New Mexico Administrative Code
Title 11 - LABOR AND WORKERS' COMPENSATION
Chapter 2 - JOB TRAINING
Part 21 - WORKFORCE INNOVATION AND OPPORTUNITY ACT GRIEVANCE AND COMPLAINT RESOLUTION PROCEDURES
Section 11.2.21.7 - DEFINITIONS

Universal Citation: 11 NM Admin Code 11.2.21.7

Current through Register Vol. 35, No. 18, September 24, 2024

29 C.F.R. Section 37.4 contains the definitions of the terms used in the implementation of nondiscrimination and equal opportunity requirements of WIOA. For convenience, some of the definitions found in that section are listed below. If a conflict exists between terminology, as defined in this policy and 29 C.F.R. Section 38.4, the definition in 29 C.F.R. Part 38.4 is controlling.

A. Applicant. An individual who is interested in being considered for any WIOA Title I-financially assisted aid, benefit, service, or training by a recipient, and who has signified that interest by submitting personal information in response to a request by a recipient.

B. Participant. An individual who has been determined to be eligible to participate in and who is receiving aid, benefit, service, or training under a program or activity financially assisted in whole or in part under Title I of WIOA. "Participant" includes, but is not limited to, individuals receiving any service(s) or benefit(s) under state unemployment insurance programs.

C. Recipient. An entity to which financial assistance under WIOA Title I is extended, directly from DWS, or through the governor or another recipient (including any successor, assignee, or transferee of a recipient). The term excludes any ultimate beneficiary of the WIOA Title I-financially assisted program or activity. In instances in which a governor operates a program or activity, either directly or through a state agency, using discretionary funds apportioned to the governor under WIOA Title I (rather than disbursing the funds to another recipient), the governor is also a recipient. In addition, for the purposes of this part, one-stop partners, as defined in Section 121(b) of WIOA, are treated as "recipients", and are subject to the nondiscrimination and equal opportunity requirements of this part, to the extent that they participate in the one-stop delivery system. Recipients are listed in 29 CFR 38.44(zz).

D. Retaliation. Retaliation means discharging, intimidating, threatening, coercing, or discriminating against any individual because the individual has:

(1) filed a complaint alleging a violation of Section 188 of WIOA or 29 CFR Part 38;

(2) opposed a practice prohibited by nondiscrimination and equal opportunity provisions of WIOA or 29 CFR Part 38;

(3) furnished information to, or assisted or participated in any manner, in an investigation, review, hearing, or any other activity related to the following:
(a) Administration of the nondiscrimination and equal opportunity provisions of WIOA, 29 CFR Part 38, or 11.2.21.1 NMAC et seq;

(b) Exercise of authority under those provisions;

(c) Exercise of privilege secured by those provisions; or

(d) Otherwise exercised any rights and privileges under the nondiscrimination and equal opportunity provisions of WIOA or 29 CFR Part 38.

Disclaimer: These regulations may not be the most recent version. New Mexico 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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