WORKFORCE INNOVATION AND OPPORTUNITY ACT (WIOA)
Equal Opportunity Employer/Program - Auxiliary Aids and Services Are Available Upon Request To Individuals With Disabilities.
WHO CAN FILE Any applicant/registrant for aid, benefits, services or training, eligible applicants/registrants, participants, employees, applicants for employment, service providers or eligible service providers who believes that he or she, or any specific class of individuals, has been or is being subjected to discrimination prohibited under the Workforce Investment Act has the option to file with the County of Kane, Kane County Office of Community Reinvestment - Workforce Redevelopment Division of the Rights Center of the U.S. Department of Labor.RETALIATION/INTIMIDATION OR REPRISAL
Sections 188 of the Workforce Innovation and Opportunity Act and Civil Rights laws prohibit retaliation; intimidation or reprisal against any individual because they filed a complaint, opposed a practice, or furnished information on any prohibited basis.
TYPES OF COMPLAINTS
If someone is alleging a discriminatory practice has occurred, the complaint falls into one of three categories, depending on its source:
Individual complaint –
a complaint alleging that the person filing the complaint has been or is being subjected to discrimination.
Class Action complaint –
A complaint filed by one or more individuals alleging discrimination, not only against themselves, but also against a group of similarly situated individuals.
must have the signed consent of all individuals in the complaint in order to process the complaint.
Third Party complaint –
A complaint filed by a group or individual alleging discrimination against another group or individual.
Discrimination complaints will be processed according to the rules outlined in this document. Program complaints will be processed according to U.S. Department of Labor Employment and Training Administration regulations as specified in 20 CFR Subpart F, Sec. 667.600 and the policy of the local workforce board.
WHO GETS THE COMPLAINT
A written complaint may be submitted to:
Kane County Office of Community Reinvestment - Workforce Development Division 1 Smoketree Business Park, Ste. A
North Aurora, IL 60542
630-966-1435 x 40088 or TTY 630-264-6593
Videophone – 866-948-3280
Miguel Calderon, Illinois Equal Opportunity Officer
500 E. Monroe Street, 8th Floor
Springfield, IL 62701
Director of the Civil Rights Center (CRC)
U.S. Department of Labor
200 Constitution Avenue, NW
Washington, DC 20210.
FILING A COMPLAINT
A complaint must be filed in writing and contain the following information:
WHAT FORM MAY BE USED FOR FILING A COMPLAINT
- Complainant’s name/address or other means of contacting the complaint;
Identify of the respondent (including the individual or entity alleged to have discriminated);
- The complaint is signed by the complainant or an authorized representative;
- The allegations, described in sufficient detail to determine whether: complaint is covered as applicable under the jurisdiction of the County of Kane, Kane County Office of Community Reinvestment - Workforce Development Division or the Civil Rights Center;
complaint was filed within specified time;
complaint has apparent merit (means the allegation of discrimination or complaint, if proven to be true, would violated Workforce Investment Act regulations).
The complainant may:
Submit a written complaint without using a form as long as the complaint includes all the required information. See section entitled Filing a Complaint.
TIME FRAME FOR FILING A COMPLAINT
- Complete a form that has been developed by the State of Illinois for this purpose, or;
- Complete and submit the Civil Rights Center’s Complaint Information Form.
The filing time period for a complaint is:
PROCESSING THE COMPLAINT
- 180 days from the date of the alleged discrimination.
An extension of the 180-day filing period may be granted for good cause shown by the complainant
Only the Director of the Civil Rights Center of the U.S. Department of Labor can grant this extension.
- If an ADR agreement is breached, either party has the right to file a complaint with the Director of the Civil Rights Center of the U.S. Department of Labor
- The non-breaching party may file a complaint within 30 days of the date on which the non-breaching party learns of the alleged breach.
Upon receipt of a written complaint, the EO Officer will provide:
ALTERNATIVE DISPUTE RESOLUTION
- An initial written notice to the complainant that acknowledges receipt of the written complaint.
- The written notice will provide a list of the issues raised in the complaint
for each issue, the EO Officer will state whether the EO Officer accepts the issue for investigation or rejects the issue
the reason for rejection shall be given:
- Notice to the complainant of his or her right to be represented in the complaint process by an attorney or other individual of their choice and at their expense.
- Notice that the complainant has a choice to use the customer process or to use alternative dispute resolution (ADR).
Within 30 days of receiving the written complaint, the EO Officer will review and investigate the allegation and attempt to resolve the complaint with the involved individual or entity alleged to have discriminated. If the complainant is not satisfied with the resolution offered by the individual or entity alleged to have discriminated, the EO Officer shall present the complaint to the Executive Director of the Office of Community Reinvestment - Workforce Development Division within 10 days of rejection of the proposed resolution by the complainant.
