Instructions For Form Wia-1010aforpd - Wia Equal Opportunity And Discrimination Complaint Policy Page 4

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WIA-1010AFORPD (7-12)
ARIZONA DEPARTMENT OF ECONOMIC SECURITY
Employment Administration • Workforce Investment Act (WIA)
IF THE EO OFFICER FAILS TO ISSUE A NOTICE OF FINAL ACTION WITHIN 90 DAYS OF WHEN
COMPLAINT WAS FILED
If, by the end of 90 days from the date on which the complaint was filed, the EO Officer has failed to issue a Notice of Final
Action, the complainant or his/her representative may file a complaint with the CRC Director within 30 days of the expiration
of the 90 day period. In other words, the complaint must be filed with the CRC Director within 120 days of the date on which
the complaint was filed with the EO Officer.
CONFIDENTIALITY
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:
1. The fact that the complaint has been filed;
2. The identity of the complainant(s);
3. The identity of individual respondents to the allegations; and
4. The identity of any person(s) who furnished information relating to, or assisting in, a complaint investigation or a
compliance review will only be released to the extent necessary to investigate and fairly determine the issues raised in the
complaint or as otherwise required by law.
CONFIDENTIALITY OF COMPLAINT
All parties against whom the complaint is filed, will receive a copy of the complaint during the course of the investigation or
alternative dispute resolution in order to allow the individual or entity the opportunity to respond to the allegation(s). The name
of the complainant will only be released to the extent necessary to investigate and fairly determine the issues raised in the
complaint.
INTIMIDATION AND RETALIATION PROHIBITED
It is prohibited to discharge, intimidate, retaliate, threaten, coerce or discriminate against any person because
such person has:
filed a complaint alleging a violation of WIA or the regulations;
opposed a practice prohibited by the nondiscrimination and equal opportunity provisions of WIA or the regulations;
furnished information to, assisted or participated in any manner in, an investigation, review, hearing or any other activity
related to administration of, or exercise of authority under, or privilege secured by, the nondiscrimination and equal
opportunity provisions of WIA or the regulations; or
exercised authority under or privileges secured by the nondiscrimination and equal opportunity provisions of WIA or the
regulations.
The sanctions and penalties contained in Section 188(b) of WIA or the regulations will be imposed against any LWIA that
engages in any such retaliation or intimidation, or fails to take appropriate steps to prevent such activity.
Equal Opportunity Employer/Program • Under Titles VI and VII of the Civil Rights Act of 1964 (Title VI & VII), and the Americans
with Disabilities Act of 1990 (ADA), Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and Title II of
the Genetic Information Nondiscrimination Act (GINA) of 2008; the Department prohibits discrimination in admissions,
programs, services, activities or employment based on race, color, religion, sex, national origin, age, disability, genetics and retaliation.
The Department must make a reasonable accommodation to allow a person with a disability to take part in a program,
service or activity. Auxiliary aids and services are available upon request to individuals with disabilities. For example, this means if
necessary, the Department must provide sign language interpreters for people who are deaf, a wheelchair accessible location, or
enlarged print materials. It also means that the Department will take any other reasonable action that allows you to take part in and
understand a program or activity, including making reasonable changes to an activity. If you believe that you will not be able to
understand or take part in a program or activity because of your disability, please let us know of your disability needs in advance if at
all possible. To request this document in alternative format or for further information about this policy, contact your local office
manager; TTY/TDD Services: 7-1-1. • Free language assistance for DES services is available upon request. Disponible en español en
línea o en la oficina local.
Attachment A
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