Workforce Center Complaint System and Equal Opportunity Statement

If a participant or other interested party claims a grievance or complaint against local WIOA staff, the following information must be identified in the initial formal complaint filed by the complainant:

1. Full name, mailing address and phone number of the party or parties filling the complaint;
2. Full name, mailing address and phone number of the part or parties alleged to have committed the act;
3. A clear, concise statement of the facts of the case, and the nature of the violation(s);
4. The date of the alleged act and any supporting documentation;
5. The remedy that is sought.

This information will be submitted to the Career Services Supervisor who will manage and report complaint information to the Employment Services Director and the WCDHS Complaint Officer.

WCDHS EO Complaint Officer
P.O. Box A
Greeley, CO 80632

The opportunity for an informal resolutions and a hearing will be completed within sixty (60) days of the filing of the grievance or complaint.

Procedure:

Employment Services of Weld County is responsible for establishing a complaint system to maintain central complaint logs to record ES and non-ES related complaints. All complaint posters and flyers must be displayed prominently at every office within the local area. All offices must educate the public on the complaint process and ensure there is a trained complaint taker available during office hours.

The Employment Service Complaint System

Report and copy of complaint logs, must be completed by the Weld County Department of Human Services (WCDHS) Complaint Officer and is due to Colorado Department of Labor and Employment's Complaint Team on the tenth day of the month following the end of the reporting quarter. The report is to be submitted to:

Colorado Department of Labor and Employment
Attn: ES Complaint Team
707 17th Street Suite 2700
Denver, CO 80202-3627
CDLE_ES_Complaints@state.co.us

Employment Services of Weld County is responsible for taking Employment Services related complaints up to two years of the alleged violation. An ES related complaint is any job referred and recorded in Connecting Colorado. ESWC must compile full documentation of all complaints, conducted follow up, attempt to resolve all wage and hour complaints locally, record all successful outcomes, or escalate unsuccessful complaints or non-wage and hour complaints to Weld County's Complaint Officer who will forward the complaint to the Colorado Department of Labor and Employment's (COLE) Complaint Team.

Complaints that are NOT employment services related should be referred to appropriate enforcement agencies that may be able to assist, for example, attorneys, consumer advocates and/or other assistance where appropriate.

Complaints filed by or on behalf of a Migrant Seasonal Farmworker (MSFW) against an employer will also be treated as an Employment Services related complaint (ES complaint).

If the compliant cannot be resolved with the Complaint Officer within sixty (60) calendar days, or the complainant is dissatisfied with the decision, they may appeal the decision as follows:

1. An appeal must be in writing and filed with the Colorado Department of Labor and Employment (CDLE) within ten (10) calendar days after notification of the local decision or, if a timely decision is not rendered, within fifteen (15) calendar days from the date on which the complainant should have received a timely decision.
2. Whenever a Local Area has failed to provide procedural process in a timely manner to a complainant, and such failure results in an appeal to CDLE, the Local Area shall bear any costs associated with disposition of the appeal.

The following defines the appeal process:

The appeal must be received by:

Colorado Department of Labor and Employment
State Equal Opportunity Officer
Ron Arthur
633 17th Street Ste 1200
Denver, Colorado 80202
(303) 596-5706

The appeal must contain:

• A specific statement of the grounds upon which the appeal is sought
• A copy of the written, formal complaint submitted to the Local Area
• A transcript or recording of the hearing proceedings, and
• A copy of the written decision of the Local Area being appealed

The State Grievance Administrator will make a final decision within sixty (60) calendar days of receipt of the appeal.

• Notification of the State Grievance Administrator's final decision will be provided to the complainant and the Local Area.
• For reasonable cause, as determined by the State Grievance Administrator, the timeline of the state review hearing process may be extended.

Should the CDLE State Grievance Administrator not render a decision within sixty (60) days or the extended time period, or if the complainant chooses to appeal an adverse decision, an appeal in writing may be made to the:

Secretary of Labor
U.S. Department of Labor 200 Constitution Ave. NW
Washington, DC 20210 Attention: ASET

In addition, the appeal must be sent certified mail, return receipt requested.
A copy of the appeal must be simultaneously proved to the:

ETA Regional Administrator
U.S. Department of Labor 525 S. Griffin Street
Dallas, TX 75202

And the Colorado Department of Labor and Employment address:

Colorado Department of Labor and Employment
State Equal Opportunity Officer
Ron Arthur
633 17th Street Ste 1200
Denver, Colorado 80202
(303) 596-5706

Should the Secretary of Labor determine that the State or Local Area has violated any requirement of the law, remedies may be imposed, as determined by the Secretary of Labor. These include, where applicable:

• Reinstatement of lost benefits
• Suspension or termination of payments to the State or Local Areas under WIOA
• Prohibition of placement of a participant with an employer that has violated any requirement under this title; or
• Other equitable relief

Weld County is an Equal Opportunity Agency, and in accordance with the Jobs for Veterans Act.

