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Technical Assistance for Caseworkers on Civil Rights Laws and Welfare Reform

VII. Who May File A Complaint of Discrimination?

Any individual who believes that he or she is a victim of discrimination on the basis of race, color, national origin, citizenship status, unfair documentary practices concerning employment eligibility, disability, age, or sex in a covered program or activity (i.e., against any welfare provider), may file a complaint with the Federal agency that provides assistance to the program in issue, or with the U.S. Department of Justice, which will refer the complaint to the appropriate agency. Each of these nondiscrimination laws prohibit retaliation against individuals because they oppose practices that they reasonably believe are unlawful under the discrimination statutes, or because they participate in proceedings under these statutes. `

A welfare provider who receives a complaint from a welfare participant, or who is asked how to file a complaint, should promptly forward that complaint to the agency that provides Federal assistance to the program in question, or refer that individual to that agency. For example, if the alleged discrimination occurred in a welfare benefits program, complaints may be sent to:

U.S. Department of Health and Human Services

Office for Civil Rights

200 Independence Avenue, S.W., Room 509F

Washington, D.C. 20201

1-800-368-1019

An individual who believes that he or she is a victim of employment discrimination by any employer in violation of Title VII, the ADEA, the ADA, Section 504, or the EPA may file a complaint with the local office of the Equal Employment Opportunity Commission. To locate a local EEOC office, call 1-800 669-4000 (voice) or 1-800 669-6820 (TTY). Complaints on behalf of classes of individuals are also permitted. Complaints generally must be filed within 180 days of the alleged discriminatory event. Although some statutes may provide for a longer filing period, individuals are encouraged to file their complaints as soon as possible after becoming aware of the discriminatory event.

An individual who believes that he or she is a victim of employment discrimination by an employer or referrer for a fee in violation of IRCA’s antidiscrimination provision may file a complaint with the U.S. Department of Justice, Office of Special Counsel for Immigration-Related Unfair Employment Practices (1-800-255-7688).

Individuals who work for Federal contractors or subcontractors, including individuals who obtain employment as a result of welfare implementation, and who believe they have been discriminated against, may file complaints directly with any of OFCCP’s regional or district offices throughout the country, or with the OFCCP office in Washington, D.C. Complaints must be filed within 180 days from the date of the alleged discrimination, or within 300 days in the case of complaints filed under Section 503 of the Rehabilitation Act.

Complaints should be in writing, signed by the complainant or by an authorized representative, and should contain the following information: the complainant’s name, address, and telephone number; the name and address of the agency or entity that the complainant believes discriminated against him or her; and the alleged discriminatory action, including when, how, and why the complainant believes he or she was discriminated against on the basis of race, color, national origin, religion, citizenship status, unfair documentary practices concerning employment eligibility, disability, age, or sex. Since the subject matter of a complaint may constitute violations of more than one of the Federal laws prohibiting discrimination, individuals should be aware that they may, in certain circumstances, utilize one or more of the available complaint procedures.

    Index: Technical Assistance for Caseworkers
  1. What Federal Nondiscrimination Laws Apply to TANF Programs?
  2. Who Is Covered by Federal Nondiscrimination Laws?
  3. What Conduct Is Prohibited In Federally Funded Programs and Activities?
  4. What Type of Conduct Is Prohibited in Employment Settings?
  5. What Conduct on the Basis of Disability is Prohibited?
  6. How Are The Nondiscrimination Laws Enforced?
  7. Who May File A Complaint of Discrimination?

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Date of last revision: March 3, 2006

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