[nfbmi-talk] long but very important memo
joe harcz Comcast
joeharcz at comcast.net
Sat Nov 13 19:21:24 UTC 2010
This goes to the fact that one stops in michigan know of obligations but have acted with deliberate indifference...This is long but it also goes to the fact that Cannon knows of violations...
Joe
OFFICIAL
E-mailed: 01/06/10 (gw)
Bureau of Workforce Transformation (BWT)
Policy Issuance (PI): 09-30
Date: January 6, 2010
To: Michigan Works! Agency (MWA) Directors
Designated MWA Equal Opportunity Officers
From: Liza Estlund Olson, Director, Bureau of Workforce Transformation
(SIGNED)
Subject: Transmittal of the Equal Opportunity Policy Guide
Programs
Affected: All programs and activities funded through and/or that operate as part of
the state’s workforce development system.
Rescissions: Equal Opportunity Policy Guidance dated June 1, 2001, issued by the
Executive Office of the Michigan Department of Career Development.
Background: The Equal Opportunity Policy Guide was created to publish, in a single
document, the full range of nondiscrimination and equal opportunity (EO)
management requirements imposed on recipients of federal financial
assistance from the Michigan Department of Energy, Labor & Economic
Growth (DELEG), Bureau of Workforce Transformation (BWT). The
policies and procedures outlined in the guide have been incorporated into
the state’s Methods of Administration to establish the framework by
which local Workforce Investment Areas and their service network, are to
comply with the obligations imposed by Title VI of the Civil Rights Act
of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as
amended; the Age Discrimination Act of 1975, as amended; Title IX of
the Education Amendments of 1972, as amended, and other applicable
federal and state civil rights rules and regulations.
Policy: It is the policy of the State of Michigan to ensure EO compliance in all
programs administered by, and funded in whole or in part, through state government agencies. As part of this policy commitment, DELEG does
not discriminate in employment or in the provision of services based on
race, color, religion, sex, national origin, age, disability, height, weight,
genetic information, marital status, arrest without conviction, political
affiliation or belief, and for beneficiaries only, citizenship or participation
in any federally assisted program or activity. All recipients in the
statewide workforce delivery network, as a condition to the award of
financial assistance, must articulate a comparable EO policy commitment
and are expected to create a service culture that continuously promotes
access, equity and respect for the differing customs, abilities and beliefs
of the communities we serve. Action: MWAs, their Service Centers, One-Stop partner agencies and other
recipients, as defined in 29 CFR§Part 37, must adopt systems and
practices and have local written policies and procedures that demonstrate
compliance with applicable portions of this guide. Failure to comply with
federal regulatory requirements and DELEG’s EO policy standards may
jeopardize initial, continued or renewed funding under federal and state
supported programs.
Inquiries: Questions regarding the state EO policy standards and/or requests for
assistance in implementing the compliance requirements outlined in the
guide are to be directed to the state designated Equal Opportunity Officer
at (517) 373-7675.
The information contained in this policy issuance will be made available
in alternative format (large type, audio tape, etc.) upon request to this
office.
Expiration: Continuing
LEO: MEW:gw
Attachments
Bureau of Workforce Transformation
Equal Opportunity
Policy Guide
PURPOSE
This document contains the nondiscrimination and equal opportunity (EO) management
requirements imposed on recipients of federal financial assistance from the Michigan
Department of Energy, Labor & Economic Growth (DELEG), Bureau of Workforce
Transformation (BWT). The policies and procedures outlined in this guide have been
incorporated into the department’s Methods of Administration to establish the framework by
which the state, local Workforce Investment Areas (LWIAs) and their recipients will meet EO
regulatory requirements. The majority of compliance requirements originate from federal
regulations implementing Title VI of the Civil Rights Act of 1964, as amended, Section 504 of
the Rehabilitation Act of 1973, as amended, Section 188 of the Workforce Investment Act and
other statutes prohibiting discrimination in federally assisted programs and activities. Other
provisions reflect standards adopted by the State of Michigan to ensure EO compliance in
programs funded in whole, or in part, through state government agencies. Michigan Works!
Agencies (MWAs), their Service Centers, and other recipients must adopt systems and practices
and have local written policies and procedures that demonstrate compliance with applicable
portions of this guide. Failure to comply with these requirements may jeopardize initial,
continued or renewed funding under federal and state supported programs.
