(a) A recipient must not discharge, intimidate, retaliate, threaten, coerce or discriminate against any individual because the individual has:

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Terms Used In 29 CFR 37.11

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Recipient: includes , but is not limited to:

    (1) State-level agencies that administer, or are financed in whole or in part with, WIA Title I funds;

    (2) State Employment Security Agencies;

    (3) State and local Workforce Investment Boards;

    (4) LWIA grant recipients;

    (5) One-Stop operators;

    (6) Service providers, including eligible training providers;

    (7) On-the-Job Training (OJT) employers;

    (8) Job Corps contractors and center operators, excluding the operators of federally-operated Job Corps centers;

    (9) Job Corps national training contractors;

    (10) Outreach and admissions agencies, including Job Corps contractors that perform these functions;

    (11) Placement agencies, including Job Corps contractors that perform these functions; and

    (12) Other National Program recipients. See 29 CFR 37.4

(1) Filed a complaint alleging a violation of Section 188 of WIA or this part;

(2) Opposed a practice prohibited by the nondiscrimination and equal opportunity provisions of WIA or this part;

(3) Furnished information to, or assisted or participated in any manner in, an investigation, review, hearing, or any other activity related to any of the following:

(i) Administration of the nondiscrimination and equal opportunity provisions of WIA or this part;

(ii) Exercise of authority under those provisions; or

(iii) Exercise of privilege secured by those provisions; or

(4) Otherwise exercised any rights and privileges under the nondiscrimination and equal opportunity provisions of WIA or this part.

(b) The sanctions and penalties contained in Section 188(b) of WIA or this part may be imposed against any recipient that engages in any such retaliation or intimidation, or fails to take appropriate steps to prevent such activity.

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