Sec. 434. System required
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In order for a State to receive an allotment under this subtitle the State shall— have in effect a system to protect and advocate for the rights of workers within the State who are or who may be eligible for relief from applicable employment discrimination laws; and designate a private nonprofit entity (referred to in this subtitle as an agency ) to support and carry out the activities of that system. The State shall ensure that the agency designated under subsection
(a)shall— not be administered by the State, or an agency or instrumentality of a State; and be independent of any entity that represents the interest of the State, employers, or other corporations. The agency implementing the system shall not be redesignated unless— there is good cause for the redesignation; the State has given the agency notice of the intention to make such redesignation, including notice regarding the good cause for such redesignation, and given the agency an opportunity to respond to the assertion that good cause has been shown; the agency has given timely notice of the intended redesignation directly to clients of the agency; the State has provided, in plain English and in accessible formats for individuals with disabilities and for individuals who primarily speak a language other than English, an opportunity for public comment; and the agency has an opportunity to appeal the redesignation to the Secretary, on the basis that the redesignation was not for good cause. The costs of the notice required under paragraph (2)(C) shall be paid by the State. The system described in subsection
(a)shall— have the authority to— pursue legal, administrative, and other appropriate remedies or approaches, as applicable, to ensure the protection of, and advocacy for, the rights of individuals within the State who are or who may be eligible for relief from employment discrimination; and provide information on and referral to programs and services addressing the needs of such individuals; have the authority— to investigate incidents of employment discrimination, including harassment, and to conduct investigations of systemic employment discrimination, of such individuals if the incidents are reported to the agency or if there is probable cause to believe that the incidents occurred; and to investigate and gather data in the same manner as the Secretary under section 11(a) of the Fair Labor Standards Act ( 29 U.S.C. 211(a) ); on an annual basis, develop, submit to the Secretary, and take action with regard to goals and priorities developed through data driven strategic planning for the system’s activities; on an annual basis, provide to the public, including individuals described in paragraph (1)(A), the regional office of the Commission that serves the State, and any State agency whose purpose is to reduce or eliminate employment discrimination, an opportunity to comment on— the goals and priorities established by the agency and the rationale for the establishment of such goals; and the activities of the agency, including the coordination of services with the District office of the Commission that serves the State, and any State agency whose purpose is to reduce, eliminate, or redress employment discrimination, and with entities carrying out other related programs; establish a grievance procedure for clients or prospective clients of the agency to ensure that individuals described in paragraph (1)(A) have full access to services of the agency; have access at reasonable times to any individual described in paragraph (1)(A) in a location in which services and other assistance are provided to such an individual, in order to carry out the purpose of this subtitle; have access, not later than 3 business days after the agency makes a written request, to the records of any individual described in paragraph (1)(A) (including Federal and State workers) who is a client of the agency if such individual, or other legal representative of such individual, has authorized the agency to have such access; hire and maintain sufficient numbers and types of staff (qualified by training and experience) to carry out the agency’s functions, except that the State involved shall not apply hiring freezes, reductions in force, prohibitions on travel, or other policies to the staff of the agency, to the extent that such policies would impact the staff or functions of the agency funded with Federal funds or would prevent the agency from carrying out the functions of the system under this subtitle; have the authority to educate policymakers; and provide assurances to the Secretary that funds allotted to the State under section 433 will be used to supplement, and not supplant, the non-Federal funds that would otherwise be made available for the purposes for which the allotted funds are provided. Upon application to the Secretary, the Secretary shall allot funds to one or more American Indian consortium established to provide services under this subtitle, in accordance with section 433(a)(5). Such funds shall be used to support services under this subtitle. An American Indian consortium under paragraph
(1)shall be considered to be a system for purposes of this subtitle and shall coordinate those services with other systems serving the same geographic area. The tribal council that designates the consortium shall carry out the responsibilities and exercise the authorities specified for a State in this subtitle, with regard to the consortium.
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U.S. Code