PROGRAMS COVERED BY THIS GUIDE
All programs and activities that operate as part of the state’s workforce system are covered by
the policy requirements outlined in this guide. Such programs include:
• Workforce Investment Act (WIA) Title I Programs
• Jobs, Education and Training (JET) Program
• Wagner-Peyser (Employment Service) Program
• Food Assistance Employment & Training Program
• Trade Adjustment Assistance (TAA) Program
In compiling this guide, the BWT has taken measures to institute a universal set of policy
standards that are sufficient in assuring recipient compliance with the regulatory provisions
issued by each of the federal agencies granting workforce funding to the state. In those instances
where substantial regulatory variances exist between the federal programs, users will be directed
to comply with the specific regulatory provisions of each grantmaking agency.
EQUAL OPPORTUNITY POLICY GUIDE
EQUAL OPPORTUNITY POLICY GUIDE
______________________________________________________________________________
GUIDE STRUCTURE
The Equal Opportunity Policy Guide (EOPG) consists of ten sections with Parts I through VII
covering primary EO compliance requirements and administrative obligations. The remaining
portions of the guide, Parts VIII through X, provide MWAs and their recipients with notification
regarding the procedures DELEG will use to carry out EO oversight, corrective action, and
enforcement proceedings.
UPDATES TO THIS GUIDE
The BWT will periodically update this guide to incorporate changes in applicable federal
regulations and/or to reflect revisions to state policy/compliance requirements. Date identifiers
in the right hand bottom corner of each page shows the effective date of the referenced policy
section. Notification of EO policy changes will be sent to MWA administrative officials and
designated local EO Officers via electronic mail.
COMPLIANCE ASSISTANCE
Questions regarding state EO policy standards and/or requests for assistance in implementing the
compliance requirements outlined in this guide are to be directed to:
Equal Opportunity Officer
Bureau of Workforce Transformation
Michigan Department of Energy, Labor & Economic Growth
201 N. Washington Square, 5th Floor
Lansing, Michigan 48913
Voice and electronic messages may be transmitted to the EO Officer at the telephone/TTY
numbers and e-mail address published by DELEG for the State designated Officer.
PURPOSE: To transmit the obligation to designate an Equal Opportunity Officer.
1.0 POLICY: MWAs must designate an EO Officer to serve as a technical resource and to
coordinate management of the LWIA’s nondiscrimination and EO responsibilities for all
DELEG federally-assisted and state funded programs operated through the workforce
investment and One-Stop delivery system. The designated Officer must be a senior-level
employee who, for EO-related matters, reports directly to the recipient’s highest-level
administrative official.
1.1 EO Officer Duties and Responsibilities
The individual designated to serve as EO Officer must have the knowledge, skills, and
ability to effectively administer and promote the MWA’s EO program and must at a
minimum, be assigned responsibility to:
• Serve as the MWA’s liaison to the DELEG, the U.S. Department of Labor’s
(USDOL’s) Civil Rights Center, and other federal/state civil rights agencies;
• Implement the MWA’s EO management plan (or methods of administration) for the
local workforce system;
• Develop internal and/or MWA-wide EO policies and procedures;
• Review and monitor the EO activities of administrative offices, Service Centers,
and other provider agencies to assure compliance with required systems and
determine whether policies and practices adopted by recipient agencies are
nondiscriminatory;
• Analyze EO statistical data to determine whether differences based on demographic
factors have practical or statistical significance; and
• Provide training and compliance assistance to the MWA’s provider network to
ensure that recipient staff is aware of and can carry out the MWA’s EO policies and
procedures.
The MWA’s EO Officer must further be assigned primary responsibility for
implementing, in accordance with the state’s uniform discrimination complaint
procedures, the MWA’s discrimination complaint processing and alternative dispute
resolution procedures. This duty includes not only the responsibility for investigating
discrimination complaints filed with the MWA, but the obligation to assist, where
required, with the review and resolution of any complaints that allege discrimination
PART I DESIGNATION OF AN EQUAL OPPORTUNITY OFFICER
EQUAL OPPORTUNITY POLICY GUIDE
______________________________________________________________________________
and/or other EO violations within the MWA’s service jurisdiction, that may be
investigated by federal/state civil rights enforcement agencies.