(Public Law 107-288), the Weld County Workforce Center provides veterans priority for the receipt of employment, training, and placement services that are directly funded by the Department of Labor; Auxiliary aids and services are available upon request to individuals with disabilities.

Equal Opportunity is the Law

It is against the law for this recipient of Federal financial assistance to discriminate on the following bases: Against any individual in the United States, on the basis of race, color, religion, sex (including pregnancy, childbirth, and related medical conditions, sex stereotyping, transgender status, and gender identity), national origin (including limited English proficiency), age, disability, or political affiliation or belief, or, against any beneficiary of, applicant to, or participant in programs financially assisted under Title I of the Workforce Innovation and Opportunity Act, on the basis of the individual's citizenship status or participation in any WIOA Title I-financially assisted program or activity. 

The recipient must not discriminate in any of the following areas:

• Deciding who will be admitted, or have access, to any WIOA Title I-financially assisted program or activity;
• Providing opportunities in, or treating any person with regard to, such a program or activity; or
• Making employment decisions in the administration of, or in connection with, such a program or activity.

Recipients of federal financial assistance must take reasonable steps to ensure that communications with individuals with disabilities are as effective as communications with others. This means that, upon request and at no cost to the individual, recipients are required to provide appropriate auxiliary aids and services to qualified individuals with disabilities.

What To Do If You Believe You Have Experienced Discrimination

If you think that you have been subjected to discrimination under a WIOA Title I-financially assisted program or activity, you may file a complaint within 180 days from the date of the alleged violation with either: the recipient's Equal Opportunity Officer (or the person whom the recipient has designated for this purpose);

Employment Services of Weld County Equal Opportunity Officer

WCDHS EO Officer
P.O. Box A
Greeley, CO 80632
Phone: (970) 400-3800
Email: ES-Complaints@weld.gov

State Equal Opportunity Officer

Ron Arthur
633 17th St., Ste. 1200, Denver, CO 80202
ron.arthur@state.co.us
Phone: (303) 596-5706
TTD: (303) 318-9016
Toll Free: (800) 894-7730

Director, Civil Rights Center (CRC), U.S. Department of Labor

200 Constitution Avenue NW, Room N-4123
Washington, DC 20210
or electronically as directed on the CRC website at www.dol.gov/crc.

If you file your complaint with the recipient, you must wait either until the recipient issues a written Notice of Final Action, or until 90 days have passed (whichever is sooner), before filing with the Civil Rights Center (see address above). If the recipient does not give you a written Notice of Final Action within 90 days of the day on which you filed your complaint, you may file a complaint with CRC before receiving that Notice. However, you must file your CRC complaint within 30 days of the 90-day deadline (in other words, within 120 days after the day on which you filed your complaint with the recipient). If the recipient does give you a written Notice of Final Action on your complaint, but you are dissatisfied with the decision or resolution, you may file a complaint with CRC. You must file your CRC complaint within 30 days of the date on which you received the Notice of Final Action.

The Weld County Workforce Development Board and Workforce Colorado Weld established the following general policies and procedures to ensure all staff are following proper complaint procedures.

WIOA Complaint Process

Responsibility: Weld County Workforce Development Board
Subject: WIOA Complaint Procedures
Policy Number: WCWDB-23-2024-1
Revises Policy Number: WCWDB-23-2018-4
Implementation Date: January 9, 2024
Scheduled Review Date: February 1, 2026

Purpose:

To provide guidance and establish minimum standards for Employment Services of Weld County (ESWC) staff regarding Workforce Innovation and Opportunity Act (WIOA) Title I grievances and complaints. This guidance includes information regarding administrative and program specific requirements of WIOA. Specifically, the guidance ensures compliance with Colorado Department of Labor and Employment (CDLE) Policy Guidance Letter (PGL) ADM- 2015-01, Change 2 and each of its included references.

Policy:

The Weld County Workforce Development Board (WCWDB) and Employment Services of Weld County (ESWC) adopt a WIOA Complaint Process to ensure compliance with the Workforce Innovation and Opportunity Act of 2014 and to ensure participants and other interested parties affected by the local Workforce System are informed of their rights under WIOA.

Background:

Grievance procedures are required under WIOA to ensure individuals who believe their rights have been negatively affected by WIOA-related actions can access appropriate remedies. This complaint process is separate and apart from the Weld County Workforce Development Board Employment Service Complaint System and Reporting Requirements Policy (WCWDB-8-2024-1) and complaint processes related to discrimination and Section 188 of WIOA.

Definitions:

Complaint is a representation made or referred to a State or local Employment Services office of an alleged violation of the Workforce Innovation and Opportunity Act Title I regulations.

