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The Central Arkansas Planning and Development District, Inc. (CAPDD) is committed to the concept of Equal Employment Opportunity without regard to race, color, creed, sex, national origin, age, religion, or physical or mental impairment and shall advise all employees and the Community at large of its commitment to Equal Employment Opportunity and affirmative action.
Equal Opportunity Is The Law
- Central Arkansas Planning and Development District, Inc. shall not discriminate on the grounds of race, color, religion, sex, national origin, age, disability, political affiliation or belief; and against any beneficiary of programs financially assisted under Title I of the Workforce Investment Act of 1998 (WIA), on the basis of the beneficiary’s citizenship/status as a lawfully admitted immigrant authorized to work in the United States, or his/her participation in any WIA Title I-financially assisted program or activity.
- CAPDD shall not discriminate in any of the following areas:
a. Determination of who will be admitted, or have access, to any WIA Title I financially assisted program or activity; providing opportunities in, or treating any person with regard to, such a program or activity; or making employment decisions in the administration of, or in connection with, such a program or activity.
- A client who believe he/she has been subjected to discrimination under a WIA Title I-financially assisted program or activity, may file a complaint within 180 days from the date of the alleged violation with either:
a. CAPDD’s Equal Opportunity Officer (or the person designated for this purpose); or
b. The Director, Civil Rights Center (CRC), U.S. Department of Labor, 200 Constitution Avenue NW, Room N-4123, Washington, DC 20210.
- If the complaint is filed with CAPDD.
a. CAPDD shall issue a written Notice of Final Action within 90 days of such filing of complaint.
b. The complainant may only submit such filing with the Director of Civil Rights Center (CRC), U.S. Department of Labor, 200 Constitution Avenue NW, Room N-4123, Washington, D.C. 20210 after receiving the Notice of Final Action or after Ninety (90) days whichever is sooner. However any such complaint must be filed within 30 days of the receipt of the Notice of Final Action or the ninety-day time limit.
NOTE: The Central Arkansas Planning and Development District, Inc. (CAPDD) shall provide reasonable accommodations as required by federal and state legislation, including Section 503 and 504 of the Rehabilitation Act of 1973 as amended, and the Americans with Disabilities Act (ADA) of 1990, to persons with disabilities who are otherwise qualified for positions for which they are applying or in which they are employed. For additional information contact the Executive Director or Equal Opportunity Officer.
The Central Arkansas Planning and Development District, Inc. shall assure nondiscrimination and equal opportunity in the operation and administration of all programs, services, and activities funded in whole or in part with federal funds. The Equal Opportunity Officer/Director/Manager is designated as the responsible individual for affecting compliance with this part.
CAPDD shall establish, maintain and make available a procedure for processing/resolving discrimination complaints alleging violation of the requirement of Title I of the Workforce Investment Act of 1998 or Arkansas Act 1125 of 1999.
Any individual who believes that he/she has been discriminated against has the right to file a complaint within 180 days of the alleged discriminatory act(s) in accordance with the CAPDD Discrimination Complaint Procedures.
A. Filing Complaints Of Discrimination
1. Any person who believes that either he or she, or any specific class of individuals, has been or is being subjected to discrimination prohibited by WIA or 29 CFR Part 37 may file a written complaint, either by him/herself or through a representative.
2. A complainant may file a complaint with either:
a. Local One-Stop Equal Opportunity Officer, P.O. Box 300, Lonoke, Arkansas, (501) 676-2721 or ARS 1-800-285-1121 (Voice) or 1-800-285-1131 (TDD)
b. State WIA Equal Opportunity Manager, P.O. Box 2981, Little Rock, Arkansas 72203; (501) 682-3106 or ARS 1-800-285-1121 (Voice) or 1-800-285-1131 (TDD)
c. The Director of the Civil Rights Center (CRC), U.S. Department of Labor, 200 Constitution Ave. NW, Room N-4123, Washington, D.C. 20210, or the address listed in 29 CFR Part 37.
3. Complaints shall be filed within 180 calendar days of the alleged violation unless; such time limitation is waived by the Director of CRC for good cause shown. The WIA EO Manager shall not accept complaints filed after the 180-day limit unless the complaint includes written notice of a waiver obtained from the Director of CRC.
4. All Complaints shall be submitted in writing. A complainant may file a complaint by:
a. Completing and submitting CRC Complaint Information
b. Submitting a written document containing the information required by 29 CFR Section 37.73 which includes:
1) The complainant’s name and address, or other means of contacting the complainant;
2) The identity of the respondent;
3) A description of the complainant’s allegations with sufficient detail to allow the WIA EO Manager to determine whether the WIB has jurisdiction, whether the complaint was filed on time, and whether the complaint has apparent merit, and
4) The complaint’s signature or the signature of complaint’s representative.
5) Both the complainant and the respondent have the right to representation by an attorney or other individual of their choice. The WIB shall not be responsible for any costs incurred by either the complainant or the respondent in obtaining representation.
1. The WIA EO Manager shall accept and investigate only those discrimination complaints alleging a violation of WIA Section 188 or 29 CFR Part 37 by a respondent or the WIA.
2. If a complaint filed with the WIA EO Manager alleges discrimination by a recipient on a basis that is both prohibited by WIA Section 188 and by a federal law enforced by a federal grant-making agency other than the U.S. Department of Labor, and the recipient is funded in whole or in part by that other federal agency, the WIB shall refer the complaint to the other federal agency for processing under the other federal agency’s procedures.
3. If the WIA EO Manager determines that the WIA does not have jurisdiction over the complaint, he/she shall provide written notification to the complainant, which includes:
a. A statement of the reasons for the determination: and
b. A notice that the complainant may file a complaint with CRC within 30 days of the receipt of the notification.
1. If the WIA EO Manager determines that the WIB does have jurisdiction over a complaint alleging discrimination, the WIA EO Manager shall issue a written acknowledgement of receipt including a notice of the complainant’s right to representation in the complaint process and the opportunity to participate in an alternate dispute resolution rather than the customary process described in 29 CFR Section 32.76(b) and in this section.
2. The WIA EO Manager shall also issue to the complainant a statement of the issues raised in the complaint and a statement regarding each issue of whether the WIB will accept the issue for investigation or reject the issue with the reasons for any refection.
3. The WIA EO Manager shall investigate the circumstances underlying the complaint.
4. The WIA EO Manager shall attempt to resolve the complaint. At any point in the investigation of a complaint, the complaint, respondent or the WIA EO Manager may request that the parties attempt conciliation. The WIA EO Manager will act to facilitate such conciliation efforts.
5. Within 90 days of the date of receipt of the complaint, the WIB shall issue a Notice of Final Action, which shall include:
a. For each issue raised, the WIB decision on the issue and reasons for the decision, or a description of the way the parties resolved the issue; and
b. Notice that the complaint has the right to file a complaint with CRC within 30 days of the date on which the Notice of final Action is issued, if he/she is dissatisfied with WIB final action on the complaint.
6. If the complainant is dissatisfied with the WIB decision in the Notice of Final Action, the complainant or his/her representative may file a complaint with the Director of CRC within 30 days of the date on which the complainant received the Notice.
7. If by the end of the 90-day period from the date on which the WIA EO Manager received the complaint, the WIB fails to issue a Notice of Final Action, the complainant or his/her representative may file a complaint with the Director of CRC within 30 days of the date on which the complaint was filed.
NOTE: The CAPDD EEO Policy is subject to change at any time in response to changes and revisions to state and federal laws and regulations.
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