress enacts a statute and it is signed into law by the
> President, the Federal department or agency that is charged with
> putting the statutory requirements into operation will develop and
> publish implementing regulations. In some cases, such as that of
> Section 504 of the Rehabilitation Act, more than one Federal agency
> will be required to promulgate regulations implementing the same
> statute. The Section 504 regulations cited below are those that have
> been promulgated by USDOL to apply to recipients of financial
> assistance from the Department.

  ---------------------------------- ------------------------------------------------------------------------
  **Statutes**                       **Associated Regulations**

  Section 188 of the Workforce       [29 CFR Part 37](http://www.dol.gov/oasam/regs/cfr/29cfr37(2001).pdf)
  Investment Act                     

  Section 504 -- Rehabilitation Act  [29 CFR Part 32](http://www.dol.gov/oasam/regs/cfr/29cfr32(2001).pdf)

  Title VI -- Civil Rights Act of    [29 CFR Part 31](http://www.dol.gov/oasam/regs/cfr/29cfr31(2001).pdf)
  1964                               

  Americans with Disabilities Act,   [28 CFR Part 35](http://www.dol.gov/oasam/programs/crc/29CFRPart35.pdf)
  Title II                           

  Americans with Disabilities Act,   [29 CFR part
  Title I                            1630](http://www.access.gpo.gov/nara/cfr/waisidx_03/29cfr1630_03.html)

  Title IX, Education Amendments Act [34 CFR Part 106](http://www.ed.gov/policy/rights/reg/ocr/34cfr106.pdf)
  of 1972                            

  Age Discrimination Act of 1975     [29 CFR Part 35](http://www.dol.gov/oasam/programs/crc/29CFRPart35.pdf)
  ---------------------------------- ------------------------------------------------------------------------

6.  **Equal Opportunity Officer Roles and Responsibilities**

> An Equal Opportunity Officer is responsible for coordinating a
> recipient\'s obligations under 29 CFR Part 37.25. Those
> responsibilities include, but are not limited to:

-   Serving as the recipient\'s liaison with CRC;

-   Monitoring and investigating the recipient\'s activities, and the
    activities of the entities that receive WIA Title I financial
    assistance from the recipient, to make sure that the recipient and
    its sub-recipients are not violating their nondiscrimination and
    equal opportunity obligations under WIA Title I and 29 CFR Part 37;

-   Reviewing the recipient\'s written policies to make sure that those
    policies are nondiscriminatory;

-   Developing and publishing the recipient\'s procedures for processing
    discrimination complaints, and making sure that those procedures are
    followed;

-   Reporting directly to the appropriate official about equal
    opportunity matters;

-   Undergoing training (at the recipient\'s expense) to maintain
    competency; and

-   If applicable, overseeing the development and implementation of the
    recipient\'s Methods of Administration under 29 CFR § 37.54.

[More Information Regarding EO Officer Responsibilities]{.underline}

a.  Reporting Relationships for EO Matters, Priority of
    Responsibilities, and Conflicts of Interest

> Equal Opportunity Officers are required to report directly to an
> appropriate official within his/her organization (such as the State
> WIA Director, Governor's WIA Liaison, Job Corps Center Director, SESA
> Administrator, or LWIA Administrator) about equal opportunity matters.
>
> This means that EO Officers must report directly to the
> highest-ranking official in their organizations. If the EO Officer
> does not report directly to the top official, she or he must have
> access to that person without undue delay or obstructions, to ensure
> that the necessary flow of information between the EO Officer and the
> top official is not hindered.
>
> An EO Officer may be assigned other duties, but he or she must be able
> to give top priority to, and to adequately accomplish all of, his/her
> responsibilities under WIA Section 188 and the WIA nondiscrimination
> regulations. Additionally, s/he must not have other responsibilities
> or activities that create a conflict, or the appearance of a conflict,
> with his or her duties as an EO Officer.

b.  Methods of Administration

> Each state is required to develop and submit to CRC a Methods of
> Administration (MOA). An MOA is a document that outlines the equal
> opportunity policies, procedures, and systems established by a
> State\'s Governor to give a reasonable guarantee that the State and
> its recipients will comply with Federal equal opportunity and
> nondiscrimination requirements. Each MOA must include narratives
> describing the actions the State is taking, and documentation that
> demonstrates that the State is actually taking those actions. A
> State's EO Officer is responsible for overseeing the development and
> implementation of the State's MOA.
>
> Resources:

-   [[State Methods of Administration Equal Opportunity
    Guidance]{.underline}](http://www.dol.gov/oasam/regs/fedreg/notices/State-MOA_EO-Guidance.htm)

