(a) Any individual who believes that they or any specific class of individuals have been or is being subjected to discrimination prohibited by WIOA or 29 CFR Part 38 may file a written complaint, either alone or through a representative.
(b) A complainant may file a complaint with:
  (1) the local Board EO Officer;
  (2) the State-Level EO Officer at: Texas Workforce Commission, 101 E. 15th Street, Room 504, Austin, Texas 78778; or
  (3) the Director of the Civil Rights Center at: US Department of Labor, 200 Constitution Ave. NW, Room N-4123, Washington, DC 20210, or the address listed in 29 CFR Part 38.
(c) Complaints shall be filed within 180 calendar days of the alleged violation unless such time limitation is waived by the Director of CRC for good cause shown.
(d) All complaints shall be submitted in writing, either electronically or in hard copy. A complainant may file a complaint by:
  (1) completing and submitting a CRC Complaint Information and Privacy Act Consent Form;
  (2) completing and submitting a Texas Workforce Commission Discrimination Complaint form; or
  (3) submitting a written document containing the information required by 29 CFR §38.70, which includes:
    (A) the complainant's name and address, or other means of contacting the complainant;
    (B) the identity of the respondent;
    (C) a description of the complainant's allegations with sufficient detail to allow the EO Officer to determine whether the Board or the Agency has jurisdiction, whether the complaint was filed on time, and whether the complaint has apparent merit; and
    (D) the complainant's signature or the signature of the complainant's representative.
(e) Both the complainant and the respondent have the right to representation by an attorney or other individual of his or her choice. The Agency shall not be responsible for any costs incurred by either the complainant or the respondent in obtaining representation.
(f) For the purposes of this subchapter, filing with the Agency shall be deemed to have occurred on the date that the written notice is received by the Agency.

Source Note: The provisions of this §842.8 adopted to be effective January 4, 2021, 46 TexReg 202