# Presentation: 685646

## Handling Discrimination Complaints: Determining Timeliness, Jurisdiction & Authority

-  **WIA**

**SCSEP**

**TRADE**

**VETS**

**MSFW**

## 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.

## Laws & Regulations Enforced

## Laws Applicable to USDOL Financial Assistance Recipients

**Notes:**
NOTES:

HIGHLIGHT THAT SEX COVERS SEXUAL HARASSMENT.  GIVE THE DEFINITION OF SEXUAL HARASSMENT AND NOTE THAT AS EXECUTIVES THEY ARE TO BE ROLE MODELS FOR STAFF.

## Regulations Applicable to USDOL Financial Assistance Recipients

**Regulations Applicable to USDOL Financial Assistance Recipients**

**Notes:**
NOTES:

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## Determining Timeliness

## Determining Timeliness

**Complaints alleging discrimination, to be timely, must be filed within 180 days of the alleged discrimination****.**

- ____________

## Determining Timeliness

**Date Complaint Filed**

**Date of Alleged Discrimination**

**0**

**180**

***Days***

- ____________

## 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.”**

- ____________

## 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**

## Timeliness

**Complainant filed beyond the 180 day period.**

**Is the complaint timely? Why or why not?**

## Timeliness

**Complaint was received 182 days after date of alleged discrimination.**

**Is the complaint timely? Why or why not?**

## 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?**

## Jurisdiction & Authority

## 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.**

- ____________

## 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.”*

- ____________

## 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**

## Authority

**Complainant alleges nepotism.**

**Does the recipient have authority in this matter? Why or why not?**

## Authority

**Complainant alleges pre-selection.**

**Does the recipient have authority in this matter? Why or why not?**

## Authority

**Complaint alleges discrimination because s/he is not a voter.**

**Does the recipient have authority in this matter? Why or why not?**

## 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**

## 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?**

## 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?**

## Any Questions?