-   [[MOA Analysis
    Checklist]{.underline}](http://www.dol.gov/oasam/programs/crc/MOAchecklist.htm)

    a.  Complaint Processing

> Each EO Officer is responsible for developing and publishing the
> procedures for processing discrimination complaints that will be used
> within his or her area of jurisdiction. For example, a State EO
> Officer is responsible for the discrimination complaint procedures to
> be used at the State level; s/he may also be responsible for the
> procedures to be used at other recipient levels, if the State's MOA so
> states. The EO Officer is also responsible for making sure that the
> procedures are followed. The paragraphs below describe the legal
> requirements that govern the complaint process.
>
> The WIA nondiscrimination regulations provide that "Any person who
> believes that either he or she, or any specific class of individuals,
> has been or is being subjected to discrimination prohibited by WIA or
> 29 CFR Part 37, may file a written complaint, either by him/herself or
> through a representative." This language essentially means that anyone
> may file a complaint if s/he believes that discrimination is taking
> place within the One-Stop system, or that WIA Section 188 or the WIA
> nondiscrimination regulations are being violated. The complaint may be
> filed at the recipient level, under the procedures developed and
> published by the appropriate EO Officer, or at the Federal level with
> CRC, as the complainant chooses.
>
> Example complaint information form: Appendix A

i.  Determining Timeliness

> []{.mark}
>
> Complaints alleging discrimination, to be timely, must be filed within
> 180 **[calendar]{.underline}** days of the alleged discrimination.
> Only the Director of the Civil Rights Center has the authority to
> extend the 180 day time frame, even for complaints that are filed at
> the recipient level. Extensions are granted only for "good cause
> shown." This means that the complainant must request an extension from
> the CRC Director and explain why the extension is justified. If the
> complainant fails to show good cause, the Director will deny the
> extension request.
>
> []{.mark}

ii. Determining Jurisdiction and Authority

> Each complaint must be filed in writing, and must contain the
> following information:

a.  The complainant\'s name and 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:

    i.  CRC or the recipient, as applicable, has jurisdiction over the
        complaint;

    ii. The complaint was filed in time; and

    iii. The complaint has apparent merit; in other words, whether the
         complainant\'s allegations, if true, would violate any of the
         nondiscrimination and equal opportunity provisions of WIA or
         this part; and

d.  The complainant\'s signature or the signature of the complainant\'s
    authorized representative.

    i.  Required Elements of Complaint Processing Procedures

> []{.mark}
>
> 29 CFR Part 37 outlines specific elements that must be addressed in a
> recipient's complaint processing procedures. The State or the LWIA
> grant recipient, as provided in the State's Methods of Administration,
> must develop and publish complaint processing procedures as required
> in 29 CFR § 37.76. Those procedures are applicable to the State or
> LWIA and the service providers within that State or LWIA. The
> procedures must include the following elements:

-   [Initial written notice]{.underline}: This document must notify the
    complainant that the recipient has received the complaint, and
    inform the complainant of the right to representation.

-   [Written statement of issues]{.underline}: This statement, which is
    to be provided to the Complainant, must list the issues raised, and
    for each issue, state whether the recipient will accept the issue
    for investigation or reject the issue. If an issue is rejected, the
    statement must include the reason for the rejection.

-   [Process for Fact-finding]{.underline}: The recipient's procedures
    must include a period for fact-finding or investigation of the
    circumstances underlying the complaint.

> It is suggested that recipients establish a fact-finding process,
> explain how it works, state applicable time frames involved, and the
> identity of the individual or individuals responsible for the process.

-   [Alternative Dispute Resolution (ADR) Process]{.underline}: The
    recipient's procedures must include a period during which the
    recipient attempts to resolve the complaint. The methods available
    to resolve the complaint must include alternative dispute resolution
    (ADR). The choice whether to use ADR or the customary process rests
    with the complainant.

> It is suggested that recipients state the specific ADR process they
> will use, the identity of the individuals(s) who will conduct ADR, how
> the process will operate, and applicable timeframes.
>
> If the parties do not reach an agreement under ADR, the complainant
> may file a complaint with the Director of the CRC.
>
> A party to any agreement reached under ADR may file a complaint with
> the Director in the event the agreement is breached. The non-breaching
> party may file a complaint with the Director within 30 days of the
> date on which the nonbreaching party learns of the alleged breach. The
> Director will evaluate the circumstances to determine whether the
> agreement has been breached. If he or she determines that the
> agreement has been breached, the complainant may file a complaint with
> CRC based upon his/her original allegation(s), and the Director will
> waive the time deadline for filing such a complaint.

-   [Written Notice of Final Action]{.underline}: A Notice of Final
    Action must be provided to the complainant within 90 days of the
    date on which the complaint was filed. For each issue raised in the
    complaint, the Notice must contain the following:

    -   The recipient's decision on the issue and an explanation of the
        reasons underlying the decision, or

    -   A description of the way the parties resolved the issue; and

    -   Notice that the complainant has a right to file a complaint with
        CRC within 30 days of the date on which the complainant receives
        the Notice of Final Action if he/she is dissatisfied with the
        recipient's final action on the complaint.

        i.  Complaint Processing Sample Letters: Appendix B

        ii. Complaint Log

> 29 CFR § 37.37 (c) requires each recipient to maintain, and submit to
> the Civil Rights Center when requested, a log of complaints filed with
> it that allege discrimination on the ground(s) of race, color,
> religion, sex, national origin, age, disability, political affiliation
> or belief, citizenship, and/or participation in a WIA Title
> I-financially assisted program or activity. The EO Officer should make
> sure that this log is being kept, as part of his/her overall
> monitoring responsibilities.

-   [Sample [Discrimination Complaint
    Log](http://www.dol.gov/oasam/programs/crc/Discrimination3.htm)
    [\[xls\]](http://www.dol.gov/oasam/programs/crc/DiscriminationComplaintLog-revised.xls)]{.underline}

-   [Instructions for Sample [Discrimination Complaint
    Log](http://www.dol.gov/oasam/programs/crc/ComplaintLogInstructions-revised.doc)]{.underline}

    a.  Monitoring compliance with the nondiscrimination and equal
        opportunity provisions of WIA and their implementing
        regulations.