The Executive Director shall review the complaint, the results of the investigation, the proposed resolution and the recommendation of the EO Officer and propose a new resolution. If the complainant accepts the resolution proposed by the Executive Director, the resolution shall be reduced to writing by the EO Officer and signed by the complainant, the Executive Director and the EO Officer.
FAILURE OF ALTERNATIVE DISPUTE RESOLUTION OR REQUEST FOR FORMAL HEARING
If alternative dispute resolution fails or if the complainant requests a formal hearing, the Chief Local Elected Official shall appoint an impartial Hearing Officer to hear the complaint within 30 days. The Hearing Officer shall schedule a hearing of the Grievance Committee. The Grievance Committee shall consist of the Director of Human Resources for Kane County, one member of the Kane County Human Services Committee and the EO Officer. The Hearing Officer shall provide notice to all parties who have a legitimate interest in the complaint of the date, time and place of the formal hearing and the issues to be heard.
The Hearing Officer shall notify the complainant by certified mail of his or her rights, including the right to be accompanied by an attorney or other duly authorized representative, to present evidence, to question others who present evidence and to file with the Civil Rights Centers of the U.S. Department of Labor when the complainant is not satisfied with the Grievance Committee’s decision. The complainant shall be permitted access to local workforce investment area files that would be germane to the complainant’s allegations. CONDUCT OF HEARING
Complainants and respondents shall make every effort possible to be present at the hearing. However, if they are unable to be present, a 48-hour prior written notice must be given to the Hearing Officer. In the event circumstances arise prior to the hearing that, in the opinion of the Hearing Officer, are such as to be beyond the reasonable control of the complainant or respondents to prevent their attendance at the hearing, the Hearing Officer shall reschedule the proceedings. If the Hearing Officer determines that the complainant’s or respondent’s failure to attend the hearing is not beyond their reasonable control, the hearing shall be held in his/her absence.
The rules of evidence will apply. Both the complainant and the respondent may present relevant testimony and documentary evidence. All testimony shall be given under oath. The complainant and respondent, personally or through their representatives, shall have the right to cross-examine all witnesses who testify.
A tape recording or other verbatim record of the hearing shall be made.
NOTICE OF FINAL ACTION
The decision of the Grievance Committee shall be made strictly on the basis of the evidence gathered.
The recipient of Workforce Investment Act funds must provide to the complainant a notice of final action within 90 days from the date when the complaint was filed. The notice must contain the following information:
PROCESSING TIMEFRAME REQUIREMENTS
- The recipient’s decision on each issue and an explanation of the reason behind the decision (if used investigation or fact-finding process) or a description of the way the parties resolved the issues (if ADR process is used).
- A notice that if the complainant is dissatisfied with the recipient’s resolution of the complaint, he or she has the right to file a complaint with the Civil Rights Center of the U.S. Department of Labor within 30 days from the date of issuance of the notice of final action.
Below is a summary of the timeframes established by Section 188 of the Workforce Investment Act and 29 CFR 37 for the processing of discrimination complaints:
Recipient’s 90-Day processing Timeframe:
The agency receiving the complaint must perform one of the following actions within 90 days from the date the complaint is received:
Complainant’s 30-Day Timeframe for Appeals.
- Issue a Written Notice of Lack of Jurisdiction.
- Refer the complaint to another federal grant-making agency for investigation where there is dual jurisdiction.
- Issue a Written Notice of Final Action.
The complainant has 30 days to file with the Civil Rights Center of the U.S. Department of Labor when any of the following occurs:
Extension of Complainant’s 30-Day Timeframe:
- The recipient issues a Written Notice of Lack of Jurisdiction. In this case, the 30 days is counted from the date of receipt of the notice.
- The complainant is not satisfied with the decision in the Written Notice of Final Action. In this case, the 30 days is counted from the date of receipt of the notice.
- The recipient fails to issue either a Written Notice of Lack of Jurisdiction, a Written Notice of Final Action, or a referral to another federal grant-making agency for investigation in case of dual jurisdiction by the end of 90 days after receipt of the complaint. In this case, the 30 days is counted at the end of the initial 90-day period.
- A party to an agreement breaches the agreement. In this case, the 30 days is counted from the date the complainant learns of the alleged breach
- An ADR process fails to produce an agreement. In this case the 30 days is counted from the date on which the process terminates.
The Director of the Civil Rights Center of the U.S. Department of Labor may extend the complainant’s 30-day timeframe to file with the CRC if the complainant can show good cause.