A grievance is a written or electronic statement of complaint concerning allegations of discrimination or allegations of violation(s) of 49 CFR Parts 23 or 26. Anonymous or unsigned correspondence, verbal allegations or inquiries seeking advice or information are not considered a grievance.
A grievance may be filed by any DBE firm that is: 1) actively participating on a NOAB project; 2) bidding on a NOAB project; 3) submitted for inclusion on a project via letter of intent by a Prime bidder; 4) has participated on a NOAB project within the past 180 days; or 5) has been subject to discrimination or retaliation prohibited by any civil rights authority with 180 days of the complaint.
Correspondence or verbal communications that is not a complaint or grievance, but potentially involves a Civil Rights issue or violation of 49 CFR Parts 23 and 26 may be investigated by the DBE Office, especially if the DBELO believes an issue may eventually rise to a complaint.
Additionally, any indications of disparate treatment or disparate impact must be investigated by the DBE Office as required by the non-discrimination assurances of 49 CFR Part 26.13. These investigations are conducted as compliance reviews.
DBE Grievance Policy (rev Aug 2016)