New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 21 - WORKFORCE INNOVATION AND OPPORTUNITY ACT GRIEVANCE AND COMPLAINT RESOLUTION PROCEDURES › Section 11.2.21.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
29 C.F.R. Section
				  37.4 contains the definitions of the terms
				  used in the implementation of nondiscrimination and equal opportunity
				  requirements of WIOA. For convenience, some of the definitions found in that
				  section are listed below. If a conflict exists between terminology, as defined
				  in this policy and
				  29
				  C.F.R. Section 38.4, the definition in 29
				  C.F.R. Part 38.4 is controlling.
A.
Applicant.
An individual who is interested in being considered for
				any WIOA Title I-financially assisted aid, benefit, service, or training by a
				recipient, and who has signified that interest by submitting personal
				information in response to a request by a recipient.
B.
Participant.
An individual
				who has been determined to be eligible to participate in and who is receiving
				aid, benefit, service, or training under a program or activity financially
				assisted in whole or in part under Title I of WIOA. "Participant" includes, but
				is not limited to, individuals receiving any service(s) or benefit(s) under
				state unemployment insurance programs.
C.
Recipient.
An entity to which
				financial assistance under WIOA Title I is extended, directly from DWS, or
				through the governor or another recipient (including any successor, assignee,
				or transferee of a recipient). The term excludes any ultimate beneficiary of
				the WIOA Title I-financially assisted program or activity. In instances in
				which a governor operates a program or activity, either directly or through a
				state agency, using discretionary funds apportioned to the governor under WIOA
				Title I (rather than disbursing the funds to another recipient), the governor
				is also a recipient. In addition, for the purposes of this part, one-stop
				partners, as defined in Section 121(b) of WIOA, 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.
				Recipients are listed in
				29 CFR
				38.44(zz).
D.
Retaliation.
Retaliation
				means discharging, intimidating, threatening, coercing, or discriminating
				against any individual because the individual has:
(1) filed a complaint alleging a violation of
				Section 188 of WIOA or 29 CFR Part 38;
(2) opposed a practice prohibited by
				nondiscrimination and equal opportunity provisions of WIOA or 29 CFR Part
				38;
(3) furnished information to,
				or assisted or participated in any manner, in an investigation, review,
				hearing, or any other activity related to the following:
(a) Administration of the nondiscrimination
				and equal opportunity provisions of WIOA, 29 CFR Part 38, or
				11.2.21.1 NMAC et
				seq;
(b) Exercise of authority
				under those provisions;
(c)
				Exercise of privilege secured by those provisions; or
(d) Otherwise exercised any rights and
				privileges under the nondiscrimination and equal opportunity provisions of WIOA
				or 29 CFR Part 38.