Policy Chapters and Sections

Key Elements of the Complaint

Chapter: 10 Section: 8.2
Effective Date: 2/15/2019
Expiration Date: Continuing
Published Date: 9/9/2020 12:53:13 PM
Status: Current
Version: 2

Tags: EO, Disability, Equal Employment Opportunity, Nondiscrimination, NDP, NDP, NDP

29 CFR 38.70 outlines specific elements that must be apparent in the recipient’s complaint processing procedures. The procedures must include the following:

  1. Initial written notice including:
    1. Acknowledgment of the written complaint; and
    2. Notice to the complainant of his/her right to be represented in the complaint process.
  2. Written statement of issues including:
    1. List of the issues raised in the complaint; and
    2. Statement whether the recipient accepts the issue for investigation or rejects the issue and the reasons for each rejection.
  3. Process for investigation or fact-finding:
    1. The choice to use customary process rests with the complainant.
  4. Alternative Dispute Resolution (ADR) process:
    1. Choice for the complainant to use ADR or the customary process; and
    2. Provision for any party to file a complaint with the CRC Director if ADR agreement is breached.
  5. Written Notice of Final Action including:
    1. The recipient’s decision and explanation (investigation or fact-finding) or of the way the parties resolved the issue if using ADR;
    2. A notice stating that if the complainant is dissatisfied with the recipient’s resolution of the complaint, he or she has the right to file a complaint with CRC within thirty (30) days;
    3. Notice of Final Action (ninety (90) days); and
    4. Recordkeeping.