EO Officer Roles and Responsibilities Carolyn Parsons State Equal Opportunity Officer Utah Department of Workforce Services Danielle Smith Missouri Division of Workforce Development

Introduction to the Utah System Utah is a single state service delivery system One Workforce Development Board WIOA Title I Programs and Services UI Employment Exchange Activities Food Stamps (SNAP) Medicaid Childcare Housing TANF Utah State Office of Rehabilitation

State and Local EO Responsibilities An Equal Opportunity Officer is responsible for coordinating a recipient’s obligations under 29 CFR Part 38 of the Workforce Innovation and Opportunity Act. The State EO Officer serves as the recipient’s liaison with CRC All EO Officers are responsible for monitoring and investigating the recipient’s activities, and the activities of all the entities that receive WIOA Title I funding

State and Local EO Responsibilities Monitoring includes data collection and analysis Reviewing all policies and procedures to ensure they are non discriminatory Developing written policies and procedures for processing complaints of discrimination, to include a tracking system of the complaints Ensuring LEP policies and procedures are written and followed

State and Local EO Responsibilities Conducting outreach and education about equal opportunity and nondiscrimination requirements, including how to file a complaint of discrimination. Undergoing training to maintain the competency of the EO Officer and staff. Overseeing the development and implementation of the Nondiscrimination Plan.

Missouri Division of Workforce Development Equal Opportunity Program

Missouri’s Workforce System Every state has a different make up of their workforce system. Missouri has the following: 14 Local Workforce Board Areas 14 Equal Opportunity Officers State Agencies WIOA Core Partner Equal Opportunity Officers Unemployment Insurance (UI) Family Service Division(FSD) Department of Elementary, Secondary Education (DESE)

The Equal Opportunity Officer’s Role Section 188 of the Workforce Innovation and Opportunity Act (WIOA) requires nondiscrimination and equal opportunity in the administration, oversight and delivery of WIOA-related: Services Aid Benefits Training Employment practices (i.e. positions with an agency or company that receives WIOA funding) The key is consistent and uniform application of sound policies and procedures. Compliance with the nondiscrimination requirements of the Workforce Investment Act (WIA/WIOA Section 188) stems from the following themes: Access/Equal Opportunity Notice/Communication

Selecting an Equal Opportunity Officer Must be a “senior-level” employee Must report to the highest level of authority for the entity that is the recipient, such as the Governor, the Administrator of the State agency, the Chair of the Local Workforce Board, Chief Executive Officer, the Chief Operating Officer, or an equivalent official. Must not be assigned other (non-EO-related) duties or activities that create either an actual or apparent conflict of interest with the responsibilities of an EO Officer

Equal Opportunity Officer’s Roles and Responsibilities Know WIOA Section 188 and related civil rights laws that apply to your programs and activities Know your programs and activities from start to finish Develop policies and procedures that apply across the board Assurances Taglines Discrimination complaints Harassment and hostile environment Serving persons with disabilities Serving limited English proficient (LEP) persons Handling religious-based accommodation requests Regularly train responsible staff Monitor your programs and activities

Know the Laws! Title VI of the Civil Rights Act of 1964 (race, color, national origin) Section 504 of the Rehabilitation Act of 1973 and The Americans with Disabilities Act (ADA) of 1990 as Amended (2008).  http://www.ada.gov/pubs/adastatute08.htm The Age Discrimination Act of 1975 (any age) Title IX of the Education Amendments Act of 1972 (gender in educational programs and activities) Section 188 of the Workforce Innovation and Opportunity Act (race, color, national origin, citizenship, political affiliation or belief, religion, sex, WIOA participant status, any age, and disability) Retaliation is prohibited by all of the laws

Equal Opportunity Officer’s Roles and Responsibilities Widely-publish and disseminate the EO Poster with EO Officer’s contact information EO Budget (staff and resources) EO Officer and staff training to maintain competency Provide the EO Officer with the necessary support of top management Serves as the recipient’s liaison to the U.S. Department of Labor’s Civil Rights Center and to sub-recipients. Should be listed on the website, and on all written materials related to WIOA programs and activities and include the TTY or relay number wherever a phone number is listed. Sufficient staff and resources to the EO Officer to enable him/her to perform EO duties. Officer and staff are afforded the opportunity to receive training to maintain competency. Provide the EO Officer with the necessary support of top management to ensure compliance with the nondiscrimination and equal opportunity mandates of WIOA Section 188.