> Each Governor is required to establish one or more systems to monitor
> compliance by the State and its recipients with the nondiscrimination
> provisions of WIA and their implementing regulations. The system(s)
> must contain specific elements. Examples of some of the required
> elements:

-   a statistical or other quantifiable analysis of records and data,
    including analyses by race/ethnicity, sex, age, and disability
    status;

-   an investigation of any significant differences identified by the
    statistical or quantifiable analysis, to determine whether these
    differences appear to be caused by discrimination;

-   an assessment to determine whether the State and/or its recipients
    have fulfilled their administrative obligations under WIA Section
    188 and 29 CFR part 37 (such as recordkeeping and providing notice
    and communication). CRC recommends that this assessment include a
    review of the State's or recipient's compliance with its obligations
    related to the designation of, and support for, its EO Officer;

-   policy communication and training to ensure that EO Officers and
    other relevant staff members are aware of and can effectively carry
    out their regulatory responsibilities;

-   review of the State's and its recipients' job training plans,
    contracts, assurances, and other similar documents and agreements to
    ensure that they are both nondiscriminatory and contain required
    language regarding nondiscrimination and equal opportunity.

> CRC recommends that States communicate monitoring requirements to
> their recipients. In addition, States must ensure that the required
> monitoring is occurring and that follow-up action is taken where
> necessary. The WIA nondiscrimination regulations place responsibility
> on each recipient's EO Officer for ensuring that monitoring takes
> place.
>
> Below are links to one possible tool that may be helpful in the
> monitoring process, DOL's WIA Section 188 Disability Checklist, and to
> training about the Checklist that CRC has developed. We plan to update
> this toolkit periodically to provide links to additional monitoring
> instruments that may be useful. Additionally, the data analysis
> section of this toolkit provides information regarding how to analyze
> data to determine if there are significant differences across various
> groups.

i.  WIA [Section 188 Disability
    Checklist](http://www.dol.gov/oasam/programs/crc/WIASection188DisabilityChecklist.htm)

ii. WIA [Section 188 Disability Checklist
    Training](http://www.dol.gov/oasam/programs/crc/Sec188.htm)

```{=html}
<!-- -->
```
a.  Notice and Communication Requirements

> As part of his/her overall monitoring responsibilities under the WIA
> nondiscrimination regulations, an EO Officer must ensure that the
> recipients for which s/he is responsible are complying with their
> legal obligations related to notice and communication. Those
> obligations are listed below.

-   The recipient must notify specified groups of individuals and
    entities that it is covered by the nondiscrimination provisions of
    WIA, and that those provisions grant specific rights. Each recipient
    must use two distinct types of notification in particular
    circumstances specified in the WIA nondiscrimination regulations:

    -   the "Equal Opportunity is the Law" Notice

    -   "tag lines" and other related information

    ```{=html}
    <!-- -->
    ```
    -   **The "Equal Opportunity is the Law" Notice.** Recipients must
        use the exact text of the Notice that is provided in 29 CFR
        37.30. That text explains:

        -   that discrimination on specific listed bases (race, sex,
            disability, etc.) is against the law

        -   where and when to file a discrimination complaint

> 29 CFR 37.29 contains a complete list of the categories of individuals
> and entities that must receive the Notice. Examples of these
> categories include:

-   Applicants/registrants

-   Participants

-   Applicants for employment / employees

-   Unions and professional organizations

-   Subrecipients

-   Members of the public

> The regulations require that the Notice be distributed in specified
> ways, including, at a minimum:

-   Prominent posting on the recipient's premises

-   Through internal memoranda and other communication methods

-   Inclusion in handbooks and manuals

-   Making the Notice available to each participant, and making it part
    of the participant's file (29 CFR 37.31(a))

```{=html}
<!-- -->
```
-   The regulations include specific requirements for providing the
    Notice to persons with disabilities:

    -   The Notice must be communicated to such persons as effectively
        as to persons without disabilities, and

    -   If the Notice is provided in an alternate format to a
        participant with a visual impairment, a record of that fact must
        be included in the participant's file. (29 CFR 37.31(b))

-   The regulations also require that the Notice be communicated
    effectively to persons with limited English proficiency. (29 CFR
    37.35).

-   **"Tag lines" and other related information.** The WIA
    nondiscrimination regulations require that specific information must
    be included in any materials, publications, or broadcasts (including
    a recipient's website) that:

    -   Describe any programs or activities that receive financial
        assistance under WIA Title I, or

    -   Explain the requirements for participation in such programs or
        activities.