1.2 LWIA/Grant Recipient Responsibilities
MWAs must assure that the EO Officer’s position is filled at all times and is not
knowingly vacant and must implement, as part of its EO management plan, a process to
document the manner in which the EO Officer carries out assigned duties. The MWA
must additionally:
• Develop and maintain on file, a position description that reflects both the EO and
non-EO-related job functions assigned to the Officer;
• Make public (via internet notice/poster/and other appropriate means) the name,
address, telephone/TTY, or Relay Center number of its EO Officer;
• Include reference to the EO Officer in all internal/external communications and
public information materials that describe the MWA’s EO program;
• Ensure that the Officer is provided access to training necessary to maintain
competency and carry out responsibilities associated with the position, including
attendance at EO-related training required by the state; and
• Provide the EO Officer with sufficient management, resource, and staffing support
and ensure that support personnel receive the training required to assist with
assigned EO activities.
MWAs must also submit the name of its EO Officer and related EO management/Officer
profile information to the DELEG upon request and/or immediately (within 30 days)
when a reappointment to the position is made.
1.3 Percent of Time Devoted to EO
In complying with this policy, MWAs are not required to establish a full-time position to
coordinate the EO function. In most cases, the duties described in the regulations and
policy standard 1.1 of this guide may be performed by an individual (or individuals) who
is assigned other administrative or program duties as long as:
• Any such additional duties do not create a conflict, or the appearance of a conflict
of interest, with EO management functions; and
• The EO Officer is able to give priority to, and adequately accomplish, their EO
responsibilities.
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All determinations regarding possible conflict of interest and/or the required minimum
percentage of time to be devoted to EO will be based on criteria established by federal
funding agencies.
1.4 Assignment of Section 504 Coordinator Responsibilities
The EO Officer appointed in compliance with this policy may, at the MWA’s discretion,
also serve as the agency’s designated 504 Coordinator, responsible for ensuring
nondiscrimination and equality of opportunity for persons with disabilities. If the EO
Officer does not fulfill this role, the MWA must appoint a Section 504 Coordinator, with
the training and experience to perform duties associated with that position. Notice of the
person appointed to fulfill Section 504 Coordinator functions, if different than the
designated EO Officer, must be submitted to the DELEG within 30 days of appointment.
1.5 Establishment of EO-Related Positions at Provider Agencies
Agencies that operate Michigan Works! Service Centers or serve as local providers are
not required to designate an EO Officer. MWAs may, at their option, require their
recipients to appoint a liaison to coordinate EO activities or serve as an initial point of
contact for EO issues at Service Centers and other provider agencies. MWAs adopting
this method of administration must issue policy regarding the specific duties assigned to
EO liaisons and develop a strategy to ensure that individuals performing this function
have been sufficiently trained to carry out assigned responsibilities. MWAs are
reminded, that while establishment of EO liaisons within the local service network is a
highly endorsed best practice, such assignment does not relieve the MWA from its
obligation to designate an EO Officer and the department will hold the MWA/grant
recipient accountable for compliance with that requirement.
PURPOSE: To clarify recipient responsibility for ensuring nondiscrimination and to
disseminate information regarding administrative obligations and general EO management
responsibilities.
2.0 POLICY: MWAs/grant recipients must ensure nondiscrimination in all federally funded
and state administered programs operated through its service network and must develop
an operational framework for documenting the manner in which the LWIA carries out
and manages its EO responsibilities.
2.1 Prohibition Against Discrimination
All recipients are prohibited from discriminating on the grounds of race, color, religion,
sex, national origin, age, disability, and political affiliation or belief. For WIA programs,
discrimination on the basis of a beneficiary’s citizenship status as a lawfully admitted
immigrant authorized to work in the United States or on his or her participation in a WIA
Title I financially assisted program or activity is also prohibited.
In operating financially assisted programs or activities recipients must not, directly or
through contractual, licensing, or other arrangements, on a prohibited ground:
• Deny any individual aid, benefits, services, or training;
• Provide an individual any aid, benefits, services or training that is different, or is
provided in a different manner, from that provided to others;
• Subject an individual to segregation or separate treatment;
• Restrict an individual in any way in the enjoyment of any advantage or privilege
enjoyed by others; or
• Treat an individual differently from others in determining whether he or she
satisfies any requirement or condition for any aid, benefits, services, or training
provided.
