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WIA-1010AFORPD (7-12)

ARIZONA DEPARTMENT OF ECONOMIC SECURITY

Employment Administration • Workforce Investment Act (WIA)

WHEN TO FILE

Generally, a complaint must be filed within 180 days of the alleged discrimination. However, for good cause shown, the CRC

Director may extend the filing time. The time period for filing is for the administrative convenience of CRC, and does not create

a defense for the respondent.

COMPUTATION OF TIME

In computing any time period as prescribed by these rules, the first day will be excluded and the last included to complete the

period. In addition, the time periods are counted in calendar days, not work days.

DISCRIMINATION COMPLAINT CONTENTS

Each complaint must be filed in writing, and must contain the following information:

1. Complainant’s name and address (or another means of contacting the complainant);

2. Identity of the respondent (the individual or entity that the complainant alleges is responsible for the discrimination);

3. Description of the complainant’s allegations. This description must include enough detail to allow the EO Officer or

Director of CRC to decide whether:

(a) WIA jurisdiction over the complaint exists;

(b) The complaint was filed in time; and

(c) The complaint has apparent merit; in other words, whether the complainant’s allegations, if true, would violate any of

the nondiscrimination and equal opportunity provisions of WIA or 29 CFR Part 37; and

4. The complaint has been signed by either the complainant or the complainant’s authorized representative.

The complaint may be filed on any form, including the State of Arizona WIA Discrimination Complaint Form (Attachment B),

but the contents of the complaint must still contain the requirements listed in this section.

RIGHT OF REPRESENTATION

Both the complainant and the respondent have the right to be represented by an attorney or other individual of their choice. Each

person will bear their own costs of representation.

DISCRIMINATION COMPLAINT PROCESSING PROCEDURES

All complaints will be date stamped upon reciept and forwarded to the appropriate EO Officer for processing.

1. The EO Officer will provide a written acknowledgment of receipt of the complaint to the complainant within 5 days with

notice that the complainant has the right to be represented in the complaint process.

2. Upon receipt of a complaint or information alleging discrimination, the EO Officer will:

Review the complaint for accuracy and completeness;

ii) Initiate an investigation or fact-finding of the circumstances underlying the complaint that shall last at least 14 calendar

days;

iii) Provide written notice to all parties of the specific issues raised in the complaint;

iv) Provide a statement for each issue, either accepting the issue for investigation or rejecting the issue, and the reasons for

each rejection;

Inform all parties of their right to representation by an attorney or other individual of their choice;

vi) Inform all parties of their right to present evidence;

vii) Inform all parties of their right to rebut evidence presented by others;

viii) Provide for a decision made strictly on the documented evidence.

3. The EO Officer will contact the complainant in writing no later than 14 calendar days of receipt of the complaint to

determine the complainant’s willingness to mediate using the following alternative dispute resolution (ADR) procedures:

The choice whether to use the ADR or the customary process rests with the complainant;

A party to any agreement reached under ADR may file a complaint with the CRC Director in the event the agreement is

breached. In such circumstances, the following rules will apply:

i) The non-breaching party may file a complaint with the CRC Director within 30 days of the date on which the

nonbreaching party learns of the alleged breach;

Attachment A

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Instructions For Form Wia-1010aforpd - Wia Equal Opportunity And Discrimination Complaint Policy Page 2

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