E-101: About Complaint Procedures

Boards must be aware of the following:

Under 20 Code of Federal Regulation (CFR), Part 658, Subpart E, each state must establish and maintain an Employment Service (ES) complaint system, which includes maintaining a log of all complaints received, and prominently displaying approved ES complaint system posters.

Additionally, Boards’ Wagner-Peyser ES contracts mandate that Boards design, implement and maintain a complaint system and related processes with contracted providers to ensure that each Workforce Solutions office:

  • Designates a “complaint taker” to handle ES complaints
  • Maintains a log for recording all complaints received

At a minimum, the complaint log must include the following:

  • Date of complaint
  • Name of complainant
  • Address of complainant
  • Type of complainant (employee, job seeker, Workforce Investment Act participant, etc.)
  • Grounds for or basis of the complaint (age, sex, race, etc.)
  • Description of the complaint
  • Disposition/outcome (settled, forwarded to proper enforcement agency, etc.)
  • Date of outcome

Boards must be aware of the following suggested practices for the complaint-handling process:

  • Keep in mind that complaints do not always need to be taken in writing.  If a situation can be addressed immediately and without formality, that is recommended.  However, it is the customer’s choice.
  • Do not attempt to provide legal advice or interpret the law.
  • Inform customers that they have the right to file a complaint directly with the proper enforcement agency, as that may lead to quicker resolution.

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E-102: ES Complaints Related to Discrimination

Boards must be aware of the following.

Any person who believes that TWC, or an entity that receives federal funding from or through TWC, has subjected him or her or any specific class of individuals to unlawful discrimination can file a charge of discrimination.  To be processed, a complaint must:

  • Be in writing
  • Contain the information required by 29 CFR §37.73 

Complaints can be filed personally or through an authorized representative, in one of the following ways:

  • At the local or state level by completing and submitting a Discrimination Complaint Form (EO-13/EO-13S), available from:
  • With DOL’s Civil Rights Center (CRC) by completing and submitting a CRC Complaint Information and Privacy Act Consent Form, available from:
  • Via a written and signed complaint narrative containing the following:

A charge of discrimination must be filed within 180 days of the alleged act of discrimination.

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E-103: ES Complaints Not Related to Discrimination

Boards and Workforce Solutions offices must have a written policy on complaint resolution for complaints not based on discrimination, as set forth in 20 CFR §658.401–§658.416. 

If a complaint is not based on discrimination but on program or customer service issues, Boards must ensure that the complaint is processed in accordance with local policies and procedures.

Examples of complaints not based on discrimination include:

  • Complaints alleging discourteous treatment by Workforce Solutions office staff
  • Violations of the terms and conditions of a job posting in WorkInTexas.com 

Once a complaint is received, Boards must ensure that there is an attempt to resolve the complaint at the Workforce Solutions office level.  If this attempt is unsuccessful, the complaint can be referred to the Board for resolution.  If complaints are not resolved satisfactorily at the Workforce Solutions office or Board level, the next step is to submit an appeal with TWC’s Appeals Department:

Mail:
Appeal Tribunal
Texas Workforce Commission
101 E 15th St, Rm 410
Austin, TX 78778-0001

Email:
appeals@twc.state.tx.us

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E-104: Non-ES–Related Complaints

Boards must ensure that non-ES–related complaints are referred as follows:

Refer complaints alleging violations of employment-related laws, such as the Fair Labor Standards Act and wage and hour issues, to DOL’s Wage and Hour Division.

Refer complaints alleging unsafe working conditions to DOL’s Occupational Safety and Health Administration.

Refer complaints alleging discrimination by an employer that did not have a job posting in WorkInTexas.com to TWC’s Civil Rights Division.

For additional information, see the TWC website.

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E-105: Required Posters

Boards must ensure that all Workforce Solutions offices prominently display approved ES complaint system posters, including the following:

  • Equal Opportunity is the Law (EEO-8) in English and Spanish 
  • Job Service Complaint System in English and Spanish 

These and other posters are available online from TWC or DOL:

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