Recipients must further ensure that they do not aid or perpetuate discrimination by
providing significant assistance to an agency, organization, or person that discriminates
on a prohibited ground and must comply with the prohibition against other types of
discriminatory actions referenced in federal regulations and/or prohibited by state law.
PART II PROHIBITION AGAINST DISCRIMINATION AND GENERAL
EQUAL OPPORTUNITY MANAGEMENT REQUIREMENTS
EQUAL OPPORTUNITY POLICY GUIDE
______________________________________________________________________________
2.2 Maintenance of Harassment-Free Work/Service/Training Environments
MWAs and their recipients must maintain work and training environments free of
discriminatory and sexual harassment and must make good faith efforts to prevent
harassing behaviors and create work, service, and training atmospheres that foster
inclusion and respectful interpersonal relationships. All forms of verbal, written,
physical, or graphic conduct that denigrates or shows hostility or aversion toward a
person on prohibited bases is strictly prohibited. MWAs are responsible for
communicating that allegations of harassment will be taken seriously and that the agency
will not condone or tolerate harassing, offensive, or inappropriate behavior, whether
committed by MWA administrative staff, personnel of provider/partner agencies, state
employees stationed at local facilities, vendors, customers, or others who might be
visitors to work, training, or service sites.
To fulfill state policy expectations with regard to this provision, MWAs must:
• Develop and disseminate a discriminatory/sexual harassment policy statement
consistent with standards outlined at 3.1 of this guide;
• Train/sensitize administrative staff and the recipient network on issues related to
discriminatory/sexual harassment, gender discrimination, and workplace violence;
• Include information related to the topic in employee/participant orientation sessions
and in personnel handbooks or similar publications; and
• Thoroughly investigate, in a fair, balanced, and impartial manner any claims of
discriminatory harassment (except those excluded by policy standard 7.3) filed with
their agency.
DELEG is committed to stringent enforcement of this provision. MWAs that fail to take
prompt and decisive action upon becoming aware of activities constituting discriminatory
harassment within their administrative office or the local service delivery network may be
subject to sanctions as outlined in policy standard 9.2 of this guide.
2.3 Equal Employment Opportunity (EEO)
MWAs and their providers are prohibited from discriminating on prohibited bases in their
employment practices and in the terms, conditions, and privileges of employment. As
part of this obligation, recipients must ensure that job applicants receive fair
consideration for employment and that agency hiring decisions are based on valid,
objective, and uniformly applied selection criteria that are job-related and necessary to
perform the essential functions of the job.
EQUAL OPPORTUNITY POLICY GUIDE
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All recipients must maintain written human resource policies and procedures that
reiterate the agency’s EEO policy commitment and provide employees with information
regarding work rules, expected standards of conduct, wage and benefit compensation,
selection/promotion procedures, staff development and training, and the rights and
responsibilities of agency employees. MWA and recipient personnel policies must also
incorporate provisions that address issues such as reasonable/religious accommodations,
discriminatory/sexual harassment, and avenues available for discrimination complaint
processing through both internal and federal (Title VI) procedures.
2.4 Workforce Composition/Representative Boards, Planning, and Advisory Groups
MWA and provider agency staff composition and all boards, planning, and advisory
groups formed to carry out workforce initiatives, must be diverse and reasonably
represent the demographic composition and significant segments of the community in
which services are delivered. To demonstrate compliance with this requirement, MWAs
and their recipients must maintain and make available to the DELEG, upon request, the
Workforce Analysis Profile or a comparable data document that highlights agency
staffing patterns. The data report must be updated on a routine (biennial) basis, or more
frequently as necessary, to coincide with changes in MWA and provider staffing
configurations. Data regarding the demographic composition of all boards, planning, and
advisory groups must also be readily available.
