| 20 CFR 645.255, .270
TITLE 20--EMPLOYEES' BENEFITS
CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR
PART 645--PROVISIONS GOVERNING WELFARE-TO-WORK GRANTS
Subpart B--General Program and Administrative Requirements
Sec. 645.255 What nondiscrimination protections apply to participants in Welfare-to-Work programs?
(a) All participants in WtW programs under this part shall have such
rights as are available under all applicable Federal, State and local
laws prohibiting discrimination including:
(1) The Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.);
(2) Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794);
(3) The Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.); and
(4) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et
seq.).
(b) Complaints alleging discrimination in violation of any
applicable Federal, State or local law, including those listed in
paragraph (a) of this section, shall be processed in accordance with
those laws and the implementing regulations.
(c) Questions about or complaints alleging a violation of the
nondiscrimination laws in paragraph (a) of this section may be directed
or mailed to the Director, Civil Rights Center, U.S. Department of
Labor, Room N4123, 200 Constitution Avenue, NW, Washington, DC 20210 for
processing.
(d) Participants in job readiness and employment activities operated
with WtW funds, as defined in Sec. 645.220 of this part, shall not be
discriminated against because of gender. Participants alleging gender
discrimination may file a complaint using the State's grievance system
procedures as described in Sec. 645.270 of this part (section
403(a)(5)(J)(iii) of the Act).
Sec. 645.270 What procedures are there to ensure that currently employed
workers may file grievances regarding displacement and that Welfare-to-Work
participants in employment activities may file grievances regarding displacement,
health and safety standards and gender discrimination?
(a) The State shall establish and maintain a grievance procedure for
resolving complaints from:
(1) Regular employees that the placement of a participant in an
employment activity operated with WtW funds, as described in
Sec. 645.220 of this part, violates any of the prohibitions described in
Sec. 645.265 of this part; and
(2) Program participants in an employment activity operated with WtW
funds, as described in Sec. 645.220 of this part, that any employment
activity violates any of the prohibitions described in Secs. 645.255(d),
645.260, or 645.265 of this part.
(b) Such grievance procedure should include an opportunity for
informal resolution.
(c) If no informal resolution can be reached within the specified
time as established by the State as part of its grievance procedure,
such procedure shall provide an opportunity for the dissatisfied party
to receive a hearing upon request.
(d) The State shall specify the time period and format for the
hearing portion of the grievance procedure, as well as the time period
by which the complainant will be provided the written decision by the
State.
(e) A decision by the State under paragraph (d) of this section may
be appealed by any dissatisfied party within 30 days of the receipt of
the State's written decision, according to the time period and format
for the appeals portion of the grievance procedure as specified by the
State.
(f) The State shall designate the State agency which will be
responsible for hearing appeals. This agency shall be independent of the
State or local agency which is administering, or supervising the
administration of the State TANF and WtW programs.
(g) No later than 120 days of receipt of an individual's original
grievance, the State agency, as designated in paragraph (f) of this
section, shall provide a written final determination of the individual's
appeal.
(h) The grievance procedure shall include remedies for violations of
Secs. 645.255(d), 645.260, and 645.265 of this part which may continue
during the grievance process and which may include:
(1) Suspension or termination of payments from funds provided under
this part;
(2) Prohibition of placement of a WtW participant with an employer
that has violated Secs. 645.255(d), 645.260, and 645.265 of this part;
(3) Where applicable, reinstatement of an employee, payment of lost
wages and benefits, and reestablishment of other relevant terms,
conditions, and privileges of employment; and
(4) Where appropriate, other equitable relief (section
403(a)(5)(J)(iv) of the Act).
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