Equal Opportunity Officer’s Roles and Responsibilities Conducts monitoring and discrimination complaint investigations Reviews the recipient’s written policies and procedures to ensure they are nondiscriminatory Develops and publishes discrimination complaint procedures When appropriate, the EO Officer oversees development and implementation of the recipient’s Nondiscrimination Plan

Section 188 Applies to who? These statutes apply to all recipients and sub-recipients of WIOA Title I-related assistance including but not limiting: Government agencies (state, county, city, and municipality levels) Any individual or entity that receives WIOA-related funding Successors, transferees, or assignees of WIOA-related assistance in the form of loans, grants, property, federal personnel, and so on Subsidies On-the-job trainers Eligible Training Providers Apprenticeship Programs Service providers for a WIOA program or activity Contractors that are part of the delivery process for the WIOA program or activity The long arm of the law: Government agencies and quasi-government entities at the state, county, city, and municipality levels (“pass- throughs” of WIOA funding) Any individual or entity (community-based organization, private employer, private or public institution, including any educational or health care institution) that receives WIA/WIOA-related funding

Coverage beyond WIOA Programs WIOA Section 188 applies to any program or activity operated out of, or through, your American Job Center even if it is not funded by the Department of Labor. Holds true to for WIOA Core partners Unemployment Insurance programs and activities Holds true even if the UI program is operated outside the centers WIOA Section 188 applies to any program or activity operated out of, or through, your American Job Network center even if it is not funded by the Department of Labor. Some examples in Missouri include TANF, TAA, SPYC (Summer Parks Youth Corps). These are programs operated out of your centers.

Who is covered? Beneficiaries and potential beneficiaries of the services, aid, training, or benefits you offer Beneficiaries and potential beneficiaries of the services, aid, training, or benefits you offer. Individuals seeking to participate in WIOA-funded programs and activities may carry baggage that conflicts with the nondiscrimination laws you enforce (i.e. the person seeking to apply for a training program is racist). If a person meets the “essential eligibility requirements” for the service, aid, training, or benefit you offer, then you must allow participation even if you find the person irritating or offensive.

Notify the public of their rights! Plan of Action Post statues enforced by the US Dept of Labor and the prohibited bases of discrimination covered by the statues on: Websites Handbooks Internal manuals Written notices Recruitment and orientation materials Notify the public of their rights! Make a list of the statutes enforced by the U.S. Department of Labor, and the prohibited bases of discrimination covered by the statutes. Post this information to your Web site and in your written materials, such as internal manuals or handbooks, notices, recruitment and orientation materials to: provide guidance to staff, and notify the public of their rights.

Plan of Action Know your program, activities and services Train your staff on the prohibited bases Ensure “Equal Opportunity” posters are posted Make sure staff have the necessary resources for persons with disabilities and LEP customers Ensure “Assurance” language are in all contracts and agreements What are the programs and activities you offer at your American Job Network center(s), or at required partners (such as UI call centers)? For each of the programs or activities, do you have written policies and procedures in place for delivery of the service, aid, benefit, or training? Do you have written “essential eligibility requirements” for the service, aid, benefit, or training? Take yourself through the process from start to finish Who do you encounter? What steps are you required to take? How are decisions made? How does a person with a disability, or a LEP person, navigate the process?

Plan of Action Equal Opportunity Tagline: Equal Opportunity Employer/Program. Auxiliary aids and services are available upon request to individuals with disabilities. EO Taglines must be included on all written materials related to your WIOA programs and activities. They are designed to provide initial and continuing notice of your obligations to provide equal opportunity to all customers, and to properly serve persons with disabilities. The taglines should be included on all written materials pertaining to your WIOA-related program or activity. Some examples are: Outreach and recruitment; Registration; Counseling and guidance; Testing; Selection, placement, appointment, referral; Training; Promotion and retention; and Written advertisements and scripts. Taglines must be included on all written materials related to your WIOA programs and activities.

