(a) The State shall establish and maintain a grievance procedure
for resolving complaints from:
(1) Regular employees that the placement of a participant in an
employment activity operated with WtW funds, as described in
Sec. 645.220 of this part, violates any of the prohibitions described
in Sec. 645.265 of this part; and
(2) Program participants in an employment activity operated with
WtW funds, as described in Sec. 645.220 of this part, that any
employment activity violates any of the prohibitions described in
Secs. 645.255(d), 645.260, or 645.265 of this part.
(b) Such grievance procedure should include an opportunity for
informal resolution.
(c) If no informal resolution can be reached within the specified
time as established by the State as part of its grievance procedure,
such procedure shall provide an opportunity for the dissatisfied party
to receive a hearing upon request.
(d) The State shall specify the time period and format for the
hearing portion of the grievance procedure, as well as the time period
by which the complainant will be provided the written decision by the
State.
(e) A decision by the State under paragraph (d) of this section may
be appealed by any dissatisfied party within 30 days of the receipt of
the State's written decision, according to the time period and format
for the appeals portion of the grievance procedure as specified by the
State.
(f) The State shall designate the State agency which will be
responsible for hearing appeals. This agency shall be independent of
the State or local agency which is administering, or supervising the
administration of the State TANF and WtW programs.
(g) No later than 120 days of receipt of an individual's original
grievance, the State agency, as designated in paragraph (f) of this
section, shall provide a written final determination of the
individual's appeal.
(h) The grievance procedure shall include remedies for violations
of Secs. 645.255(d), 645.260, and 645.265 of this part which may
continue during the grievance process and which may include:
(1) Suspension or termination of payments from funds provided under
this part;
(2) Prohibition of placement of a WtW participant with an employer
that has violated Secs. 645.255(b), 645.260, and 645.265 of this part;
(3) Where applicable, reinstatement of an employee, payment of lost
wages and benefits, and reestablishment of other relevant terms,
conditions, and privileges of employment; and,
(4) Where appropriate, other equitable relief (section
403(a)(5)(J)(iv)).
(i) Participants alleging gender discrimination by WtW programs
that are not part of the One-Stop system may file a complaint using the
grievance system procedures described above. Participants alleging
gender discrimination by WtW programs that are part of the One-Stop
system may file a complaint using the procedures developed by the State
under the WIA nondiscrimination regulations at 29 CFR 37.70-37.80.
