WIA Complaint Procedures

1
WIA Complaint Procedures

• Review of the WIA Complaint Procedures Manual

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.

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.

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.

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 ET entities.

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.

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.

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
  regulationsand

9
Fraud And Abuse ADR

• Page seven provides information about the federal
  contact point for those who allege fraud and
  abuse in ET 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.

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

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
  officerprogrammatic complaint).
• Safeguarding due process rights

12
Hearing Procedures

• Request for Hearing (page thirteen)
• Notification of Hearing (page fourteen)
• Conduct of Hearing (page fourteen)
• Hearing Officers Decision (page fifteen)
• Record of Hearing (page fifteen)
• Request for Review (page sixteen)

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

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

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

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

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

18
More Information

• Rules 51019-2-03 and 51019-2-05
• Programmatic and Discrimination Complaints
• ODJFS Bureau of Civil Rights website,
  http//jfs.ohio.gov/civilrights/
• WIA Equal Opportunity Guide
• Questions??? Call [phone] or call me
  direct at [phone]