La. Admin. Code tit. 40 § XVII-2503

Current through Register Vol. 50, No. 9, September 20, 2024

Section XVII-2503 - Implementation

A. The recipient of CSBG financial assistance is required to implement its CSBG approved affirmative action plan and to ensure compliance with this Part. At a minimum, the following requirements must be met.

1. Each subgrantee board shall formally adopt an equal employment opportunity policy and establish an equal opportunity committee which shall reflect the composition of the board in regard to the representation of the public, private and low-income sectors.

2. The equal opportunity committee shall review the determinations of the equal opportunity officer (EOO) regarding complaints of discrimination and shall oversee the enforcement of the subgrantee's civil rights program.

3. Subgrantees shall have at least one EOO, who shall report directly to the board of directors on EEO matters. Resources must be provided to the individual assigned responsibility for the civil rights program as required by this Part; as well as the assignment of such additional personnel as are necessary to carry out the requirements of this Part. The EOO shall not be the executive director, deputy director or personnel officer or their equivalents. The compliance programs director may make a recommendation that the EOO be full-time or part-time.

4. The equal opportunity officer (EOO) shall undergo training as prescribed by the Department of Labor. All expenses incurred by such training shall be borne by the subgrantee.

5. The EOO shall be granted the authority to carry out the following activities:

a. receive and attempt to resolve complaints of discrimination;

b. provide aggrieved persons with information and advise on equal opportunity procedures including local, state and federal redress procedures, and notification of the filing deadlines for equal employment opportunity commission complaints, where applicable;

c. take other steps which may assist in the resolution of a problem, prior to the filing of a formal complaint;

d. assist, if requested by a complainant, in preparing a formal complaint to the Department of Labor of alleged discrimination based on race, color, creed, sex, sexual orientation, national origin, age, disability, political affiliation or beliefs;

e. provide staff leadership in developing, implementing, and evaluating the subgrantee's affirmative action plan (AAP); and

f. provide EEO training and compliance monitoring on an ongoing basis.

6. Subgrantees shall display, in conspicuous places, posters which summarize the rights of the employees, program participants and beneficiaries under the Title VI, of the Civil Rights Act. Such posters shall describe the functions of the EOO and the procedures for filing complaints of discrimination, including the right to complain directly to the Department of Labor as part of their complaint procedure.

7. In addition to the posters, each subgrantee shall make available information regarding the provisions of this Part and its applicability to the program under which the subgrantee receives federal financial assistance and make such information available in such manner as the compliance programs director or designee finds necessary to apprise such persons of the protections against discrimination. In accordance with the Americans with Disabilities Act, this information must be available for individuals with both hearing and vision impairments.

8. Within 30 days of the termination of its subgrant, a report describing the activities and actions taken under its subgrant, including but not limited to changes in employee makeup, agency rules, effects of layoffs, and demotions and promotions, must be submitted to the grantor.

La. Admin. Code tit. 40, § XVII-2503

Promulgated by the Department of Employment and Training, Office of Labor, LR 16:211 (March 1990), amended LR 17:357 (April 1991), amended by the Department of Labor, Office of Labor, LR 21:1344 (December 1995).

AUTHORITY NOTE: Promulgated in accordance with R.S. 23:66 et seq.