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NEW WIA EO Officer
Toolkit |
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An Equal Opportunity Officer is responsible for coordinating a
recipient's obligations under 29 CFR Part 37.25. Those responsibilities
include, but are not limited to:
- Serving as the recipient's liaison with CRC;
- Monitoring and investigating the recipient's activities, and the
activities of the entities that receive WIA Title I financial assistance from
the recipient, to make sure that the recipient and its sub-recipients are not
violating their nondiscrimination and equal opportunity obligations under WIA
Title I and 29 CFR Part 37;
- Reviewing the recipient's written policies to make sure that those
policies are nondiscriminatory;
- Developing and publishing the recipient's procedures for processing
discrimination complaints, and making sure that those procedures are followed;
- Reporting directly to the appropriate official about equal
opportunity matters;
- Undergoing training (at the recipient's expense) to maintain
competency; and
- If applicable, overseeing the development and implementation of the
recipient's Methods of Administration under 29 CFR § 37.54.
More Information
Regarding EO Officer Responsibilities
a) Reporting Relationships for EO Matters,
Priority of Responsibilities, and Conflicts of Interest
Equal Opportunity Officers are required to report directly to an
appropriate official within his/her organization (such as the State WIA
Director, Governors WIA Liaison, Job Corps Center Director, SESA
Administrator, or LWIA Administrator) about equal opportunity matters.
This means that EO Officers must report directly to the
highest-ranking official in their organizations. If the EO Officer does not
report directly to the top official, she or he must have access to that person
without undue delay or obstructions, to ensure that the necessary flow of
information between the EO Officer and the top official is not hindered.
An EO Officer may be assigned other duties, but he or she must be
able to give top priority to, and to adequately accomplish all of, his/her
responsibilities under WIA Section 188 and the WIA nondiscrimination
regulations. Additionally, s/he must not have other responsibilities or
activities that create a conflict, or the appearance of a conflict, with his or
her duties as an EO Officer.
b) Methods of Administration
- Each state is required to develop and submit to CRC a Methods of
Administration (MOA). An MOA is a document that outlines the equal opportunity
policies, procedures, and systems established by a State's Governor to give a
reasonable guarantee that the State and its recipients will comply with Federal
equal opportunity and nondiscrimination requirements. Each MOA must include
narratives describing the actions the State is taking, and documentation that
demonstrates that the State is actually taking those actions. A States EO
Officer is responsible for overseeing the development and implementation of the
States MOA.
Resources:
c) Complaint Processing
Each EO Officer is responsible for developing and publishing the
procedures for processing discrimination complaints that will be used within
his or her area of jurisdiction. For example, a State EO Officer is responsible
for the discrimination complaint procedures to be used at the State level; s/he
may also be responsible for the procedures to be used at other recipient
levels, if the States MOA so states. The EO Officer is also responsible
for making sure that the procedures are followed. The paragraphs below describe
the legal requirements that govern the complaint process.
The WIA nondiscrimination regulations provide that Any person
who believes that either he or she, or any specific class of individuals, has
been or is being subjected to discrimination prohibited by WIA or 29 CFR Part
37, may file a written complaint, either by him/herself or through a
representative. This language essentially means that anyone may file a
complaint if s/he believes that discrimination is taking place within the
One-Stop system, or that WIA Section 188 or the WIA nondiscrimination
regulations are being violated. The complaint may be filed at the recipient
level, under the procedures developed and published by the appropriate EO
Officer, or at the Federal level with CRC, as the complainant chooses.
Example complaint information form: Appendix A
i) Determining Timeliness
Complaints alleging discrimination, to be timely, must be filed within
180 calendar days of the alleged discrimination. Only the Director of the Civil
Rights Center has the authority to extend the 180 day time frame, even for
complaints that are filed at the recipient level. Extensions are granted only
for good cause shown. This means that the complainant must request
an extension from the CRC Director and explain why the extension is justified.
