La. Admin. Code tit. 40 § IX-521

Current through Register Vol. 50, No. 11, November 20, 2024

Section IX-521 - Complaint Procedure

A. Filing

1. Any apprentice or applicant for apprenticeship who believes that he or she has been discriminated against on the basis of race, color, religion, national origin, or sex, with regard to apprenticeship, or that equal opportunity standards with respect to his or her selection have not been followed during an apprenticeship program may, by himself/herself, or by an authorized representative, file a complaint with the apprenticeship division, or at the apprentice's or applicant's election with a private review body established pursuant to §521. A.3 The complaint shall be in writing and signed by the complainant. It must include the name, address, and telephone number of the person allegedly discriminated against, the program sponsor involved, and a brief description of the circumstances of the failure to apply the equal opportunity standards provided for in this plan.

2. The complaint must be filed not later than 180 days from the date of the alleged discrimination or specified failure to follow equal opportunity standards. In the case of complaints filed directly with review bodies designated by program sponsors to review such complaint, any referral of such complaint by the complainant to the apprenticeship division must occur within the time limitation stated above or 30 days from the final decision of such review body, whichever is later. The time may be extended by the apprenticeship division for good cause shown.

3. Sponsors are encouraged to establish fair, speedy, and effective procedures for a review body to consider complaints of failure to follow equal opportunity standards. A private review body established by the program sponsor for this purpose should number three or more responsible persons from the community serving in this capacity without compensation. Members of the review body should not be directly associated with administration of an apprenticeship program. Sponsors may join together in establishing a review body to serve the needs of programs within the community.

B. Processing of Complaints

1. When the sponsor has designated a review body for reviewing complaints, and if the Apprenticeship Division determines that such review body will effectively enforce equal opportunity standards, the Apprenticeship Division, upon receiving a complaint, shall refer the complaint to the review body.

2. The Apprenticeship Division shall, within 30 days following referral of a complaint to the review body, obtain reports from a complainant and the review body as to the disposition of the complaint. If the complaint has been satisfactorily adjusted, and there is no other indication of failure to apply equal opportunity standards, the case shall be closed and all parties appropriately informed.

3. When a complaint has not been resolved by the review body within 90 days, or when, despite satisfactory resolution of the particular complaint by the review body, there is evidence that equal opportunity practices of the apprenticeship program are not in accordance with this plan, the apprenticeship division may conduct such compliance review as found necessary and will take all necessary steps to resolve the complaint.

4. Where no review body exists, the apprenticeship division may conduct such compliance review as found necessary in order to determine all facts of the complaint, and obtain such other information relating to compliance with these regulations as circumstances warrant.

5. Sponsors shall provide written notice of the above complaint procedure to all applicants for apprenticeship and all apprentices.

La. Admin. Code tit. 40, § IX-521

Promulgated by the Department of Labor, Office of Labor, LR 12:437 (July 1986), amended LR 17:356 (April 1991), amended by the Louisiana Workforce Commission, Office of Workforce Development, LR 37:2223 (July 2011).

AUTHORITY NOTE: Promulgated in accordance with R.S. 23:381-391.