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Discrimination Complaint Log Evaluation Phase I

Discrimination Complaint Log Evaluation Phase I. Pir Ahmad USDOL - Civil Rights Center. Scope of Analysis. A Three year longitudinal study

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Discrimination Complaint Log Evaluation Phase I

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  1. Discrimination Complaint Log EvaluationPhase I Pir Ahmad USDOL - Civil Rights Center

  2. Scope of Analysis • A Three year longitudinal study • Purpose: An informational tool to assist the Civil Rights Center with its compliance assistance efforts and monitoring activities. To provide feedback to the State Workforce Agencies and their recipients and USDOL-operated Job Corps Centers.

  3. Scope of Analysis • Examine the complaint activity of recipients nationwide under Title I WIA, Wagner-Peyser, Unemployment Insurance, and against USDOL-operated Job Corps Centers • Demographic analysis of the population filing complaints of discrimination, along with the bases and issues of complaints

  4. Scope of Analysis • Identifying and examining the complaint activity related to and from persons with disabilities • Conducting process-based evaluations into the complaint processing procedures • Developing performance measures • Trend Analysis

  5. Phase I • Data Submission • State Workforce Agencies and Their Recipients • USDOL-operated Job Corps Centers • Complaint Activity • Complaint Filers • Persons with Disabilities

  6. Phase I • Complaint Processing Performance • Alternative Dispute Resolution • Complaint Outcomes • Non-jurisdictional Complaints • Recap

  7. Regional Distribution • Midwest Region: Arkansas, Illinois, Iowa, Kansas, Louisiana, Michigan, Minnesota, Missouri, Nebraska, North Dakota, Oklahoma, South Dakota, and Texas • Southeast Region: Alabama, District of Columbia, Florida, Georgia, Indiana, Kentucky, Mississippi, North Carolina, Puerto Rico, South Carolina, Tennessee, U.S. Virgin Islands, Virginia, and West Virginia • West Region: Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming • Northeast Region: Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Vermont, and Wisconsin

  8. I. Data Submission • State Workforce Agencies and Their Recipients • USDOL-operated Job Corps Centers

  9. Data Submission • Program Demographic Data • Challenges encountered: A number of State Workforce Agencies experienced problems with aggregation and allocation of multiple race responses of program participants. • Data inadequacies: Especially for UI data, precluded the inclusion of program demographic data in this phase of the study

  10. State Workforce Agencies – FY03 Complaint Log Submission

  11. USDOL-operated Job Corps Centers

  12. II. Complaint Activity • Complaint Filers • Persons with Disabilities

  13. Complaint Filers

  14. Persons with Disabilities • Filed 137 complaints alleging discrimination • Disabled employees of State Workforce Agencies accounted for 56% of all disability complaints • Disability complaints occurred most often in the Midwest – accounting for 41% • Job Corps received only four complaints alleging discrimination on the bases of disability

  15. III. Complaint Processing Performance • Alternative Dispute Resolution • Complaint Outcomes • Non-jurisdictional Complaints

  16. Alternative Dispute Resolution (ADR) • In FY03 ADR utilization ranged from a low of 3% of complaints in the Midwest to a high of 9% in the West. • 57 complaints were resolved utilizing an ADR process • ADR participation rates • WIA participants 13% • Employees 6% • Customers 5%

  17. Complaint Outcomes

  18. Non-Jurisdictional Complaints • 453 complaints or 37% of all FY03 complaints classified as non-jurisdictional • Majority filed under the bases of sex, race, and disability • Over half of the complaints classified as non-jurisdictional were filed by employees • 45% of all complaints alleging discrimination on the bases of disability were classified as non-jurisdictional

  19. Recap • Nationwide 1,211 complaints alleging discrimination were filed in FY03 • Employees filed 551 complaints or 45% of all complaints. On the bases of sex, predominately female, and race, mostly Black. 43% of these complaints were classified as non-jurisdictional.

  20. Recap - continue • Job Corps students filed 190 complaints alleging discrimination, with 117 or 62% being filed by female students. The main issue – harassment, whether sexual or verbal, or simply living in a hostile environment. • Female students were five times as likely to file a complaint alleging sexual harassment than their male counterpart.

  21. Recap - continue • Persons with disabilities filed 137 complaints, accounting for 11% of all complaints filed in FY03. • Disabled employees of State Workforce Agencies and their local areas filed 56% of all disability discrimination complaints. • Complaint issues – wrongful termination and failure to provide reasonable accommodation.

  22. Recap - continue • ADR utilization ranged from a low of 3% to a high of 9% of all complaints filed in FY03. • WIA participants had the highest ADR participation rates at 13%. • Complaint Processing Times: • Average 29 days

  23. Recap • High incidence of classifying discrimination complaints as non-jurisdictional – 37% • Midwest Region; 60% • Majority of these complaints were filed by employees, under the prohibited bases of sex, race, and disability.

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