JS Grievance Procedures

GRWDA-WIOA.21

Workforce/WIOA/FORMS/Grievance

February 2018 Revised: March 5, 2018, December 2, 2019

Name*

First NameLast Name

Green River Workforce Development Area
Workforce Innovation and Opportunity Act (WIOA)
Trade Adjustment Assistance (TAA)
Grievance Procedures

The Grievance Procedures shall apply to alleged violations of the Workforce Innovation & Opportunity Act, the Regulations, and any WIOA contract under which the customer is participating. Except for complaints alleging fraud, criminal activity, or Equal Employment Opportunity (EEO) discrimination, which should be filed within one hundred eighty (180) days, customers have within one year of the alleged occurrence to file a grievance.

Rules and policies governing selection, participation, attendance or employment procedures of the employer or agency, applicable to regular (non-WIOA) customers or employees, shall apply to any WIOA customer who is to be terminated by an employer or agency from a training or employment position subsidized with WIOA funds. Customer recourse shall be the same as that available to other employees/trainees with the same employer or agency.

Grievance Procedure
1. You are encouraged to request a preliminary meeting with the employer/training agency to attempt to resolve the complaint.

2. If the complaint is not settled to your satisfaction, you can file a grievance to the Green River Workforce Development Board by summarizing the complaint in writing and sending it to:

Michelle Drake

Kentucky Career Center – Green River

3108 Fairview Dr. Owensboro, KY 42303

3. The Green River Workforce Development Board will schedule a Grievance Hearing within thirty (30) calendar days of receipt of the formal written complaint. A written decision will be made within ninety (90) calendar days of the filing of the grievance.

4. If you do not agree with the decision issued, and you wish to appeal, you must file a written request for an appeal to the Kentucky Education Cabinet's Appeals Agency. This must be done within ten (10) calendar days of receipt of the hearing decision. The appeal will consist of a review of the findings from the formal hearing. A decision shall be issued within 30 days of receipt of the appeal request and the decision shall be final.

5. Failure to follow these steps and time frames may result in the complaint being dismissed.

I have been instructed as to my rights and responsibilities under the WIOA Program and do hereby acknowledge my understanding of the same. My signature also affirms that I have received my copy of the Discrimination Complaint Procedure.

Signature*

Date*

Date

DISCRIMINATION COMPLAINT PROCEDURES

Procedure

A. All discrimination complaints must be filed within 180 days from the date of the alleged act. However, the 180 day filing period may be extended by Directorate of Civil Rights (DCR) upon showing of good cause.

B. Complaints from staff, applicants, claimants or participants alleging discrimination on the basis of race, color, national origin, age, sex, religion, citizenship (staff excluded) and political affiliation or belief or Workforce Innovation & Opportunity Act (WIOA) participation must be submitted directly to:

Directorate of Civil Rights (DCR)
U.S. Department of Labor
200 Constitution Avenue, N.W., Room N-4123
Washington, D.C. 20210

Workforce Innovation & Opportunity Areas (WIOAs) may wish to assist complainants in their exercise of that Federal right, by making available to them DCR's Official Complaint Information Form *(CIF) DL 1-2014a (Rev. 6/87) and by assisting them in completing the form.
The CIF is the preferred method for filing a complaint. However, any written contact with DCR will suffice to initiate a complaint.

C. Complaints alleging discrimination based on handicap status must follow Section 504 procedures that require that complainants exhaust a local level grievance procedure herein established by the Workforce Development Board.
Procedure

1. Any staff, applicant, claimant or participant may orally present and discuss his or her complaint with the WIOA Director or his/her designee.

2. In order for a complaint to be considered a formal complaint, it must be presented in writing and filed within 180 days from the date of the alleged act.

3. The WIOA shall complete an investigation within a maximum period of 30 days of receipt of the complaint. Documentation must be maintained on the results of the investigation and recommendations, if any, for remedial action(s) or appropriate settlement. A written report of the findings of fact and recommendations should then be forwarded by the WIOA to the State Monitor Advocate/EEO Officer within 30 days from receipt of the complaint.

4. The State Monitor Advocate/EEO Officer has 30 additional days to render the final departmental response to the complainant.

5. If a complainant does not receive a decision from the State Monitor Advocate/EEO Officer within 60 days of the filing of the complaint or receives an unsatisfactory decision, the complainant has a right to file with the Directorate of Civil Rights, U.S. Department of Labor, Room N-4123, 200 Constitution Avenue, N.W., Washington, DC 20210. This complaint must be filed within 30 days of the State Monitor Advocate/EEO Officer's decision or 90 days from the date of filing, whichever is earliest.