| (a) Any individual who believes that they or any specific
class of individuals have been or is being subjected to discrimination
prohibited by WIOA or 29 CFR Part 38 may file a written complaint,
either alone or through a representative.
(b) A complainant may file a complaint with:
(1) the local Board EO Officer;
(2) the State-Level EO Officer at: Texas Workforce
Commission, 101 E. 15th Street, Room 504, Austin, Texas 78778; or
(3) the Director of the Civil Rights Center at: US
Department of Labor, 200 Constitution Ave. NW, Room N-4123, Washington,
DC 20210, or the address listed in 29 CFR Part 38.
(c) Complaints shall be filed within 180 calendar days
of the alleged violation unless such time limitation is waived by
the Director of CRC for good cause shown.
(d) All complaints shall be submitted in writing, either
electronically or in hard copy. A complainant may file a complaint
by:
(1) completing and submitting a CRC Complaint Information
and Privacy Act Consent Form;
(2) completing and submitting a Texas Workforce Commission
Discrimination Complaint form; or
(3) submitting a written document containing the information
required by 29 CFR §38.70, which includes:
(A) the complainant's name and address, or other means
of contacting the complainant;
(B) the identity of the respondent;
(C) a description of the complainant's allegations
with sufficient detail to allow the EO Officer to determine whether
the Board or the Agency has jurisdiction, whether the complaint was
filed on time, and whether the complaint has apparent merit; and
(D) the complainant's signature or the signature of
the complainant's representative.
(e) Both the complainant and the respondent have the
right to representation by an attorney or other individual of his
or her choice. The Agency shall not be responsible for any costs incurred
by either the complainant or the respondent in obtaining representation.
(f) For the purposes of this subchapter, filing with
the Agency shall be deemed to have occurred on the date that the written
notice is received by the Agency.
|
