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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 20 - Employees' Benefits |
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Chapter V - Employment and Training Administration, Department of Labor |
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Part 658 - Administrative Provisions Governing the Wagner-Peyser Act Employment Service |
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Subpart E - Employment Service and Employment-Related Law Complaint System (Complaint System) |
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When a Complaint Rises to the Federal Level |
§ 658.420 - Responsibilities of the Employment and Training Administration regional office.
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§ 658.420 Responsibilities of the Employment and Training Administration regional office.
(a) Each Regional Administrator must establish and maintain a Complaint System within each ETA regional office.
(b) The Regional Administrator must designate Department of Labor officials to handle process ES regulation-related complaints as follows:
(1) Any All complaints received either at the local and State level or at the ETA regional office , under this subpart that allege violations of civil rights laws and regulations unlawful discrimination or reprisal for protected activity in violation of nondiscrimination laws, such as those under Title VI of the Civil Rights Act or sec. 188 of WIOA, including for beneficiaries (as defined in 29 CFR 38.4) only, on the basis of citizenship status or participant status, as well as reprisal for protected activity, must immediately be logged and directed or forwarded to the recipient's Equal Opportunity Officer or the CRC.
(3(2) All complaints alleging discrimination on the basis of genetic information must be assigned to a Regional Director for Equal Opportunity and Special Review and, where appropriate, handled in accordance with procedures Coordinated Enforcement at 29 CFR part 31.
enforced by the EEOC or CRC, or in violation of the Immigration and Nationality Act's anti-discrimination provision found at 8 U.S.C. 1324b, must be logged and immediately referred to the appropriate State-level E.O. Officer(s).
paragraphs and (2)(2) All complaints other than those described in
,of this section
handlemust be assigned to a regional office official designated by the Regional Administrator, provided that the regional office official designated to
process MSFW complaints must be the Regional Monitor Advocate (RMA).
(c) Except for those complaints under paragraphs paragraph (b)(1) and (2) of this section, the Regional Administrator must designate Department of Labor officials to handle process employment-related law complaints in accordance with § 658.411422, provided that the regional official designated to handle process MSFW employment-related law complaints must be the RMA. The RMA must follow up monthly on all complaints filed by MSFWs including complaints under paragraphs paragraph (b)(1) and (2) of this section.
(d) The Regional Administrator must ensure that all complaints and all related documents and correspondence are logged with a notation of the nature of each item.
[81 FR 56352, Aug. 19, 2016, as amended 88 FR 82733, Nov. 24, 2023]