If the complainant fails to show good cause, the Director will deny the
extension request.
ii) Determining Jurisdiction and Authority
Each complaint must be filed in writing, and must contain the following
information:
- The complainant's name and address (or another means of contacting
the complainant);
- The identity of the respondent (the individual or entity that the
complainant alleges is responsible for the discrimination);
- A description of the complainant's allegations. This description
must include enough detail to allow the Director or the recipient, as
applicable, to decide whether:
- CRC or the recipient, as applicable, has jurisdiction over the
complaint;
- The complaint was filed in time; and
- The complaint has apparent merit; in other words, whether the
complainant's allegations, if true, would violate any of the nondiscrimination
and equal opportunity provisions of WIA or this part;
- The complainant's signature or the signature of the complainant's
authorized representative.
iii) Required Elements of Complaint Processing Procedures
29 CFR Part 37 outlines specific elements that must be addressed in a
recipients complaint processing procedures. The State or the LWIA grant
recipient, as provided in the States Methods of Administration, must
develop and publish complaint processing procedures as required in 29 CFR
§ 37.76. Those procedures are applicable to the State or LWIA and the
service providers within that State or LWIA. The procedures must include the
following elements:
- Initial written notice: This document must notify the
complainant that the recipient has received the complaint, and inform the
complainant of the right to representation.
- Written statement of issues: This statement, which is
to be provided to the Complainant, must list the issues raised, and for each
issue, state whether the recipient will accept the issue for investigation or
reject the issue. If an issue is rejected, the statement must include the
reason for the rejection.
- Process for Fact-finding: The recipients
procedures must include a period for fact-finding or investigation of the
circumstances underlying the complaint.
- It is suggested that recipients establish a fact-finding process,
explain how it works, state applicable time frames involved, and the identity
of the individual or individuals responsible for the process.
- Alternative Dispute Resolution (ADR) Process: The
recipients procedures must include a period during which the recipient
attempts to resolve the complaint. The methods available to resolve the
complaint must include alternative dispute resolution (ADR). The choice whether
to use ADR or the customary process rests with the complainant.
- It is suggested that recipients state the specific ADR process they
will use, the identity of the individuals(s) who will conduct ADR, how the
process will operate, and applicable timeframes.
- If the parties do not reach an agreement under ADR, the complainant
may file a complaint with the Director of the CRC.
- A party to any agreement reached under ADR may file a complaint
with the Director in the event the agreement is breached. The non-breaching
party may file a complaint with the Director within 30 days of the date on
which the nonbreaching party learns of the alleged breach. The Director will
evaluate the circumstances to determine whether the agreement has been
breached. If he or she determines that the agreement has been breached, the
complainant may file a complaint with CRC based upon his/her original
allegation(s), and the Director will waive the time deadline for filing such a
complaint.
- Written Notice of Final Action: A Notice of Final
Action must be provided to the complainant within 90 days of the date on which
the complaint was filed. For each issue raised in the complaint, the Notice
must contain the following:
- The recipients decision on the issue and an explanation of
the reasons underlying the decision, or
- A description of the way the parties resolved the issue; and
- Notice that the complainant has a right to file a complaint with
CRC within 30 days of the date on which the complainant receives the Notice of
Final Action if he/she is dissatisfied with the recipients final action
on the complaint.
iv) Complaint Processing Sample Letters: Appendix B
v) Complaint Log
29 CFR § 37.37 (c) requires each recipient to maintain, and submit
to the Civil Rights Center when requested, 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 EO Officer should make sure that this log is being kept, as part of his/her
overall monitoring responsibilities.
d) Monitoring compliance with the
nondiscrimination and equal opportunity provisions of WIA and their
implementing regulations.
Each Governor is required to establish one or more systems to monitor
compliance by the State and its recipients with the nondiscrimination
provisions of WIA and their implementing regulations. The system(s) must
contain specific elements. Examples of some of the required elements:
- a statistical or other quantifiable analysis of records and data,
including analyses by race/ethnicity, sex, age, and disability status;
- an investigation of any significant differences identified by the
statistical or quantifiable analysis, to determine whether these differences
appear to be caused by discrimination;
- an assessment to determine whether the State and/or its recipients
have fulfilled their administrative obligations under WIA Section 188 and 29
CFR part 37 (such as recordkeeping and providing notice and communication). CRC
recommends that this assessment include a review of the States or
recipients compliance with its obligations related to the designation of,
and support for, its EO Officer;
- policy communication and training to ensure that EO Officers and
other relevant staff members are aware of and can effectively carry out their
regulatory responsibilities; review of the States and its
recipients job training plans, contracts, assurances, and other similar
documents and agreements to ensure that they are both nondiscriminatory and
contain required language regarding nondiscrimination and equal opportunity.