> This category includes materials and information that are distributed
> by any method, including:

-   orally

-   in writing

-   electronically

> It also includes materials and information that are distributed to:

-   staff

-   clients

-   the public at large

> Materials and information in this category must include two types of
> notice: "tag lines" and alternative contact numbers for persons with
> disabilities.
>
> *Tag lines*. Materials in this category -- including the websites of
> recipients such as One-Stop operators and service providers \-- must
> include the exact text of the following two tag lines:

-   "Equal opportunity employer / program"

-   "Auxiliary aids and services available upon request to individuals
    with disabilities"

> The only exception to the requirement that the exact text be used is
> in cases in which the information is being published or broadcast by
> the news media, such as a newspaper or television or radio station. In
> those cases, the exact text of the tag lines need not be used, as long
> as the essential information in each of the tag lines is accurately
> conveyed.
>
> *Alternative contact numbers.* If the materials, publications, or
> broadcasts in the category described above include a telephone number
> for voice contact with the recipient, they *must* include an
> alternative telephone number for contact with the recipient through a
> TDD/TTY or relay service.
>
> *Persons with limited English proficiency.* The regulations also
> require that all information in the category described above must be
> provided in appropriate languages for persons with limited English
> proficiency.
>
> []{.mark}
>
> **Notice and Communication Resources**:
>
> []{.mark}
>
> CRC's website contains not only the English version of the "Equal
> Opportunity is the Law" Notice, but also links to translations of the
> Notice into various other languages.**\*** N.B.: These translations
> were developed by the States listed on the website, and have not been
> reviewed or approved by CRC.
> (<http://www.dol.gov/oasam/programs/crc/EOPosters.htm>
>
> ***\*Note**: The language specified in the English version of the
> Notice should not be changed; simply insert the name and contact
> information for the recipient's Equal Opportunity Officer or designee,
> where indicated, and use the rest of the notice verbatim.*

7.  **Additional Resources**:

    a.  Tools for improving services for persons with Limited English
        Proficiency (LEP)

> Recipients of Federal financial assistance must take reasonable steps
> to ensure that persons who do not speak English as their primary
> language and who have limited ability to read, speak, write or
> understand English have meaningful access to DOL financially assisted
> programs and services, as well as to the same information that is
> provided in English. Ensuring that the recipients for which s/he has
> responsibility complies with these requirements is another part of the
> EO Officer's overall monitoring responsibilities under the WIA
> nondiscrimination regulations. The CRC Limited English Proficiency
> (LEP) Toolkit is a compilation of information, tools, and resources to
> assist recipients in identifying persons who need language assistance
> and exploring ways in which language assistance can be provided.
>
> **LEP Resources:**

-   [CRC LEP Toolkit](http://www.dol.gov/oasam/programs/crc/lepcnt.htm)

-   [Language Assistance and Planning Self-Assessment Tool for
    Recipients of Federal Financial
    Assistance](http://www.dol.gov/oasam/programs/crc/LEPAssessmentToolfinal.doc)

    a.  Tools for ensuring nondiscrimination and equal opportunity for
        people with disabilities

> **Disability** **Resources:**
>
> As indicated in the chart above, several Federal disability
> nondiscrimination laws will apply at the same time to various aspects
> of the One-Stop system. The general principles that apply under these
> laws are consistent, so that complying with one law should not cause
> you to violate another. However, some laws require you to take more
> specific steps than others: for example, the WIA nondiscrimination
> regulations contain disability-related obligations that are more
> detailed, and more specific to the One-Stop system, than the
> obligations under DOL's regulations implementing Section 504, or some
> of the regulations implementing Title II of the ADA.
>
> The ADA is better known than other disability-related laws because it
> applies to a far broader range of persons, organizations, and
> businesses than any laws that preceded or have followed it. Therefore,
> many disability-related resources refer only to the ADA, without
> mentioning other disability nondiscrimination laws such as Section 504
> or WIA Section 188. When you use these "ADA" resources, please
> remember to compare the information they provide with the
> disability-related requirements of the WIA nondiscrimination
> regulations, to ensure that those regulations do not impose additional
> obligations on your organization.

-   **CRC Compliance Assistance Tools on Disability**
    \[http://www.dol.gov/oasam/programs/crc/Compassis.htm#Disability\]

-   **Job Accommodation Network \[http://www.jan.wvu.edu/\]**

> The Job Accommodation Network (JAN) is a free consulting service that
> provides information to help increase the employability of persons
> with disabilities. Funded by DOL's Office of Disability Employment
> Policy (ODEP), JAN can give you individualized help to determine what
> accommodations are most appropriate for a particular person with a
> disability in the One-Stop system, as well as on the job. JAN can also
> provide callers with information about self-employment options for
> persons with disabilities. JAN's primary focus is on the Americans
> with Disabilities Act (ADA), but JAN's consultants should also be able
> to provide you with information about the requirements of WIA Section
> 188, Section 504, and their implementing regulations.

-   **DOL's Office of Disability Employment Policy (ODEP)
    \[http://www.dol.gov/odep/\]**

> ODEP's website contains information on such topics as customized
> employment strategies for persons with disabilities, emergency
> preparedness that takes people with disabilities into consideration,
> and the Employer Assistance and Recruiting Network (EARN), a national
> toll-free telephone and electronic information referral service
> designed to assist employers in locating and recruiting qualified
> workers with disabilities. ODEP also publishes numerous fact sheets on
> subjects such as disability and workplace culture; these fact sheets
> are available on ODEP's website at
> <http://www.dol.gov/odep/pubs/publicat.htm>.

