DWS Equal Opportunity Methods of Administration
DWS ensures:
Recipients that are required to do so (see CFR §38.33) have developed and published complaint procedures. (See 29 CFR §38.76) At a minimum, such procedures must provide for the issuance of a written Notice of Final Action within 90 days of the date on which the complaint is filed. (See 29 CFR 38.76(a))
DWS developed and published administrative discrimination complaint policy and procedures. The DWS Executive Management Team as well as the State Workforce Development Board approved the administrative policy. The policy is available to all DWS employees on the DWS Intranet and upon request to any interested parties.
The policy provides for written Notice of Final Action within 90 days of the date on which the complaint is filed. See DWS Customer Relations, Appeals, and Hearings Policy and Procedures, 1407-4 (14) and the DWS Complaint Process.
Complaint processing policy contains the elements listed in 29 CFR §38.76(b), which includes initial, written notice to the complainant that contains an acknowledgment that the recipient has received the complaint, and a notice that the complainant has the right to be represented in the complaint process. (See 29 CFR §38.76(b)(1))
The complaint processing policy provides for the issuance of a written Notice of Receipt and Acceptance and whether or not the complaint will be accepted, within 10 days of receipt of the discrimination complaint. See 1407-4 (11)(A). DWS’ complaint processing policy also provides that the complainant will be given notice of their right to be represented in the complaint process. See section 1407-4 (11)(B).
A written statement, provided to the complainant, that contains a list of the issues raised in the complaint and, for each issue, a statement whether the recipient will accept the issue, and the reasons for each rejection. (See 29 CFR §37.76(b)(2))
The complaint processing policy ensures the complainant will receive a written statement, which lists the issues raised in the complaint, along with a statement on each issue from DWS on whether it will accept the issue or the reasons for rejecting it. See section 1407-4 (11)(C) 1,2.
A period of fact-finding or investigation of the circumstances underlying the complaint. (See 29 CFR §37.76(b)(3))
DWS may take up to 20 working days for fact-finding or investigation of the underlying circumstances of the complaint.
The period during which the recipient attempts to resolve the complaints. The methods available to resolve the complaint must include alternative dispute resolution (ADR). (See CFR §37.76(b)(4) and (c))
DWS provides that complainants are advised of their right to request alternative dispute resolution (ADR), for which DWS has chosen to provide mediation. An explanation of mediation and the process, along with a mediation election form, is included in the written notice of complaint acceptance packet. The complainant is advised to complete, sign and return the mediation election form to DWS within 10 days of receipt of the packet.
A written Notice of Final Action, provided to the complainant within 90 days of the date on which the complaint was filed, that contains, for each issue raised in the complaint, either a statement of the recipient’s decision on the issue raised in the complaint; either a statement of the recipient’s decision on the issue and an explanation of the reasons underlying the decision, or a description of the way the parties resolved the issue; and Notice that the complainant has a right to file a complaint with CRC within 30 days of the date on which the Notice of Final Action is issued if he or she is dissatisfied with the recipient’s final action on the complaint. (See 29 CFR §38.76(b)(5))
The Discrimination Complaint Processing Procedures developed by DWS assure that complainants receive written Notice of Final Action within 90 days of the date on which the complaint was filed. The notice contains, for each issue raised, either a statement of DWS’ decision on the issue raised in the complaint and an explanation of the reasons underlying the decision, or a description of the way the parties resolved the issue. The notice also contains information as to the complainant’s right to file a complaint with the CRC within 30 days of the date on which the Notice of Final Action is issued if he or she is dissatisfied with DWS’ final action on the complaint. See 1407-4 (14)(D).
Describe the procedures to be followed if the complaint is filed more than 180 days after the date of the alleged violation. (See 29 CFR §38.78)
In the event a complaint is filed with DWS more than 180 days after the alleged violation, DWS policy requires the complainant be notified, in writing, with a Notice of Non-Jurisdiction. The letter indicates the basis for which the complaint is not covered by DWS, and the complainant’s right to file with the CRC and/or other appropriate entity. The means by which to file with CRC and/or the other appropriate entity is also included in the notice. See 1407-4 (13)(B).
Provide that, if the complainant is dissatisfied with the outcome of the investigation, or if there is no final resolution of the complaint within 90 days of the date the complaint is filed, the complainant is notified that he or she may file his or her complaint with the Civil Rights Center.
DWS policy provides that if the complainant is dissatisfied with the outcome of the investigation or if there is no final resolution of the complaint within 90 days of the date the complaint is filed, the complainant is notified that he or she may file the complaint with the CRC. See 1407-4 (14)(E).
Recipients follow the established procedures.
As narrated in element I of this MOA, Ms. Carolyn Parsons is the sole EO Officer for DWS. She is responsible for developing, implementing, updating and maintaining the Discrimination Complaint Processing Policy and Procedures and assures compliance with the policy as well as 29 CFR part 38. Additionally, the DWS EO Officer developed discrimination complaint procedures for staff to ensure proper handling and processing of discrimination complaints. These procedures are accessible to all staff via the DWS Intranet, in the DWS policy and procedure manual and may be accessed by typing “complaint” in the search box on the DWS website.