Complaint Procedures

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Affirmative Action

Workforce West Virginia administers a number of federal programs and services designed to assist individuals in seeking employment and to help employers acquire talent. Workforce West Virginia strives to ensure that equitable services are provided in regard to non-discrimination and equal opportunity regulations mandated by state and federal laws as follows:

  • Section 188 of the Workforce Investment Act of 1988 (WIA) which prohibits discrimination against all individuals in the United States on the basis of race, color, religion, sex, national origin, age, disability, political affiliation or belief, and against beneficiaries on the basis of either citizenship/status as a lawfully admitted immigrant authorized to work in the United States or participation in any WIA Title I financially assisted program or activity;
  • Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color or national origin;
  • Section 504 of the Rehabilitation Act of 1975, as amended, which prohibits discrimination against qualified individuals with disabilities;
  • Americans with Disabilities Act of 1990, as amended, which prohibits discrimination against individuals with disabilities;
  • The Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; and
  • Title IX of the Education Amendments of 1972, as amended, which prohibits discrimination on the basis of sex in educational programs.

Equal Opportunity is the Law

Workforce West Virginia is an equal opportunity employer and complies with all state and federal nondiscrimination laws in the administration of its programs. Auxiliary aids and services are available upon request to individuals with disabilities.

What to Do If You Believe You Have Experience Discrimination

If you think that you have been subjected to discrimination under a WIA Title I-financially assisted program or activity, you may file a complaint within 180 days from the date of the alleged violation with either:

Vickie Elkins, EO Officer
WorkForce West Virginia
112 California Avenue
Room 104
Charleston, WV 25305
Phone: 304-558-1600
Fax: 304-558-0258
TTY: 304-558-1549

Naomi M. Barry-Perez, Director
Civil Rights Center (CRC)
U. S. Department of Labor
200 Constitution Avenue, NW
Room N-4l23
Washington, DC, 20210
Phone: 202-693-6502
TTY: 202-693-6514

If you wish to file your complaint at the State or local workforce area, you may download the Discrimination Complaint Form. Please fax or mail the completed form to the EO Officer at Workforce West Virginia at the address shown above. When filing with the State or local workforce area, you must wait until the recipient issues a Notice of Final Action, or until 90 days have passed (whichever is sooner) before filing with the Civil Rights Center (USDOL CRC).

If the State or local workforce area does not send a written Notice of Final Action within 90 days of the day on which the complaint was filed, you do not have to wait for the recipient to issue that Notice before filing a complaint with the CRe. However, you must file your CRC complaint within 30 days of the 90-day deadline (in other words, within 120 days after the day on which you filed your original complaint with the recipient).

If you receive a written Notice of Final Action on your complaint, but you are dissatisfied with the decision or resolution, you may file a complaint with CRC. You must file your CRC complaint within 30 days of the date you received the Notice of Final Action.

Labor Law Posters

As a courtesy to West Virginia employers, Workforce West Virginia will provide a packet of labor law posters that are required under State and federal law.

WorkForce West Virginia is an equal opportunity employer/program.
Auxiliary Aids and services are available upon request to individuals with disabilities.

 

Equal Opportunity

EQUAL OPPORTUNITY POLICY STATEMENT

It is the policy of the State of West Virginia to afford equal opportunity in all aspects of employment and training regardless of race, color, religion, national origin, political affiliation, disability, citizenship, sex or age; and to assure compliance with Section l88(a) of the Workforce Investment Act, as set forth below.

NONDISCRIMINATION

Section l88(a)

  1. For the purpose of applying the prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101, et. seq.), on the basis of disability under Section 504 of the Reh~bilitation Act of 1973 (29 U.S.c. 794), on the basis of sex under Title IX of the Education Amendments of . 1972 (20 U.S.C. 1681 et. seq.), or on the basis of race, color, or national origin under Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et. seq.), programs and activities funded or otherwise fmancially assisted in w40le or in part under this Act are considered to be programs and activities and receiving Federal financial assistance.
  2. No individual shall be excluded from participation in, denied the benefits of, subjected to discrimination under, or denied employment in th administration of or in connection with, any such program or activity because of race, color, religion, sex (except as otherwise permitted under Title IX of the Education Amendments of 1972), national origin, age, disability, or political affiliation or belief.
  3. Participants shall not be employed under this title to carry out the construction, operation, or maintenance of any part of any facility that is used or to be used for sectarian instruction or as a place for religious worship (except with respect to the maintenance of a facility that is not primarily or inherently devoted to sectarian instruction or religious worship, in a case in which the organization operating the facility is part of a program or activity providing services to participants).
  4. No person may discriminate against an individual who is a participant in a program or activity that receives funds under this title, with respect to the terms and conditions affecting, or rights provided to, the individual, solely because of the status of the individual as a participant.
  5. Participation in programs and activities or receiving funds under this title shall be available to citizens and nationals of the United States, lawfully admitted permanent resident aliens, refugees, asylees, and parolees, and other immigrants authorized by the Attorney General to work in the United States.

If you think you have been subjected to discrimination you may file a written complaint within 180 days with the:

EO Officer
WorkForce West Virginia
1900 Kanawha Boulevard East
Building 3, Suite 300
Charleston, WV 25305
Telephone (304) 558-1600
TTY (304) 558-1549

Director, Civil Rights Center (CRC)
U. S. Department of Labor
200 Constitution Avenue, NW, Room N-4l23
Washington, DC, 20210
Telephone (202) 693-6502
TTY (202) 693-6515

 

Equal Opportunity Related Links

Resources

Mediation Brochure

Complaints Form

Work Posters

Reasonable Accommodations and Modifications poster

Customer Reasonable Accommodation Request Form

Related Links

West Virginia Human Rights Commission
http://www.hrc.wv.gov/Pages/default.aspx

Equal Employment Opportunity Commission (EEOC)
http://www.eeoc.gov/

EO is the law
A26-EO_Is_the_Law_WIOA.pdf

US Department of Labor – Civil Rights Center
http://www.dol.gov/oasam/programs/crc/

ADA Enforcement Guidance: Pre-Employment Disability Related Questions
http://www.eeoc.gov/policy/docs/medfin5.pdf

Americans with Disabilities Act (ADA) Homepage
http://www.ada.gov/

Americans with Disabilities Act (ADA Questions & Answers)
http://www.ada.gov/qandaeng.htm