-   **U.S. Access Board \[http://www.access-board.gov/\]**

> The Access Board website contains the most up-to-date information
> about architectural accessibility standards, as well as accessibility
> in other contexts such as communications and transportation. The
> information on the site is a bit technical, but we have found Access
> Board staff to be extremely helpful in explaining the requirements.
> Contact information for various Access Board staff members and
> services is linked here. \[http://www.access-board.gov/contact.htm\]

-   **U.S. Equal Employment Opportunity Commission (EEOC) Enforcement
    Guidance Documents** \[http://www.eeoc.gov/ada/adadocs.html\]

> The EEOC is the Federal agency with lead responsibility for
> interpreting Federal disability nondiscrimination laws in the
> employment context. In implementing the disability-related
> requirements of WIA Section 188 and 29 CFR part 37, CRC follows the
> EEOC's interpretations, adapting those interpretations where necessary
> to fit the One-Stop context.
>
> EEOC's Enforcement Guidances are an invaluable resource for answering
> questions related to disability nondiscrimination law, such as how the
> law affects persons with psychiatric disabilities. However, when
> consulting EEOC guidances, remember to compare their content with the
> requirements of the WIA nondiscrimination regulations, to ensure that
> you are aware of all obligations imposed under the latter regulations.
> For example, EEOC's Enforcement Guidance on Reasonable Accommodation
> and Undue Hardship Under the Americans with Disabilities Act does not
> address the obligations placed on recipients under 29 CFR 37.8(a) to
> go through a formal process in order to determine that a particular
> requested accommodation would impose an undue hardship, because the
> EEOC regulations implementing ADA Title I do not include those
> obligations.

a.  Data Collection and Maintenance/Data Analysis

[]{.mark}

[Data Collection]{.underline}

[]{.mark}

Each recipient must, among other data- and recordkeeping-related
obligations:

-   Established a data collection and maintenance system that allows for
    a statistical/quantifiable analysis to verify the recipient's
    compliance with Section 188 of WIA and its implementing regulations
    (29 CFR 37.37(b)(1));

-   Retain records for a period of not less than three years from the
    close of the applicable program year (longer for records related to
    complaints);

-   Provide certain specified information, such as complaint logs, to
    the Director of CRC upon request; and

-   Maintain data collected in a confidential manner.

> As with other requirements discussed in this toolkit, it is the EO
> Officer's obligation to ensure that the recipient(s) for which s/he is
> responsible comply with the requirements related to data and
> information collection and maintenance.
>
> [Data Analysis]{.underline}
>
> Examples of methods to analyze data collected by a recipient, to
> determine whether differences based upon a basis prohibited by WIA
> Section 188 (race or ethnicity, sex, age, disability status, etc.)
> have practical or statistical significance:
>
> **Practical significance** (80% rule/ adverse impact rule): If a
> substantially different rate of selection, in hiring, promotion, or
> other employment decision works to the disadvantage of members of a
> race, sex, or ethnic group, etc.; and if a group's rate of selection
> is less than 80% of the most favored group, the non-favored group(s)
> is experiencing adverse impact.
>
> **Statistical significance** (Two (2) standard deviation test):
> Standard deviation is a statistic used to measure dispersion in a
> distribution; a measure of the typical distance between the average
> (mean) and any given value. It measures the "width" of the
> distribution of values. If the difference between the expected value
> and the observed number is greater than two deviations, then the
> hypothesis would not be statistically significant. In practice, the
> calculation of the number of standard deviations is performed using
> generally accepted mathematical formulas.
>
> When the analysis discloses that differences have practical or
> statistical significance, a follow-up investigation must be conducted
> to determine whether the differences are due to intentional
> discriminatory conduct, conduct that has a disparate impact on a
> protected group, or some other factors.

**Data Analysis Resources**:

[Statistical Analysis of EO
Data](../StatisticalAnalysisComponentEEOToolkitModel.ppt)

8.  **Contact Information**

> CRC Contact Information: For questions about this toolkit, please
> contact the Civil Rights Center at (202) 693-6500; (202) 693-6516 TTY
> or via email at <CivilRightsCenter@dol.gov>.

9.  **Contributions & Feedback**

    a.  We value and look forward to your feedback on this toolkit. We
        also appreciate suggestions of additional tools and materials
        that may be useful to others for future additions. To contribute
        templates, lessons learned, additional reference material, or
        editorial comments on the toolkit, please contact the Civil
        Rights Center at (202) 693-6500; (202) 693-6516 TTY or via email
        at <CivilRightsCenter@dol.gov>.

**[Appendix A]{.mark}**

  -----------------------------------------------------------------------
  EXAMPLE: COMPLAINT INFORMATION FORM

  -----------------------------------------------------------------------

It is against the law for [\<Agency\>,]{.underline} as a recipient of
financial assistance under Title I of the Workforce Investment Act
(WIA), to discriminate on the bases of race, color, religion, sex,
national origin, age, disability, political affiliation of belief. It is
also against the law for \<Agency\> to discriminate against any
beneficiary of Federally financially assisted programs on the basis of
the beneficiary\'s citizenship/ status as a lawfully admitted immigrant
authorized to work in the United States, or his or her participation in
any WIA Title I financially assisted program or activity.

If you think that you have, or someone else has, been subjected to
discrimination by \<Agency\> on one of the bases listed above, you may
file a complaint within 180 days from the date of the alleged violation
with either the [\<Agency\>]{.underline} or the U.S. Department of
Labor\'s Civil Rights Center (CRC). If you have missed this deadline and
think you have good cause for filing late, you must explain the
circumstances and request an extension from the Director of CRC at the
address listed below. The Director will determine whether you have
proven good cause for an extension and notify you of his/her
determination.