2.5 Selection of Service Providers/Participation of Faith-Based and Community
Organizations
The selection of Service Center operators and other provider/training agencies is to be
made on a competitive, nondiscriminatory basis that takes into account the purpose/goals
of the program and includes an objective assessment of the provider’s ability to meet
established program design or training specifications. In soliciting providers, MWAs
must ensure that faith-based and community organizations are provided the opportunity
to apply and compete, on a nondiscriminatory/equal basis, with other eligible
organizations seeking to deliver programs, training, and services receiving federal and/or
state financial assistance.
2.6 Pre-Award Compliance Review Process
As part of the local solicitation process, MWAs must develop a process to ensure that
each grant applicant, if funded, or training provider, if declared eligible, is able to provide
programmatic and architectural accessibility to individuals with disabilities. MWAs must
also incorporate into service provider pre-award selection procedures, a specific inquiry
to determine whether any administrative actions or lawsuits alleging discrimination on
prohibited grounds have been filed against prospective providers during the two-year
period prior to their application for assistance. The fact that an entity affirmatively
EQUAL OPPORTUNITY POLICY GUIDE
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responds to this inquiry will not necessarily preclude its eligibility to serve as an eligible
provider. MWAs wishing to contract with such entities must consult with DELEG prior
to the execution of any agreement committing state or federal funds.
2.7 Assurance of Nondiscrimination in Contracts, Grant Agreements, and Applications
for Funding Assistance
All contracts (including TAA contracts and those establishing on-the-job training
positions), grants, cooperative agreements, memorandums of understanding, applications
for financial assistance or other funding arrangements must contain an assurance of
nondiscrimination in the provision of benefits, services and activities, in employment
practices and in all terms, conditions and privileges of employment. Contracts and other
funding instruments used for WIA must additionally ensure full compliance with Section
188 of the Act and include (or incorporate by reference) the assurance found at 29
CFR§37.20(a) (1) of the WIA EO regulations.
2.8 EO Covenant in Property Transfers
Instruments that effect or record the transfer of real property, structures, or improvements
on real property or structures used in conjunction with federally assisted activities must
include a covenant ensuring nondiscrimination.
2.9 Procurement Practices
The MWA’s commitment to EO must also be applied to purchasing decisions and other
agency procurement transactions. Recipients are to implement reasonable measures to
obtain written assurance of EO compliance from vendors/suppliers of their EO
compliance and must take affirmative steps to foster the participation of small, minority,
and female-owned businesses whenever they represent a potential procurement source.
Service providers must be required to take comparable steps and all recipients must
routinely assess the effectiveness of efforts in promoting increased procurement
opportunities for small, minority, and female-owned businesses in the acquisition of
goods and services.
2.10 Prohibition Against the Use of Direct Federal Assistance for Religious Activities and
Rights of Faith-Based Providers
All agencies/entities, including faith-based organizations that receive federal funding, are
prohibited from using “direct” federal financial assistance to support inherently religious
(i.e., religious instruction, worship, and proselytization) activities. Faith-based providers
must offer its inherently religious activities at a time or place that is separate from its
programs that receive direct federal support. All participants enrolled in or seeking
EQUAL OPPORTUNITY POLICY GUIDE
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services provided by a religiously affiliated or faith-based provider, must be informed
that participation in inherently religious activities is voluntary and that their choice
whether or not to participate will not affect the quality of services they receive.
In administering programs, faith-based providers retain their independence from federal,
state, and local governments and may continue to carry out their missions and maintain
their religious character. This autonomy includes the right to:
• Use the organization’s facilities without removing or altering religious art, icons, or
other religious symbols;
• Select board members and govern on a religious basis;
• Utilize federal exemptions under Title VII of the Civil Rights Act, to hire
employees on a religious basis, except where the federal statute (i.e.,WIA Section
188) prohibits such action; and
• Freely express their religious views.
MWAs and their recipients are urged to review the regulations and other guidance issued
by federal funding agencies for additional clarification regarding these provisions.
2.11 Use of Indirect Federal Financial Assistance for Religious Training and
Employment
MWAs and their recipients may use federal financial assistance to support training and
employment in religious activities in those cases where federal support is “indirect” and
provided to customers who are:
• Given a genuine and independent private choice among training providers and
program options; and
• Freely elects, from such options, to receive training in religious activities.
