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

CLASSIFICATION

ES

CORRESPONDENCE SYMBOL

TEES

ISSUE DATE

May 3, 1994

RESCISSIONS

 

EXPIRATION DATE

June 30, 1996

DIRECTIVE

:

GENERAL ADMINISTRATION LETTER NO. 08-94

 

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. To announce the extension of Office of Management and Budget (OMB) approval of the Employment Service Complaint/Referral Form and accompanying instruction guide.

  2. Reference. 20 CFR Part 658.410, 29 CFR Parts 31.5 and 31.7, 20 CFR 653.109, and 29 CFR Part 32.45.

  3. Background. 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.

    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 (except for handicap complaints) alleging violation(s) of Title VI of the Civil Rights Act, Title IX of the Education Amendments, the Age Discrimination 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 are approved by the Office of Management and Budget (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.

  7. Attachments 

 

NOTE: Attachments 1 and 3 not available to DMS