(a) JS-related complaints may be filed in any office of the State
job service agency.
(b) Assignment of complaints to local office personnel shall be as
follows:
(1) All JS-related complaints filed with a local office, and
alleging unlawful discrimination by race, color, religion, national
origin, sex, age, or physical or mental status unrelated to job
performance (handicap) shall be assigned to a local office Equal
Opportunity (EO) representative if the local office has a trained and
designated EO representative, or, if the local office does not have such
a representative, shall be sent immediately to the State agency for
logging and assignment to the EO representative or, where appropriate,
handled in accordance with the procedures set forth at 29 CFR part 31.
The EO representative shall refer complaints alleging discrimination by
employers to the Equal Employment Opportunity Commission or other
appropriate enforcement agency. Complaints retained by an EO
representative shall be subject to the hearing and appeal rights as are
normally provided in accordance with this subpart. The State agency
complaint specialist shall follow-up with the EO representative or with
other responsible enforcement agency monthly regarding MSFW complaints
and quarterly regarding non-MSFW complaints, and shall inform the
complainants of the status of the complaint periodically.
(2) All JS-related and non-JS related complaints other than those
described in paragraph (b)(1) of this section shall be handled by the
local office manager or assigned by the local office manager to a local
office employee trained in JS complaint procedures.
(c) Assignment of complaints to State office personnel shall be as
follows:
(1) The handling of all JS-related complaints received by the State
office alleging unlawful discrimination by race, color, religion,
national origin,
sex, age, physical or mental status unrelated to job performance
(handicap) status shall be assigned to a State EO representative and,
where appropriate, handled in accordance with procedures set forth at 29
CFR part 31.
(2) The handling of all other JS-related complaints and all non-JS-
related complaints received by the State office shall be assigned to a
State agency official designated by the State Administrator, provided
that the State agency official designated to handle MSFW complaints
shall be the State MSFW Monitor Advocate.