To file a complaint, you may use this Complaint Information Form, or
send the information listed on this form, in writing, either to
\<agency\> or CRC. To file the complaint with \<agency\>, send it to
\<provide address for complaint filing at recipient level\>. To file a
complaint with CRC, send it to Director, Civil Rights Center, U.S.
Department of Labor, 200 Constitution Ave NW, Room N-4123, Washington,
DC 20210. You may obtain a CRC complaint form electronically through
CRC's website at http://www.dol.gov/oasam/programs/crc/complaint.htm

+------------------------------+---------------------------------------+
| **Complainant Information**  |                                       |
+------------------------------+---------------------------------------+
| Mailing Address:             | Home Phone Number:                    |
|                              |                                       |
|                              | Work Phone Number:                    |
|                              |                                       |
|                              | Email Address:                        |
+------------------------------+---------------------------------------+
| Please provide the name and  |                                       |
| address of the person or     |                                       |
| organization that you        |                                       |
| believe discriminated        |                                       |
| against you or someone else. |                                       |
| If you believe that someone  |                                       |
| else was discriminated       |                                       |
| against, identify that       |                                       |
| person or group of people to |                                       |
| the best of your ability.    |                                       |
+------------------------------+---------------------------------------+
| Explain as briefly and       |                                       |
| clearly as possible what     |                                       |
| happened and why you believe |                                       |
| discrimination took place.   |                                       |
| Please give the name and     |                                       |
| contact information for any  |                                       |
| person that witnessed the    |                                       |
| events you described above.  |                                       |
| Also attach any written      |                                       |
| material that relates to the |                                       |
| events you are describing.   |                                       |
+------------------------------+---------------------------------------+
| Please check the box or      |                                       |
| boxes that you think best    |                                       |
| represents the reason why    |                                       |
| you believe you were, or     |                                       |
| someone else was,            |                                       |
| discriminated against. If    |                                       |
| you are filing a complaint   |                                       |
| because you believe someone  |                                       |
| else was discriminated       |                                       |
| against, and you do not have |                                       |
| the exact information about  |                                       |
| that other person or group   |                                       |
| (such as their exact date of |                                       |
| birth, race, national        |                                       |
| origin, or type of           |                                       |
| disability), then provide    |                                       |
| the best information that    |                                       |
| you can.                     |                                       |
|                              |                                       |
| -   Race: Specify            |                                       |
|     \_\_\_\_\_\_\_           |                                       |
| \_\_\_\_\_\_\_\_\_\_\_\_\_\_ |                                       |
|     Age: Specify Date of     |                                       |
|     Birth                    |                                       |
|                              |                                       |
|   \_\_\_\_\_\_\_\_\_\_\_\_\_ |                                       |
|                              |                                       |
| ```{=html}                   |                                       |
| <!-- -->                     |                                       |
| ```                          |                                       |
| -   Color: Specify           |                                       |
|     \_\_\_\_\_\_             |                                       |
| \_\_\_\_\_\_\_\_\_\_\_\_\_\_ |                                       |
|     Disability: Specify      |                                       |
|     \_\_\_\_\_\_             |                                       |
| \_\_\_\_\_\_\_\_\_\_\_\_\_\_ |                                       |
|                              |                                       |
| -   Religion: Specify        |                                       |
|     \_\_\_\_                 |                                       |
| \_\_\_\_\_\_\_\_\_\_\_\_\_\_ |                                       |
|     Political Affiliation:   |                                       |
|     Specify                  |                                       |
|     \_\_\_\_\_\_\_\_\_\_\_   |                                       |
|                              |                                       |
| -   National Origin: Specify |                                       |
|     \_\_\_\_\_\_\_\_\_\_\_\_ |                                       |
|     Citizenship: Specify     |                                       |
|     \_\_\_\_                 |                                       |
| \_\_\_\_\_\_\_\_\_\_\_\_\_\_ |                                       |
|                              |                                       |
| -   Sex: Specify \_\_\_\_    |                                       |
|     Male \_\_\_\_ Female     |                                       |
|     Reprisal/Retaliation     |                                       |
|                              |                                       |
| -   Other: Specify           |                                       |
|     \_\_\_\_\_               |                                       |
| \_\_\_\_\_\_\_\_\_\_\_\_\_\_ |                                       |
| \_\_\_\_\_\_\_\_\_\_\_\_\_\_ |                                       |
| \_\_\_\_\_\_\_\_\_\_\_\_\_\_ |                                       |
| \_\_\_\_\_\_\_\_\_\_\_\_\_\_ |                                       |
| \_\_\_\_\_\_\_\_\_\_\_\_\_\_ |                                       |
+------------------------------+---------------------------------------+
| Please explain the remedy    |                                       |
| that you are seeking.        |                                       |
+------------------------------+---------------------------------------+

  -----------------------------------------------------------------------
  Signature: Date:

  -----------------------------------------------------------------------

**Appendix B**: **Complaint Processing Sample Letters**

SAMPLE ACCEPTANCE LETTER

***NOTICE OF ACCEPTANCE***

July 26, 2006

Jane Doe

PO Box 11111

City of W, State of Y 11111

Dear Ms. Doe:

This letter serves as your notice that this office has accepted your
complaint of discrimination
against\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
(Respondent). We consider this complaint as having been filed on
\<DATE\>\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_. You have
the right to be represented by an attorney or other representative in
the complaint process.

