(a) Who may file. Any person who believes that he or she or any
specific class of individuals has been or is being subjected to
discrimination prohibited by the nondiscrimination and equal opportunity
provisions of JTPA or this part may file a written complaint by him or
herself or by a representative.
(b) Where to file. The complaint may be filed either with the
recipient or with the Director.
(c) Time for filing. A complaint filed pursuant to this part must be
filed within 180 days of the alleged discrimination. The Director, for
good cause shown, may extend the filing time. This time period for
filing is for the administrative convenience of the Directorate and does
not create a defense for the respondent.
(d) Contents of complaints. Each complaint shall be filed in writing
and shall:
(1) Be signed by the complainant or his or her authorized
representative;
(2) Contain the complainant's name and address (or specify another
means of contacting him or her);
(3) Identify the respondent; and
(4) Describe the complainant's allegations in sufficient detail to
allow the Director or the recipient, as applicable, to determine
whether:
(i) The Directorate or the recipient, as applicable, has
jurisdiction over the complaint;
(ii) The complaint was timely filed; and
(iii) The complaint has apparent merit, i.e., whether the
allegations, if true, would violate any of the nondiscrimination and
equal opportunity provisions of JTPA or this part. The information
required by this paragraph may be provided by completing and submitting
the Directorate's Complaint Information and Privacy Act Consent Forms.
(e) Right to Representation. Each complainant and respondent has the
right to be represented by an attorney or other individual of his or her
own choice.
(f) Election of recipient-level complaint processing. Any person who
elects to file his or her complaint with the recipient shall allow the
recipient 60 days to process the complaint.
(1) If, during the 60-day period, the recipient offers the
complainant a resolution of the complaint but the resolution offered is
not satisfactory to the complainant, the complainant or his or her
representative may file a complaint with the Director within 30 days
after the recipient notifies the complainant of its proposed resolution.
(2) Within 60 days, the recipient shall offer a resolution of the
complaint to the complainant, and shall notify the complainant of his or
her right to file a complaint with the Director, and inform the
complainant that this right must be exercised within 30 days.
(3) If, by the end of 60 days, the recipient has not completed its
processing of the complaint or has failed to notify the complainant of
the resolution, the complainant or his or her representative may, within
30 days of the expiration of the 60-day period, file a complaint with
the Director.
(4) The Director may extend the 30-day time limit if the complainant
is not notified as provided in paragraph (f)(2) of this section, or for
other good cause shown.
(5) Notification of no jurisdiction. The recipient shall notify the
complainant in writing immediately upon determining that it does not
have jurisdiction over a complaint that alleges a violation of the
nondiscrimination and equal opportunity provisions of JTPA or this part.
The notification shall also include the basis for such determination, as
well as a statement of the complainant's right to file a written
complaint with the Director within 30 days of receipt of the
notification.
(g) Complaints filed with the Director.
(1) Notification of acceptance of complaint. The Director shall
determine whether the Directorate will accept a complaint filed pursuant
to this section. Where the Directorate accepts a complaint for
investigation, he or she shall:
(i) Acknowledge acceptance of the complaint for investigation to the
complainant and the respondent, and
(ii) Advise the complainant and respondent of the issues over which
the Directorate has accepted jurisdiction.
(2) Any complainant, respondent, or the authorized representative of
any complainant or respondent, may contact the Directorate for
information regarding the complaint filed pursuant to this section.
(3) Where a complaint contains insufficient information, the
Director shall seek the needed information from the complainant. If the
complainant is unavailable after reasonable means have been used to
locate him or her, or the information is not furnished within 15 days of
the receipt of such request, the complaint file may be closed without
prejudice upon notice sent to the complainant's last known address.
(4) The Director may issue a subpoena, as authorized by Section
163(c) of JTPA, directing the person named therein to appear and give
testimony and/or produce documentary evidence, before a designated
representative, relating to the complaint being investigated. Such
attendance of witnesses, and the production of such documentary
evidence, may be required from any place in the United States, at any
designated time and place.
(5) Where the Directorate lacks jurisdiction over a complaint, he or
she shall:
(i) So advise the complainant, indicating why the complaint falls
outside the coverage of the nondiscrimination and equal opportunity
provisions of JTPA or this part; and
(ii) Where possible, refer the complaint to an appropriate Federal,
State or local authority.
(6) Where a complaint lacks apparent merit or has not been timely
filed, it need not be investigated. Where a complaint will not be
investigated, the Director shall so inform the complainant and indicate
the basis for that determination.
(7) Where a complaint alleging discrimination based on age falls
within the jurisdiction of the Age Discrimination Act of 1975, as
amended, the Director shall refer the complaint in accordance with the
provisions of 45 CFR 90.43(c)(3), and shall so advise the complainant
and the respondent.
(8) Where a complaint solely alleges a charge of individual
employment discrimination covered by the nondiscrimination and equal
opportunity provisions of JTPA or this part and by title VII of the
Civil Rights Act of 1964, as amended (42 U.S.C. 2000e to 2000e-17), the
Equal Pay Act of 1963, as amended (29 U.S.C. 206(d)), or the Age
Discrimination in Employment Act of 1976, as amended (29 U.S.C. 621, et
seq.), the Director shall refer such ``joint complaint'' to the Equal
Employment Opportunity Commission for investigation and conciliation
under procedures for handling joint complaints at 29 CFR part 1691, and
shall advise the complainant and the respondent of the referral.
(9) Determinations. The Director shall determine at the conclusion
of the investigation of a complaint whether there is reasonable cause to
believe that a violation of the nondiscrimination and equal opportunity
provisions of JTPA or this part has occurred.
(i) Upon making such a cause finding, the Director shall issue an
Initial Determination. The Initial Determination shall notify the
complainant and the respondent, in writing, of:
(A) The specific findings of the investigation;
(B) The proposed corrective or remedial action and the time by which
the corrective or remedial action must be completed, as provided in
Sec. 34.44;
(C) Whether it will be necessary for the respondent to enter into a
written agreement, as provided in Sec. 34.45; and
(D) The opportunity to engage in voluntary compliance negotiations.
(ii) Where a no cause determination is made, the complainant and the
respondent shall be so notified in writing. Such determination
represents final agency action of the Department.