CRC recommends that States communicate monitoring requirements to
their recipients. In addition, States must ensure that the required monitoring
is occurring and that follow-up action is taken where necessary. The WIA
nondiscrimination regulations place responsibility on each recipients EO
Officer for ensuring that monitoring takes place.
Below are links to one possible tool that may be helpful in the
monitoring process, DOLs WIA Section 188 Disability Checklist, and to
training about the Checklist that CRC has developed. We plan to update this
toolkit periodically to provide links to additional monitoring instruments that
may be useful. Additionally, the data analysis section of this toolkit provides
information regarding how to analyze data to determine if there are significant
differences across various groups.
e) Notice and Communication
Requirements
As part of his/her overall monitoring responsibilities under the WIA
nondiscrimination regulations, an EO Officer must ensure that the recipients
for which s/he is responsible are complying with their legal obligations
related to notice and communication. Those obligations are listed below.
The recipient must notify specified groups of individuals and entities
that it is covered by the nondiscrimination provisions of WIA, and that those
provisions grant specific rights. Each recipient must use two distinct types of
notification in particular circumstances specified in the WIA nondiscrimination
regulations:
- the Equal Opportunity is the Law Notice
- tag lines and other related information
The Equal Opportunity is the Law Notice. Recipients must
use the exact text of the Notice that is provided in 29 CFR 37.30. That text
explains:
- that discrimination on specific listed bases (race, sex,
disability, etc.) is against the law
- where and when to file a discrimination complaint
29 CFR 37.29 contains a complete list of the categories of individuals
and entities that must receive the Notice. Examples of these categories
include:
- Applicants for employment / employees
- Unions and professional organizations
- The regulations require that the Notice be distributed in specified
ways, including, at a minimum:
- Prominent posting on the recipients premises
- Through internal memoranda and other communication methods
- Inclusion in handbooks and manuals
- Making the Notice available to each participant, and making it
part of the participants file (29 CFR 37.31(a))
- The regulations include specific requirements for providing the
Notice to persons with disabilities:
- The Notice must be communicated to such persons as effectively as
to persons without disabilities, and
- If the Notice is provided in an alternate format to a participant
with a visual impairment, a record of that fact must be included in the
participants file. (29 CFR 37.31(b))
The regulations also require that the Notice be communicated
effectively to persons with limited English proficiency. (29 CFR 37.35).
Tag lines and other related information. The WIA
nondiscrimination regulations require that specific information must be
included in any materials, publications, or broadcasts (including a
recipients website) that:
- Describe any programs or activities that receive financial
assistance under WIA Title I, or
- Explain the requirements for participation in such programs or
activities.
- This category includes materials and information that are distributed
by any method, including:
- It also includes materials and information that are distributed to:
- Materials and information in this category must include two types of
notice: tag lines and alternative contact numbers for persons with
disabilities.
- Tag lines. Materials in this category including
the websites of recipients such as One-Stop operators and service providers --
must include the exact text of the following two tag lines:
- Equal opportunity employer / program
- Auxiliary aids and services available upon request to
individuals with disabilities
- The only exception to the requirement that the exact text be used is
in cases in which the information is being published or broadcast by the news
media, such as a newspaper or television or radio station. In those cases, the
exact text of the tag lines need not be used, as long as the essential
information in each of the tag lines is accurately conveyed.
- Alternative contact numbers. If the materials,
publications, or broadcasts in the category described above include a telephone
number for voice contact with the recipient, they must include an alternative
telephone number for contact with the recipient through a TDD/TTY or relay
service.
- Persons with Limited English Proficiency. The
regulations also require that all information in the category described above
must be provided in appropriate languages for persons with limited English
proficiency.
Notice and Communication Resources:
CRCs website contains not only the English version of the
Equal
Opportunity is the Law Notice, but also links to translations of the
Notice into various other languages.* N.B.: These translations were developed
by the States listed on the website, and have not been reviewed or approved by
CRC.
*Note: The language specified in the
English version of the Notice should not be changed; simply insert the name and
contact information for the recipients Equal Opportunity Officer or
designee, where indicated, and use the rest of the notice verbatim.
Disclaimer: Content provided in this
toolkit does not create new legal obligations, and is not a substitute for the
U.S. Code, Code of Federal Regulations, and Federal Register, which are the
official sources for applicable statutes, regulations, notices, and other
relevant documents.
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