SECTION 842.6. Data and Information Collection and Maintenance

(a) Each recipient shall collect such data and maintain such records, in accordance with the requirements of 29 CFR §§38.41 - 38.45 and the procedures prescribed by the Director of CRC, as the Director finds necessary to determine whether the recipient has complied or is complying with the nondiscrimination and equal opportunity provisions of WIOA and 29 CFR Part 38.

(b) Each recipient shall permit access by the Agency or its designated agent during normal business hours to its premises and to its employees and participants for the purpose of conducting complaint investigations, compliance reviews, and monitoring activities, and for inspecting and copying such books, records, accounts, and other materials as may be pertinent to ascertain compliance with and ensure enforcement of the nondiscrimination and equal opportunity provisions of WIOA.

(c) Each recipient shall notify the State-Level EO Officer within five business days of receipt of any complaint, administrative enforcement action, or lawsuit filed against the recipient alleging discrimination on the ground of race, color, religion, sex, national origin, age, disability, political affiliation or belief, and, for WIOA beneficiaries only, citizenship or participation in a WIOA Title I financially assisted program or activity. This notification shall include:

(1) the names of the parties to the complaint, action, or lawsuit;

(2) the forum in which each case was filed; and

(3) the relevant case numbers or, if applicable, other identifying information.

(d) A recipient that is also a subrecipient of a Board shall provide the Board with the same notice described in subsection (c) of this section.

(e) To enable the Agency to effectively monitor recipients' efforts to provide equal access to WIOA Title I-assisted programs as provided in 29 CFR §38.41, all recipient requests for proposals, proposals, and contracts shall contain information regarding the proposed levels of service to different sexes, various racial and ethnic groups, individuals with disabilities, and individuals in differing age groups.

Source Note: The provisions of this §842.6 adopted to be effective January 4, 2021, 46 TexReg 202