Plan of Action Complaint Process The EO Officer is required to develop and publish discrimination complaint policies and procedures. Make sure the procedures are in writing and are widely known and available to staff, registrants, beneficiaries, and potential beneficiaries, contractors, service providers, and so on. Make sure staff know the difference from “Programmatic” complaints and “discrimination” complaints in that “programmatic” complaints do not allege discrimination on a covered basis (i.e. race, color, national origin, and the like). These procedures deserve extra attention. The EO Officer is required to develop and publish these procedures. Small recipients must designate an individual who will develop and publish these procedures. It is equally important that staff in all agencies are trained regarding these policies and procedures. Make sure the procedures are in writing and are widely known and available to staff, registrants, beneficiaries, and potential beneficiaries, contractors, service providers, and so on. This can be accomplished through: Your website; Recruitment and outreach materials and presentations; Admissions and registration materials and presentations; Orientation materials and presentations; Newsletters and notices; Broadcasts, written news media; and Operating manuals and handbooks. Your Web site must clearly notify folks of: (1) their right to file a discrimination complaint, (2) the civil rights laws applicable to your programs and activities, and (3) the necessary contact information for the EO Officer, or individual designated to conduct discrimination complaint investigations under WIOA Section 188 (in the case of “small recipients). Develop and publish policies and procedures regarding the EO Officer’s maintenance of the discrimination complaint log. Make sure the right to file a discrimination complaint is prominently posted on your webpage and in all of your public spaces. Train staff regarding how to process or refer discrimination complaints involving WIOA-related programs and activities. Discrimination complaint information must be available in alternative formats for persons with disabilities, and in other languages (as needed) for LEP persons. Relay service or TDD/TTY information must be included on any written communication that includes telephone numbers.

Monitoring Programs and Activities Plan of Action Monitoring Programs and Activities Ensure data is collected in different formats for various purposes Regulations require you to perform statistical analyses to ensure compliance (annually) Data is collected on a variety of individuals taking advantage of your programs and activities, including: Applicants Registrants Eligible applicants and eligible registrants Participants Terminees Employees and applicants for employment, where appropriate. The discrimination complaint log maintained by the EO Officer. Program data regarding who is taking advantage of the WIA/WIOA-related services, aid, benefits, and training you offer. Census and related data informing you of the composition of the population in your service area. Disability-related data and medical information pertaining to an employee or to a participant. For example: You may collect this information to resolve requests for reasonable accommodation Or, you may collect this information to determine whether an individual meets the “essential eligibility requirements” for the program or activity. The U.S. Department of Labor requires that you collect the following data: Race/ethnicity Sex Age Disability status, if known Keep in mind data pertaining to “disability” is obtained only on a voluntary basis. A customer cannot be required to provide such information. Demographic data is collected from the point of initial service; that is, from the point a person is asked by the recipient to provide personal information (such as name, address, Social Security number, and the like).

Ensure you have policies in place to address: Plan of Action Ensure you have policies in place to address: Individuals with disabilities Accommodation/modifications Harassment and Hostile Environment Serving Limited English Proficient Persons Great resource: www.lep.gov You must take appropriate steps to ensure that communications with persons with disabilities are as effective as communications with others (i.e. through use of auxiliary aids and services). When serving a person with a disability, you must provide individualized attention focusing on what the person can do, and the person must be served in an integrated setting to the maximum extent possible. You must have published procedures in place for handling requests for reasonable accommodation/modification. Clearly written policies setting forth prohibitions on harassment and hostile environment along with written procedures for handling these types of complaints are essential. There are two central responsibilities you have when serving LEP persons: You must have the ability to communicate in the language (or languages) used by a “significant number or proportion” of your service area population (including displaying the “Equal Opportunity Is the Law” posters in the language(s)); and You must assess “the particularized language needs” of the LEP individual who communicates in a less-widely-used language. Once the language need is assessed, you must have access to resources to enable you to communicate with that individual. Front line staff must know the resources and how to access them: Language line services “I speak” cards Communication with LEP persons occurs through: Qualified interpreter services; and Qualified translation services for “vital” documents in less-widely-used languages. You are required to: Provide these services free-of-charge to the LEP person; and Notify each LEP person these services are available free-of-charge

Ensure you have policies in place to address Plan of Action Ensure you have policies in place to address Handling Religious-Based Accommodation Requests One of the prohibited bases of discrimination under WIA/WIOA Section 188 is “religion.” You cannot treat a person differently from other persons because of his/her religion (or lack thereof). Sometimes, a person will ask for accommodation/modification in a WIA/WIOA-related program or activity because of a particular practice or belief. Some examples are: Dress and grooming Diet Space and time for worship or prayer You must have published procedures for handling religious-based accommodation requests. The criteria you consider when handling religious-based accommodation requests differ from the criteria you consider when handling disability-based requests.

Plan of Action Provide initial and continuing training Your procedures and criteria won’t be worth the paper they are written on if staff: Doesn’t know them; Ignores them; or Deviates from them. Disparate treatment generally stems from responsible staff treating one person differently because of how s/he speaks, looks, dresses, and so on.

Questions Carolyn Parsons State Equal Opportunity Officer Utah Department of Workforce Services Email: cparsons@utah.gov Danielle Smith Missouri Division of Workforce Development Email: danielle.smith@ded.mo.gov