2. Monitoring for Equal Opportunity and Compliance Evelyn Rodriguez EO Officer, Washington State Employment Security Valerie E. Kitchings EO Officer, District of Columbia Department of Employment Services

3. ~Monitoring for Equal Opportunity Compliance~ 2 The USDOL in Section 188 of the Workforce Investment Act (WIA) requires each Governor to establish a Methods of Administration which includes a system for periodically monitoring compliance for conducting their WIA Title I-B programs in a nondiscriminatory manner

4. ~Monitoring for Equal Opportunity Compliance~ 3 Introduction

5. ~Monitoring for Equal Opportunity Compliance~ 4 Things to Consider when Developing EO Monitoring Procedures Who has the responsibility for EO Monitoring? Who makes up the Monitoring Team? Are all monitors trained on WIA Section 188 EO Monitoring Requirements? Who do monitors report to? What role does the State EO and LWIA EO Officer play in the coordination of the EO Monitoring? Have policies/procedures/gu idelines regarding EO monitoring been issued? Is there an EO monitoring instrument or checklist? Does the EO monitoring instrument/check- list address LEP and all of the nine MOA elements? Who is responsible for analyzing the data collected? How frequent are the monitoring reviews/site visits conducted? Is there a written monitoring report produced from each monitoring visit? Who receives a copy of the monitoring report? Do your EO monitoring procedures provide for follow up and/or corrective actions/sanctions?

6. ~Monitoring for Equal Opportunity Compliance~ 5 Prohibited Factors RaceColorReligionSex Disability National Origin Age Political Affiliation or Belief Beneficiaries only: Citizenship Participation in a WIA Title I- financially assisted program or activity

7. ~Monitoring for Equal Opportunity Compliance~ 6 Elements of an EO Monitoring Review 1. EO Officer Designation 2. Notice & Communication 3. Assurances 4. Universal Access 5. Compliance with Section 504 6. Data and Information Collection 7. Monitoring System 8. Complaint Processing Procedures 9. Corrective Actions and Sanctions Some or all of the nine elements of the MOA may be covered:

8. ~Monitoring for Equal Opportunity Compliance~ 7 Monitoring Review Process

9. ~Monitoring for Equal Opportunity Compliance~ 8 Notification of Review and Request for Preliminary Information Notify appropriate Director/Administrator –2 to 4 weeks prior to review Request Preliminary Information –EO Data on applicants/clients, random sample applications, non-monetary determinations, EO reports, discrimination complaints, etc. –The Monitoring Review Instrument may be sent –Should be returned 10 days prior to review in order to conduct a desk review prior to the on-site review

10. ~Monitoring for Equal Opportunity Compliance~ 9 Desk Review Upon receipt of preliminary information; prior to the on-site review May help to identify potential items to be addressed during the on-site review Analyze the statistical and written reports and other documents returned

11. ~Monitoring for Equal Opportunity Compliance~ 10 Data Analyses Examples... Employment Services  Job applicant to job referral  Job referral to job placement  Average referral wage  Average placement wage  Receipt of core services  Receipt of intensive services Unemployment Insurance  Payment to nonpayment  Reason for nonpayment  Alleged misconduct  Job refusal  Not able to or available for work  Denials by adjudicator WIA Title I  Population eligible to be served to applicants  Applicant to eligible applicant  Eligible applicant to participant  Completed WIA or partner services  Received supportive services Analyses may be applied to specific groups, to include: Individuals with disabilities Veterans TANF Recipients Welfare to Work program recipients

12. ~Monitoring for Equal Opportunity Compliance~ 11 On-Site Review Purpose –determine compliance with equal opportunity and nondiscrimination requirements and review significant differences or disparities Entrance Meeting/Conference –meet with appropriate Director/Administrator and/or Local EO Officer –discuss scope of review, –make arrangements for client and staff interviews or file reviews and –discuss preliminary findings of the data analysis

13. ~Monitoring for Equal Opportunity Compliance~ 12 On-Site Review Review EO Monitoring Instrument with EO Officer Program Recruitment and Assessment EO Staffing Data –review an discuss staffing EO demographics Review Participant Files –participant EO demographics –notice of Right to file a Complaint –inappropriate Comments

14. ~Monitoring for Equal Opportunity Compliance~ 13 On-Site Review Review Participant Files –participant EO demographics –Notice of Right to File a Complaint –inappropriate comments –presence of medical condition information Interview Clients –notice of rights to file a complaint provided –accessibility to programs and facilities provided without regard to race, color, religion, sex, national origin, age, disability, etc.

15. ~Monitoring for Equal Opportunity Compliance~ 14 On-Site Review Employee/Staff Interview –EO training received –arrangements for LEP customers –awareness and location of EO policies and procedures –knowledge of how to serve customers with disabilities or limited in English proficiency –knowledge of process if he/she feels discriminated against based on a prohibited factor Exit Meeting/Conference –discuss observations –give preliminary finding, if possible

16. ~Monitoring for Equal Opportunity Compliance~ 15 Report and Follow-up Monitoring Report –within 30 days of completion of review –areas of compliance and area(s) of pending or non- compliance –recommended corrective action(s) –due date to come into compliance or to submit a plan (for acceptance) for coming into compliance Corrective Action –sanctions may be considered if recipient is fails to take necessary action to voluntarily come into compliance Follow-up –6 to 9 months after recommendations are implemented

17. ~Monitoring for Equal Opportunity Compliance~ 16