[Code of Federal Regulations]
[Title 29, Volume 1]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR37.37]

[Page 424]
 
                             TITLE 29--LABOR
 
PART 37_IMPLEMENTATION OF THE NONDISCRIMINATION AND EQUAL OPPORTUNITY 
PROVISIONS OF THE WORKFORCE INVESTMENT ACT OF 1998 (WIA)--Table of Contents
 
 Subpart B_Recordkeeping and Other Affirmative Obligations of Recipients
 
Sec. 37.37  What are a recipient's responsibilities to collect and 
maintain data and other information?

    (a) The Director will not require submission of data that can be 
obtained from existing reporting requirements or sources, including 
those of other agencies, if the source is known and available to the 
Director.
    (b)(1) Each recipient must collect such data and maintain such 
records, in accordance with procedures prescribed by the Director, as 
the Director finds necessary to determine whether the recipient has 
complied or is complying with the nondiscrimination and equal 
opportunity provisions of WIA or this part. The system and format in 
which the records and data are kept must be designed to allow the 
Governor and CRC to conduct statistical or other quantifiable data 
analyses to verify the recipient's compliance with section 188 of WIA 
and this part.
    (2) Such records must include, but are not limited to, records on 
applicants, registrants, eligible applicants/registrants, participants, 
terminees, employees, and applicants for employment. Each recipient must 
record the race/ethnicity, sex, age, and where known, disability status, 
of every applicant, registrant, eligible applicant/registrant, 
participant, terminee, applicant for employment, and employee. Such 
information must be stored in a manner that ensures confidentiality, and 
must be used only for the purposes of recordkeeping and reporting; 
determining eligibility, where appropriate, for WIA Title I-financially 
assisted programs or activities; determining the extent to which the 
recipient is operating its WIA Title I-financially assisted program or 
activity in a nondiscriminatory manner; or other use authorized by law.
    (c) Each recipient must maintain, and submit to CRC upon request, a 
log of complaints filed with it that allege discrimination on the 
ground(s) of race, color, religion, sex, national origin, age, 
disability, political affiliation or belief, citizenship, and/or 
participation in a WIA Title I-financially assisted program or activity. 
The log must include: the name and address of the complainant; the 
ground of the complaint; a description of the complaint; the date the 
complaint was filed; the disposition and date of disposition of the 
complaint; and other pertinent information. Information that could lead 
to identification of a particular individual as having filed a complaint 
must be kept confidential.
    (d) Where designation of individuals by race or ethnicity is 
required, the guidelines of the Office of Management and Budget must be 
used.
    (e) A service provider's responsibility for collecting and 
maintaining the information required under this section may be assumed 
by the Governor or LWIA grant recipient, as provided in the State's 
Methods of Administration.