The State of Y Department of Labor has authority to investigate and
determine complaints of discrimination arising under the following
statutes and their implementing regulations: (1) Section 188 of the
Workforce Investment Act of 1988; (2) Section 504 of the Rehabilitation
Act of 1973, as amended.

These statutes prohibit discrimination on the bases of race, color,
national origin, religion, age, sex, disability, political affiliation
or belief, and, for beneficiaries only, on the basis of citizenship/
status as a lawfully admitted immigrant authorized to work in the United
States, or as a participant in any program or activity that is
financially assisted, in part or in whole, under Title I of the
Workforce Investment Act of 1998 (WIA).

In order for this office to have authority to investigate your
complaint, the complaint must comply with the following basic Federal
requirements: 1) The complaint must be in writing; (2) it must be signed
by you, the charging party (CP), or your authorized representative; (3)
the person or organization whom you identify as having taken the
discriminatory actions must be considered a "recipient" of Federal
financial assistance under the applicable laws; (4) the complaint must
contain sufficient contact information for you (e.g., your address and
phone number, or another means of contacting you); (5) you must allege
that the discriminatory act was taken on one or more of the bases
covered by one of the two statutes listed above (e.g., race, sex,
disability, etc.); (6) the complaint must claim that you, or the person
or group of people whom you allege has been discriminated against,
suffered an "adverse action" (in other words, a loss of some kind that
can be calculated); and (7) the adverse action must have occurred within
180 days of the filing of your complaint, unless the Director of the
U.S. Department of Labor's Civil Rights Center in Washington, DC, has
granted you an extension of time "for good cause shown."

If we determine that your complaint, and the charges you make against
the Respondent, meet all of the basic Federal requirements, we will
conduct an investigation. Here is a list of the issues that we accept
and will investigate:

Here is a list of the issues that we do not accept, and the reason(s)
why each issue is being rejected:

**\[for Complainant's letter ONLY\]** If you are interested in resolving
your complaint through a \[different/less formal\] process known as
\<list relevant method of Alternative Dispute Resolution \>, you may
choose to do so. If you are interested in this process, please notify us
by \<date\>, and we will send you information about how the process
works and what your rights will be. Otherwise, we will make a final
decision on each of the issues that we have accepted. Our decision(s)
will be based on the information we gather during the investigation.

We have included a set of interrogatories (questions), to which we ask
you to respond. The other party will also receive a set of
interrogatories and will be asked to provide answers. The deadline for
submission of the interrogatory responses is
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_. If we do not
receive your answers to these interrogatories by the deadline, we may
dismiss your complaint.

In addition to answering interrogatories, the other party has the right
to submit a position statement. We must receive this position statement
no later than \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_. If the other party does
submit a position statement, then you will receive a copy of that
statement, and will have the right to submit a response. We must receive
your response no later than
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ after you
receive the other party's position statement.

This office will conduct interviews with all parties, either in-person
or by telephone. We will be in touch with you to schedule your
interview. In the meantime, if you have any questions, or need
clarification, please feel free to contact me.

Respectfully,

/s/

Jessie Smith

State of Y EO Officer

> **NOTICE OF CHARGING PARTY'S RIGHTS: The law requires this office to
> issue a Notice of Final Action on your complaint [within 90 days of
> the date on which we consider your complaint to have been filed. That
> period expires on \<DATE\>. If you do not receive a Notice of Final
> Action from this office by that date,]{.underline} then you (or your
> authorized representative) have the right to file a new complaint with
> the Director of the Civil Rights Center (CRC), U.S. Department of
> Labor, 200 Constitution Ave. NW, Room N-4123, Washington, DC 20210.
> The new complaint must be filed with the Director within 120 days of
> the date on which your complaint was filed -- in other words, by
> \<date of expiration of 120 days\>.**
>
> **You also have the right to file a new complaint with the CRC
> Director if you do receive a Notice of Final Action from this office
> on or before \<DATE of 90 day deadline\>, and you are dissatisfied
> with the final action we have taken on your complaint. In that case,
> you must file your complaint with the Director within 30 days of the
> date on which you receive the Notice of Final Action.**

SAMPLE DETERMINATION LETTER

***NOTICE OF FINAL ACTION***

July 25, 2007

Jane Doe

PO Box 11111

City of W, State of Y 11111

Dear Ms. Doe:

This letter acknowledges that this office has received your complaint of
discrimination. We consider your complaint to have been filed on
\<DATE\>\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

In your complaint, you alleged that on \_\_\_\_\_\_\_\_\_\_\_\_\_, \[you
were/another person or group of people was\] discriminated against by
\_\_\_\_\_\_\_\_\_\_\_\_\_ (Respondent) on the basis/ bases of
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

The State of Y Department of \_\_\_\_\_\_\_has authority to investigate
and determine complaints of discrimination arising under the following
statutes and their implementing regulations: (1) Section 188 of the
Workforce Investment Act of 1988; (2) Section 504 of the Rehabilitation
Act of 1973, as amended.

These statutes prohibit discrimination on the bases of race, color,
national origin, religion, age, sex, disability, political affiliation
or belief, and, for beneficiaries only, on the basis of citizenship/
status as a lawfully admitted immigrant authorized to work in the United
States, or as a participant in any program or activity that is
financially assisted, in part or in whole, under Title I of the
Workforce Investment Act of 1998 (WIA).

