WIA Complaint Procedures

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					 WIA Complaint
  Procedures
Review of the WIA Complaint
    Procedures Manual


         ODJFS - BCR July 2008
            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.
                  ODJFS - BCR July 2008
        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.
                   ODJFS - BCR July 2008
                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.

                  ODJFS - BCR July 2008
               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 E&T entities.

                   ODJFS - BCR July 2008
              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.

                   ODJFS - BCR July 2008
         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.
                  ODJFS - BCR July 2008
    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
  regulations…and…
                    ODJFS - BCR July 2008
     Fraud And Abuse & ADR
 Page seven provides information about
  the federal contact point for those who
  allege fraud and abuse in E&T 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.
                  ODJFS - BCR July 2008
 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…

                  ODJFS - BCR July 2008
    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 officer=programmatic
  complaint).
 Safeguarding due process rights
                  ODJFS - BCR July 2008
       Hearing Procedures…
 Request for Hearing (page thirteen)
 Notification of Hearing (page fourteen)
 Conduct of Hearing (page fourteen)
 Hearing Officer’s Decision (page fifteen)
 Record of Hearing (page fifteen)
 Request for Review (page sixteen)


                   ODJFS - BCR July 2008
      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

                   ODJFS - BCR July 2008
    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
                    ODJFS - BCR July 2008
           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


                    ODJFS - BCR July 2008
          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
                  ODJFS - BCR July 2008
              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
                    ODJFS - BCR July 2008
          More Information
 Rules: 5101:9-2-03 and 5101:9-2-05
 Programmatic and Discrimination
  Complaints
 ODJFS Bureau of Civil Rights website,
  http://jfs.ohio.gov/civilrights/
 WIA Equal Opportunity Guide
 Questions??? Call: (614) 644-2703 or call
  me direct at: (614) 995-9980
                  ODJFS - BCR July 2008