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To:  All Interested Parties

Subject:  Complaint and Grievance Policy - Discrimination

Effective Date: November 4, 2001

A. BACKGROUND

Consistent with 29 CFR Part 37.76 through 37.79, the Snohomish County Workforce Development Council (WDC) and its partners maintain compliance with the requirements of the Workforce Investment Act (WIA) regarding the processing of discrimination complaints.

Every subrecipient under WorkSource Snohomish County adheres to WIA Policy 3450 - Equal Opportunity Discrimination Complaint Processing Policy and Procedures and uses the USDOL/CRC Complaint Information Form or a comparable document and the attached Consent Form.

The WDC complaint procedures for employee complaints, allegations, or grievances is separate from that for participants because each subrecipient's employees have procedural and other rights guaranteed by laws, collective bargaining agreements, or partner policies specific to that recipient. For the WDC itself, these procedures are described in the WDC's Personnel Policies.

Additionally, the WDC has procedures for audit resolution and appeal which are described in General Program Management Policies and Procedures Memorandum #01-04.

B. PROCESS

Each WorkSource Snohomish County applicant for services, program participant, applicant for employment, employee, and subrecipient is to be advised of her/his right to file a complaint. Any individual who believes that s/he has been discriminated against has the right to file a complaint on the basis of race, color, national origin, religion, sex, age, disability, political affiliation or belief, her/his status as a beneficiary of programs financially assisted by Title I of WIA or the Welfare to Work Program, or on the basis of citizenship/status as a lawfully admitted immigrant authorized to work in the United States, or her/his participation in any WIA Title I or Welfare to Work Program financially assisted program or activity. Complaints must be filed within 180 days of the alleged discrimination. Complainants may file with the WDC EO Officer, directly with the State EO Officer, and/or with the Director of the Civil Rights Center.

The complaint process provides for prompt and equitable resolution of complaints and includes the following elements:

• initial written notice;
• acknowledgement of receipt;

• notice of right to representation;
• issues raised in the complaint;
• a period of fact-finding that includes alternative dispute resolution (ADR)/mediation, and;
• written Notice of Final Action.

Upon receipt of a complaint, the EO Officer is required to keep the following information confidential to the maximum extent possible, consistent with applicable law and fair determination of the complaint:

• the fact that the complaint has been filed;

• the identity of the complainant(s);
• the identify of individual respondents to the allegations; and
• the identify of any person(s) who furnished information relative to, or assisting in, a complaint investigation.

If the WDC EO Officer determines that another entity has jurisdiction and it is appropriate to refer a complaint, the EO Officer will promptly refer the complaint to that entity, properly informing those with a need to know if this decision, and providing an explanation.

A separate system is maintained for logging, tracking, and reporting on discrimination complaints. This log contains (1) date complaint was filed, (2) name and address of complainant, (3) grounds for complaint, (4) description of complaint, and (5) disposition of complaint.

C. RESPONSIBILITIES

The State EO Officer has overall responsibility for developing and implementing complaint procedures and ensuring WDC staff are provided training required by DOL regulations. The State EO Officer provides oversight, monitoring, and technical consultation to the WDC for the processing of all discrimination complaints regarding WIA Title I and Welfare to Work Program services including provision of the ADR/mediation services required under 29 CFR Part 37.

Within this context, the WDC EO Officer is responsible for:

• adopting, publicizing, and implementing the State discrimination process in Snohomish County in accordance with DOL regulations;
• assisting WorkSource Snohomish County applicants and participants in filing a complaint;
• providing oversight and monitoring for logging, tracking, reporting, and processing all discrimination complaints file against any WorkSource Snohomish County subrecipient or partner regarding WIA Title I or Welfare to Work Program services; and;
• providing intake services for discrimination complaints to determine if the complaint is covered by 29 CFR Part 37, resolving jurisdictional issues and, if appropriate, routing the complaint to the appropriate WorkSource Snohomish County subrecipient or partner for processing.

The WDC EO Officer is also responsible for conferring with the State EO Officer promptly prior to determining jurisdiction over a given complaint.

D. COMMUNICATION

Information regarding the complaint process is made available to every WorkSource Snohomish County subrecipient, partner, and client. The attached Summary of Rights and Complaint and Grievance Procedures is to be posted through the WorkSource Snohomish County system and provided to applicants for WIA Title I and Welfare to Work Program services. Each WIA Title I and Welfare to Work Program participant is to have a copy of the Intake/Orientation Documentation form, also attached, in her/his file documenting receipt of the Summary information. The information contained in the Summary of Rights and Complaint and Grievance Procedures is to be made available in alternate formats as needed.