New Mexico Administrative Code
Title 11 - LABOR AND WORKERS' COMPENSATION
Chapter 2 - JOB TRAINING
Part 2 - EQUAL EMPLOYMENT OPPORTUNITY IN APPRENTICESHIP STATE PLAN
Section 11.2.2.19 - COMPLAINTS
Universal Citation: 11 NM Admin Code 11.2.2.19
Current through Register Vol. 35, No. 18, September 24, 2024
A. Requirements for individuals filing complaints.
(1)
Who may file: Any individual
who believes that he or she has been or is being discriminated against on the
basis of race, color, religion, national origin, sex, sexual orientation, age
(40 or older), genetic information, or disability with regard to
apprenticeship, or who believes he or she has been retaliated against as
described in11.2.2.22 NMAC, may, personally or through an authorized
representative, file a written complaint with the department.
(2)
Time period for filing a
complaint: Generally, a complaint must be filed within 300 days of the
alleged discrimination or specified failure to follow the equal opportunity
standards. However, for good cause shown, the department may extend the filing
time. The time period for filing is for the administrative convenience of the
department and does not create a defense for the respondent.
(3)
Contents of the complaint:
Each complaint must be made in writing and must contain the following
information:
(a) the complainant's name,
address and telephone number, or other means for contacting the
complainant;
(b) the identity of
the respondent (the individual or entity that the complainant alleges is
responsible for the discrimination);
(c) a short description of the events that
the complainant believes were discriminatory, including but not limited to when
the events took place, what occurred, and why complainant believes the actions
were discriminatory (for example, because of his or her race, color, religion,
sex, sexual orientation, national origin, age (40 or older), genetic
information, or disability);
(d)
the complainant's signature or the signature of the complainant's authorized
representative.
B. Requirements of sponsors: Sponsors must provide written notice to all applicants for apprenticeship and all apprentices of their right to file a discrimination complaint and the procedures for doing so.
(1) The notice must
include the address, phone number, and other contact information for the
department that will receive and investigate complaints filed under this
part.
(2) The notice must be
provided in the application for apprenticeship and must also be displayed in a
prominent, publicly available location where all apprentices will see the
notice.
C. The notice must contain the following specific wording:
(1) "Your Right to Equal Opportunity: It is
against the law for a sponsor of an apprenticeship program registered for
federal purposes to discriminate against an apprenticeship applicant or
apprentice based on race, color, religion, national origin, sex, sexual
orientation, age (40 years or older), genetic information, or
disability."
(2) "The sponsor must
ensure equal opportunity with regard to all terms, conditions, and privileges
associated with apprenticeship."
(3) "If you think that you have been
subjected to discrimination, you may file a complaint within 300 days from the
date of the alleged discrimination or failure to follow the equal opportunity
standards with New Mexico Department of Workforce Solutions, Apprenticeship
Office, 401 Broadway N.E., Albuquerque, New Mexico 87102,
apprenticeship.info@state.nm.us , (505) 841-8565. You may also file complaints
directly with the department's Human Rights Bureau, 1596 Pacheco St., Suite
103, Santa Fe, NM 87505, 800-566-9471 or the EEOC, 1-800-669-4000 or
1-800-669-6820 (toll-free TTY number for individuals with hearing
impairments)."
(4) "Each complaint
filed must be made in writing and include the following information:"
(a) "Complainant's name, address, and
telephone number, or other means for contacting complainant;"
(b) "The identity of the respondent (i.e. the
name, address, and telephone number of the individual or entity that the
complainant alleges is responsible for the discrimination;"
(c) "A short description of the events that
the complainant believed were discriminatory, including but not limited to when
the events took place, what occurred, and why the complainant believes the
actions were discriminatory (for example, because of his or her race, color,
religion, sex, sexual orientation, national origin, age (40 or over), genetic
information, or disability)";
(d)
"The complainant's signature or the signature of the complainant's authorized
representative."
D. Requirements of the department:
(1)
Conduct
investigations: The investigation of a complaint filed under this part
will be undertaken by the department, and will proceed as expeditiously as
possible. In conducting complaint investigations, the department must:
(a) provide written notice to the complainant
acknowledging receipt of the complaint;
(b) contact the complainant, if the complaint
form is incomplete, to obtain full information necessary to initiate an
investigation;
(c) initiate an
investigation upon receiving a complete complaint;
(d) complete a thorough investigation of the
allegations of the complaint and develop a complete case record that must
contain, but is not limited to, the name, address, and telephone number of each
person interviewed, the interview statements, copies, transcripts, or summaries
(where appropriate) of pertinent documents, and a narrative report of the
investigation with references to exhibits and other evidence which relate to
the alleged violations; and
(e)
provide written notification of the department's findings to both the
respondent and the complainant.
(2)
Seek compliance: Where a
report of findings from a complaint investigation indicates a violation of the
nondiscrimination requirements of this part, the department should attempt to
resolve the matter quickly at the department level whenever appropriate. Where
a complaint of discrimination cannot be resolved at the department level to the
satisfaction of the complainant, the department must refer the complaint to
other federal, state or local EEO agencies, as appropriate.
(3)
Referrals to other EEO
agencies: The department, at its discretion, may choose to refer a
complaint immediately upon its receipt or any time thereafter to:
(a) the department's human rights
bureau;
(b) the EEOC;
(c) the United States attorney general;
or
(d) the department's
OFCCP.
(4)
Alternative complaint procedures: The department may adopt a
complaint review procedure differing in detail from that given in this section
provided it is submitted for review to and receives approval by the
Administrator.
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