Louisiana Administrative Code
Title 40 - LABOR AND EMPLOYMENT
Part IX - Apprenticeship
Chapter 5 - Louisiana State Plan for Equal Opportunity in Apprenticeship
Section IX-521 - Complaint Procedure
Universal Citation: LA Admin Code IX-521
Current through Register Vol. 50, No. 3, March 20, 2024
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.
AUTHORITY NOTE: Promulgated in accordance with R.S. 23:381-391.
Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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