In order for this office \_\_\_\_\_\_\_to have authority to investigate
your complaint, the complaint must comply with the following basic
Federal requirements: (1) The complaint must be in writing; (2) it must
be signed by you, the charging party (CP), or your authorized
representative; (3) the person or organization whom you identify as
having taken the discriminatory actions must be considered a "recipient"
of Federal financial assistance under the applicable laws; (4) the
complaint must contain sufficient contact information for you (e.g.,
your address and phone number, or another means of contacting you); (5)
you must allege that the discriminatory act was taken on one or more of
the bases covered by one of the two statutes listed above (e.g., race,
sex, disability, etc.); (6) the complaint must claim that you, or the
person or group of people whom you allege has been discriminated
against, suffered an "adverse action" (in other words, a loss of some
kind that can be calculated); and (7) the adverse action must have
occurred within 180 days of the filing of your complaint, unless the
Director of the U.S. Department of Labor's Civil Rights Center in
Washington, DC, has granted you an extension of time "for good cause
shown."

This office has reviewed your complaint. \_We find that we have no
jurisdiction to investigate and decide the allegations in your
complaint, because:

\_\_\_\_\_\_\_\_ The complaint was not signed.

\_\_\_\_\_\_\_\_We were unable to identify the person or organization
whom you claim is responsible for the alleged discriminatory act.

\_\_\_\_\_\_\_The person or organization whom you claim is responsible
for the alleged discriminatory act is not considered a "recipient" of
Federal financial assistance under one of the applicable laws listed
above, and therefore is not covered by those laws.

\_\_\_\_\_\_\_\_You claim that the action was taken on a basis (in other
words, for a reason) that is not covered under the laws listed above.

\_\_\_\_\_\_\_\_ You did not identify an adverse action that resulted
from the allegedly discriminatory act.

You were contacted by \[telephone/letter/e-mail\] on
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ to advise you that we would deny your
complaint for the above reason(s) if you did not submit additional
information within 15 calendar days to resolve the problem(s). To date,
we have received no additional information from you. As a result, we
\_\_\_\_\_\_conclude that we lack jurisdiction to investigate and decide
your complaint. This constitutes the final determination of the State of
Y Department of \_\_\_\_\_\_\_\_.

Respectfully,

/s/

Jessie Smith

State of Y EO Officer

**NOTICE OF RIGHT TO FILE COMPLAINT: If you are dissatisfied with this
Notice of Final Action, you may file a new complaint with the Civil
Rights Center, U.S. Department of Labor, 200 Constitution Avenue NW,
Room N-4123, Washington, DC 20210. The complaint must be filed within 30
days of the date on which you received this Notice of Final Action.**

SAMPLE DETERMINATION LETTER

NOTICE OF FINAL ACTION

***NO JURISDICTION-UNTIMELY FILED***

July 25, 2007

Jane Doe

PO Box 11111

City of W, State of Y 11111

Dear Ms. Doe:

This letter acknowledges that this office has received your complaint of
discrimination. We consider your complaint to have been filed on
\<DATE\>.

The State of Y Department of \_\_\_\_\_\_has authority to investigate
and determine complaints of discrimination arising under the following
statutes and their implementing regulations: (1) Section 188 of the
Workforce Investment Act of 1988; (2) Section 504 of the Rehabilitation
Act of 1973, as amended.

These statutes prohibit discrimination on the bases of race, color,
national origin, religion, age, sex, disability, political affiliation
or belief, and, for beneficiaries only, on the basis of citizenship/
status as a lawfully admitted immigrant authorized to work in the United
States, or as a participant in any program or activity that is
financially assisted, in part or in whole, under Title I of the
Workforce Investment Act of 1998 (WIA).

In order for this office to have authority to investigate your
complaint, the complaint must comply with certain Federal requirements.
In particular, Federal law requires that the complaint be filed within
180 days of the date of the alleged discriminatory act.

This office has reviewed your complaint. We find that we have no
jurisdiction to investigate and decide the allegations in your
complaint, because you allege that Respondent discriminated against you
on \<DATE\>\_\_\_\_\_\_\_\_\_\_\_\_\_, but you filed this complaint more
than 180 days later, on\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_. Late
filing is permitted only if the Director of the U.S. Department of
Labor's Civil Rights Center (CRC) in Washington, DC, has granted you an
extension of time "for good cause shown." You have not submitted any
evidence showing that the CRC Director has granted an extension to you.

Because the complaint is untimely on its face, we have no jurisdiction
to investigate it.

Respectfully,

/s/

Jessie Smith

State of Y EO Officer

**NOTICE OF RIGHT TO REQUEST EXTENSION: Your complaint has been found
untimely because it was not filed within 180 days of the alleged act of
discrimination. However, you may request an extension of the 180-day
time limit by demonstrating "good cause." Any request for an extension
must be submitted in writing to the Director of the Civil Rights Center,
U.S. Department of Labor, 200 Constitution Avenue NW, Room N-4123,
Washington, DC 20210. Please include a description of your reasons for
seeking an extension. The Director of the Civil Rights Center has the
sole discretion to grant or deny a request for an extension.**

**NOTICE OF RIGHT TO FILE NEW COMPLAINT: If you are dissatisfied with
this Notice of Final Action, you may file a new complaint with the Civil
Rights Center, U.S. Department of Labor, 200 Constitution Avenue NW,
Room N-4123, Washington, DC 20210. The complaint must be filed within 30
days of the date on which you received this Notice of Final Action.**