U.S. DEPARTMENT OF LABOR
Employment and Training Administration
Washington, D. C. 20210

CLASSIFICATION

ES

CORRESPONDENCE SYMBOL

TEES

ISSUE DATE

July 20, 1994

RESCISSIONS

GAL 08-94

EXPIRATION DATE

June 30, 1996

DIRECTIVE

:

GENERAL ADMINISTRATION LETTER NO. 10-94
 

TO

:

ALL STATE EMPLOYMENT SECURITY AGENCIES
 

FROM

:

Barbara Ann Farmer
Administrator
for Regional Management
 

SUBJECT

:

The Employment Service State Agency Complaint Referral Record (ETA Form 8429)

 

  1. Purpose. (A) To rescind and replace General Administration Letter (GAL) No. 8-94 to (1) correct the filing of discrimination complaints with the Department of Labor, Directorate of Civil Rights described in the Background section of GAL 8-94 and (2) to make minor changes to the Office of Management and Budget (OMB) approved ETA Form 8429 and the instructions. (B) To add CFR Parts 34.24, 34.42 and 34.43 to the list of references.

  2. References. 20 CFR Part 658.410, 29 CFR Parts 31.5 and 31.7, 20 CFR 653.109, and 29 CFR Part 32.45; and 29 CFR 34.24, 34.42 and 34.43.

  3. Background. The purpose of GAL 8-94 was to announce the extension of OMB approval of the Employment Service Complaint/Referral Form and accompanying instruction guide.

    As a result of a settlement agreement in the case of NAACP v. Brennan (Civil Action No. 2010-72, U.S.D.C.), the U.S. Department of Labor (DOL) published Federal regulations 20 CFR Parts 651, 653, and 658 on June 10, 1980. These regulations set forth the role and responsibilities of the United States Employment Service (USES) and State Employment Security Agencies (SESAs) regarding compliance of said regulations. In compliance with 20 CFR 653.109, DOL established recordkeeping requirements to allow for the efficient and effective monitoring of SESAs' regulatory compliance. Pursuant to these recordkeeping requirements, Federal regulations at 20 CFR 658.410 established the State Agency Job Service complaint system and its administrative and processing procedures. Recordkeeping requirements for discrimination complaints must be consistent with 29 CFR 34.24(c).

    ETA Form 8429 was developed for recording complaints filed with the State Employment Service Agencies. The completion of this form is required in order for a complaint to be considered and processed by State agency officials.

    Further, discrimination complaints alleging violation(s) of Title VI of the Civil Rights Act, Title IX of the Education Amendments, the Age Discrimination Act, Section 504 of the Rehabilitation Act, Title IIA of the Americans with Disabilities Act, and/or Section 167 of the Job Training Partnership Act, are to be filed with the U.S. Department of Labor, Directorate of Civil Rights.

  4. OMB Approval. The reporting requirements for Form ETA 8429, including the minor change made to the Form and the instructions, are approved by OMB according to the Paperwork Reduction Act of 1980, under OMB approval No. 1205-0039, to expire June 30, 1996.

  5. Action Required. State Administrators are required to provide the above information to appropriate staff.

  6. Inquiries. Direct all inquiries to your Regional Monitor Advocate for the United States Department of Labor/Employment and Training Administration. Inquiries regarding discrimina- tion complaints should be addressed to Division of EO Investigations and Enforcement, Directorate of Civil Rights, U.S. Department of Labor (202) 219-7026.

  7. Attachments 

 

NOTE: Attachments 1 and 3 not available to DMS