WIOA Staff are individuals who are funded, in whole or in part, by Title I WIOA funds to carry out activities authorized under the Workforce Innovation and Opportunity Act of 2014.

Procedures:

Utilizing resources listed in the Language Assistance Policy and release of information documents, ESWC will make reasonable efforts to assure that the information referred to below will be understood by limited-English speaking individuals and youth.

Formal Complaint Requirements

If a participant or other interested party claims a grievance or complaint against local WIOA staff, the following information must be identified in the initial formal complaint filed by the complainant:

1. Full name, mailing address and phone number of the party or parties filing the complaint;
2. Full name, mailing address and phone number of the party or parties alleged to have
   committed the act;
3. A clear, concise statement of the facts of the case, and the nature of the violation(s);
4. The date of the alleged act and factual information or documentation supporting the complaint;
5. The remedy that is sought.

This information will be submitted to the Adult or Youth Employment and Training Supervisor who will manage and report complaint information to the Workforce Director and the ESWC Complaint Officer:

WCDHS Workforce Center Complaints
Attn: Complaint Officer
ES-Complaints@weld.gov
P.O. Box A
Greeley, CO 80632

The opportunity for an informal resolution and a hearing will be completed within sixty (60) calendar days of the filing of the grievance or complaint.

Appeals to the State

If the complaint cannot be resolved with the Complaint Officer within sixty (60) calendar days, or the complainant is dissatisfied with the decision, they may appeal the decision as follows:

1. An appeal must be in writing and filed with the Colorado Department of Labor and Employment (CDLE) within ten (10) calendar days after notification of the local decision or, if a timely decision is not rendered, within fifteen (15) calendar days from the date on which the complainant should have received a timely decision.
2. Pursuit to ADM-2015-01, Change 2, whenever a Local Area has failed to provide procedural process in a timely manner to a complainant, and such failure results in an appeal to CDLE, the Local Area shall bear any costs associated with disposition of the appeal.
3. The following defines the appeal process:

• The appeal must be received by:

Colorado Department of Labor and Employment
ATTN: State Grievance Administrator
633 17th Street, Room 700
Denver, Colorado 80202-3627

• The appeal must contain:
  • A specific statement of the grounds upon which the appeal is sought;
  • A copy of the written, formal complaint submitted to ESWC
  • A transcript or recording of the hearing proceedings, and
  • A copy of the written decision of Weld County being appealed.
• The State Administrator will provide an opportunity for an informal resolution and a hearing to be completed within sixty (60) calendar days of the filing of the grievance or complaint.
• The State Grievance Administrator will make a final decision within sixty (60) calendar days of receipt of the appeal.
• Notification of the State Grievance Administrator's final decision will be provided to the complainant and Employment Services of Weld County.
• For reasonable cause, as determined by the State Grievance Administrator, the timeline of the state review hearing process may be extended.

Appeals to the United States Department of Labor

Should the COLE State Grievance Administrator not render a decision within sixty (60) calendar days or the extended time, or if the complainant chooses to appeal an adverse decision, an appeal in writing may be made to the:

Secretary of Labor
U.S. Department of Labor
Attention: ASET
200 Constitution Ave. NW
Washington, DC 20210

The appeal must be sent certified mail, return receipt requested.

A copy of the appeal must be simultaneously provided to the Colorado Department of Labor and Employment (address above in Appeals to the State; 3) and to the:

ETA Regional Administrator
U.S. Department of Labor
525 S. Griffin Street
Dallas, TX 75202

The COLE State Grievance Administrator decision is final unless the Secretary of Labor exercises the authority for Federal-level review. In this instance, the Secretary must render a decision no later than 120 days after receipt of the appeal.

Should the Secretary of Labor determine that the State or Employment Services of Weld County has violated any requirement of the law, remedies may be imposed, as determined by the Secretary of Labor. These include, where applicable:

• Reinstatement of lost benefits
• Suspension or termination of payments to the State or Employment Services of Weld County under WIOA
• Prohibition of placement of a participant with an employer that has violated any requirement under this title; or
• Other equitable relief.

Non-WIOA Related Grievances and Complaints

Please refer to the Employment Service Complaint System and Reporting Requirements Policy for more information.

Labor Standards Violation

Not all employment-related claims are subject to arbitration as such, an individual alleging a labor standards violation such as pay agreed to, Colorado or local minimum wages, overtime pay, etc., will be directed to file a complaint (grievance) with the Colorado Division of Labor Standards and Statistics through their Online Claim Portal. The Division Authority and Coverage page provides information about the types of complaints the Division can investigate and the investigation process. The online and printable forms to file a complaint are available online at the DLLS Demands. Complaints. Responses, & Settlements page.