12- 181 C.M.R. ch. 2, § 14 - Complaints

a. Requirements for individuals filing complaints

1. Who may file. Any individual who believes that he or she has been or is being discriminated against on the basis of race, color, religion, national origin, sex, sexual orientation, age (40 or older), genetic information, or disability with regard to apprenticeship, or who believes he or she has been retaliated against as described in section 2.17, may, personally or through an authorized representative, file a written complaint with the Maine Apprenticeship Program with whom the apprenticeship program is registered.

2. Time period for filing a complaint. Generally, a complaint must be filed within 300 days of the alleged discrimination or specified failure to follow the equal opportunity standards. However, for good cause shown, the Maine Apprenticeship Program may extend the filing time. The time period for filing is for the administrative convenience of the Maine Apprenticeship Program and does not create a defense for the respondent.

3. Contents of the complaint. Each complaint must be made in writing and must contain the following information:

i. The complainant's name, address and telephone number, or other means for contacting the complainant;

ii. The identity of the respondent (the individual or entity that the complainant alleges is responsible for the discrimination);

iii. A short description of the events that the complainant believes were discriminatory, including but not limited to when the events took place, what occurred, and why complainant believes the actions were discriminatory (for example, because of his or her race, color, religion, sex, sexual orientation, national origin, age (40 or older), genetic information, or disability).

iv. The complainant's signature or the signature of the complainant's authorized representative.

b. Requirements of sponsors. Sponsors must provide written notice to all applicants for apprenticeship and all apprentices of their right to file a discrimination complaint and the procedures for doing so. The notice must include the address, phone number, and other contact information for the Maine Apprenticeship Program that will receive and investigate complaints filed under this part. The notice must be provided in the application for apprenticeship and must also be displayed in a prominent, publicly available location where all apprentices will see the notice. The notice must contain the following specific wording:

Your Right to Equal Opportunity It is against the law for a sponsor of an apprenticeship program registered for Federal purposes to discriminate against an apprenticeship applicant or apprentice based on race, color, religion, national origin, sex, sexual orientation, age (40 years or older), genetic information, or disability. The sponsor must ensure equal opportunity with regard to all terms, conditions, and privileges associated with apprenticeship. If you think that you have been subjected to discrimination, you may file a complaint within 300 days from the date of the alleged discrimination or failure to follow the equal opportunity standards, with the Maine Apprenticeship Program, Director of Apprenticeship, 55 State House Station, Augusta, ME 04333-0055 or if applicable the Maine Human Rights Commission, 51 State House Station, Augusta, ME 04333-0051.

1. Each complaint filed must be made in writing and include the following information:

i. Complainant's name, address and telephone number, or other means for contacting the complainant;

ii. The identity of the respondent (i.e. the name, address, and telephone number of the individual or entity that the complainant alleges is responsible for the discrimination);

iii. A short description of the events that the complainant believes were discriminatory, including but not limited to when the events took place, what occurred, and why the complainant believes the actions were discriminatory (for example, because of his/her race, color, religion, sex, sexual orientation, national origin, age (40 or older), genetic information, or disability);

iv. The complainant's signature or the signature of the complainant's authorized representative.

c. Requirements of the Maine Apprenticeship Program

1. Conduct investigations. The investigation of a complaint filed under this part will be undertaken by the Maine Apprenticeship Program and will proceed as expeditiously as possible. In conducting complaint investigations, the Maine Apprenticeship Program must:

i. Provide written notice to the complainant acknowledging receipt of the complaint;

ii. Contact the complainant, if the complaint form is incomplete, to obtain full information necessary to initiate an investigation;

iii. Initiate an investigation upon receiving a complete complaint;

iv. Complete a thorough investigation of the allegations of the complaint and develop a complete case record that must contain, but is not limited to, the name, address, and telephone number of each person interviewed, the interview statements, copies, transcripts, or summaries (where appropriate) of pertinent documents, and a narrative report of the investigation with references to exhibits and other evidence which relate to the alleged violations; and v. Provide written notification of the Maine Apprenticeship Program's findings to both the respondent and the complainant.

2. Seek compliance. Where a report of findings from a complaint investigation indicates a violation of the nondiscrimination requirements of this part, the Maine Apprenticeship Program should attempt to resolve the matter quickly at the agency level whenever appropriate. Where a complaint of discrimination cannot be resolved at the agency level to the satisfaction of the complainant, the Maine Apprenticeship Program must refer the complaint to other Federal, State or local EEO agencies, as appropriate.

3. Referrals to other EEO agencies. The Maine Apprenticeship Program, at its discretion, may choose to refer a complaint immediately upon its receipt or any time thereafter to:

i. The EEOC;

ii. The United States Attorney General;

iii. The Department's OFCCP; or

iv. The Maine Human Rights Commission.

Notes

12- 181 C.M.R. ch. 2, § 14