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NEW WIA EO Officer
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a) Tools for improving services for persons with Limited English
Proficiency (LEP) Recipients of Federal financial assistance must take
reasonable steps to ensure that persons who do not speak English as their
primary language and who have limited ability to read, speak, write or
understand English have meaningful access to DOL financially assisted programs
and services, as well as to the same information that is provided in English.
Ensuring that the recipients for which s/he has responsibility complies with
these requirements is another part of the EO Officer's overall monitoring
responsibilities under the WIA nondiscrimination regulations. The CRC Limited
English Proficiency (LEP) Toolkit is a compilation of information, tools, and
resources to assist recipients in identifying persons who need language
assistance and exploring ways in which language assistance can be provided.
LEP Resources:
b) Tools for ensuring nondiscrimination and equal opportunity for people
with disabilities
Disability Resources:
As indicated in the chart above, several Federal disability
nondiscrimination laws will apply at the same time to various aspects of the
One-Stop system. The general principles that apply under these laws are
consistent, so that complying with one law should not cause you to violate
another. However, some laws require you to take more specific steps than
others: for example, the WIA nondiscrimination regulations contain
disability-related obligations that are more detailed, and more specific to the
One-Stop system, than the obligations under DOL's regulations implementing
Section 504, or some of the regulations implementing Title II of the ADA.
The ADA is better known than other disability-related laws because it
applies to a far broader range of persons, organizations, and businesses than
any laws that preceded or have followed it. Therefore, many disability-related
resources refer only to the ADA, without mentioning other disability
nondiscrimination laws such as Section 504 or WIA Section 188. When you use
these "ADA" resources, please remember to compare the information they provide
with the disability-related requirements of the WIA nondiscrimination
regulations, to ensure that those regulations do not impose additional
obligations on your organization.
The Job Accommodation Network (JAN) is a free consulting service that
provides information to help increase the employability of persons with
disabilities. Funded by DOL's Office of Disability Employment Policy (ODEP),
JAN can give you individualized help to determine what accommodations are most
appropriate for a particular person with a disability in the One-Stop system,
as well as on the job. JAN can also provide callers with information about
self-employment options for persons with disabilities. JAN's primary focus is
on the Americans with Disabilities Act (ADA), but JAN's consultants should also
be able to provide you with information about the requirements of WIA Section
188, Section 504, and their implementing regulations.
ODEP's website contains information on such topics as customized
employment strategies for persons with disabilities, emergency preparedness
that takes people with disabilities into consideration, and the Employer
Assistance and Recruiting Network (EARN), a national toll-free telephone and
electronic information referral service designed to assist employers in
locating and recruiting qualified workers with disabilities. ODEP also
publishes numerous fact sheets on subjects such as disability and workplace
culture; these fact sheets are available on
ODEP's website .
The Access Board website contains the most up-to-date information
about architectural accessibility standards, as well as accessibility in other
contexts such as communications and transportation. The information on the site
is a bit technical, but we have found Access Board staff to be extremely
helpful in explaining the requirements. Contact information for various Access
Board staff members and services is linked here.
[http://www.access-board.gov/contact.htm]
The EEOC is the Federal agency with lead responsibility for
interpreting Federal disability nondiscrimination laws in the employment
context. In implementing the disability-related requirements of WIA Section 188
and 29 CFR part 37, CRC follows the EEOC's interpretations, adapting those
interpretations where necessary to fit the One-Stop context.
EEOC's Enforcement Guidances are an invaluable resource for answering
questions related to disability nondiscrimination law, such as how the law
affects persons with psychiatric disabilities. However, when consulting EEOC
guidances, remember to compare their content with the requirements of the WIA
nondiscrimination regulations, to ensure that you are aware of all obligations
imposed under the latter regulations. For example, EEOC's Enforcement Guidance
on Reasonable Accommodation and Undue Hardship Under the Americans with
Disabilities Act does not address the obligations placed on recipients under 29
CFR 37.8(a) to go through a formal process in order to determine that a
particular requested accommodation would impose an undue hardship, because the
EEOC regulations implementing ADA Title I do not include those
obligations.
c) Data Collection and Maintenance/Data Analysis
Data Collection
Each recipient must, among other data- and recordkeeping-related
obligations:
- Established a data collection and maintenance system that allows
for a statistical/quantifiable analysis to verify the recipient's compliance
with Section 188 of WIA and its implementing regulations (29 CFR
37.37(b)(1));
- Retain records for a period of not less than three years from the
close of the applicable program year (longer for records related to
complaints);
- Provide certain specified information, such as complaint logs, to
the Director of CRC upon request; and
- Maintain data collected in a confidential manner.
As with other requirements discussed in this toolkit, it is the EO
Officer's obligation to ensure that the recipient(s) for which s/he is
responsible comply with the requirements related to data and information
collection and maintenance.
Data Analysis
Examples of methods to analyze data collected by a recipient, to
determine whether differences based upon a basis prohibited by WIA Section 188
(race or ethnicity, sex, age, disability status, etc.) have practical or
statistical significance:
- Practical significance (80% rule/ adverse impact rule): If a
substantially different rate of selection, in hiring, promotion, or other
employment decision works to the disadvantage of members of a race, sex, or
ethnic group, etc.; and if a group's rate of selection is less than 80% of the
most favored group, the non-favored group(s) is experiencing adverse impact.
- Statistical significance (Two (2) standard deviation test):
Standard deviation is a statistic used to measure dispersion in a distribution;
a measure of the typical distance between the average (mean) and any given
value. It measures the "width" of the distribution of values. If the difference
between the expected value and the observed number is greater than two
deviations, then the hypothesis would not be statistically significant. In
practice, the calculation of the number of standard deviations is performed
using generally accepted mathematical formulas.
- When the analysis discloses that differences have practical or
statistical significance, a follow-up investigation must be conducted to
determine whether the differences are due to intentional discriminatory
conduct, conduct that has a disparate impact on a protected group, or some
other factors.
Data Analysis Resources:
Statistical
Analysis of EO Data
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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