Such choice must be offered to customers by means of a voucher, coupon, credit card,
certificate, or similar mechanism that permits individuals to choose among a variety of
providers or program options. Individual Training Accounts and Personal
Reemployment Accounts generally satisfy the indirect support requirement and other
workforce activities may, based on program design structure, also qualify. Caution
should be taken in extending application of this provision to other workforce initiatives
without definitive guidance from state or federal officials.
EQUAL OPPORTUNITY POLICY GUIDE
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2.12 EO Management Plan/Publication of Local Policies and Procedures
MWAs must develop a management plan that documents the manner in which the LWIA
carries out each element of its EO responsibilities. As part of this plan, MWAs must
adopt and disseminate written EO policy directives to Service Centers, the local recipient
network and agency staff that outline federal/state EO compliance requirements and the
MWA’s operational procedures and service protocols. In meeting this requirement,
MWAs may at their option, elect to prepare a written Methods of Administration (MOA)
that comprehensively addresses the agency’s EO systems and practices. If this option is
not selected, the MWA’s EO Officer/other management officials must be able to
articulate, in a definitive manner, the established systems, policies, and procedures relied
on by the LWIA in assuring agency compliance with federal and state nondiscrimination
and EO requirements.
2.13 EO Training
MWAs have an obligation to ensure that all agency staff, personnel of local Service
Centers, and other providers/partners within its recipient network are provided EO
training that at a minimum includes:
• A basic orientation to the nondiscrimination and EO provisions of Title VI of Civil
Rights Act of 1964 and Section 188 of WIA;
• An overview of Section 504 of the Rehabilitation Act of 1973 and other federal
disability (Americans w+ith Disabilities Act [ADA]) requirements; and • A component highlighting the prohibitions against discriminatory/sexual
harassment, gender discrimination and workplace violence.
Additional training on specific facets of the agency’s EO management program and
service protocols must be provided, as appropriate, to those staff whose positions bring
them in contact with customers with special needs, or who are responsible for
administering the agency’s EEO/human resource functions.
MWAs have considerable latitude in structuring their EO training strategy and may rely
on a variety of delivery formats encompassing both formal and informal training in
meeting this requirement. Evidence which documents EO and diversity-related training
and access to resources/tools necessary to carry out EO responsibilities must be retained
on file for review during the compliance review process.
EQUAL OPPORTUNITY POLICY GUIDE
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2.14 Monitoring and Evaluation
MWAs must periodically monitor and document internal EO compliance and the
performance of providers in meeting EO obligations. The MWAs’ monitoring process
must, at a minimum, include:
• A review of policy issuances to ensure that they are nondiscriminatory; • A system for reviewing contracts, assurances, and similar funding agreements to
ensure that they are nondiscriminatory and contain required EO provisions;
• An assessment to determine whether recipients have fulfilled administrative
obligations and DELEG policies and procedures; • A review of the effectiveness of their language assistance plan;
• Procedures for assessing compliance with Section 504 of the Rehabilitation Act; • A statistical or other quantifiable analysis of performance data to determine whether
any differences based on race/ethnicity, sex, age, and disability status have practical
or statistical significance; and
• Periodic reports chronicling the MWAs’/service providers’ efforts to maintain a
representative workforce.
MWAs must issue written reports of monitoring findings and maintain records of all EO
compliance assessment activities. MWAs must also develop internal mechanisms for
initiating prompt and appropriate corrective action in response to findings of EO
noncompliance and must establish local procedures for applying sanctions in the event
compliance cannot be secured through voluntary means.
2.15 Notification of Administrative Enforcement/Lawsuits
MWAs must promptly notify DELEG of any administrative enforcement actions or
lawsuits alleging discrimination on prohibited grounds filed against it and/or any of its
recipients/provider agencies while administering local workforce programs. If the
pending litigation or enforcement action is filed against a program receiving federal
financial assistance from the USDOL, a copy of the notice must simultaneously be filed
with the Director of the Civil Rights Center. The notice must include:
• The names of the parties to the action or lawsuit,
• The forum in which each case was filed, and
• The relevant case numbers.
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Provisions requiring service providers to comply with these notification requirements
must be incorporated into MWA policies and procedures.
2.16 Prohibition Against Discriminatory Job Orders
MWAs must ensure that job orders posted by agency staff on the Michigan Talent Bank
do not contain any discriminatory specifications, unless such specifications are being
applied in compliance with an affirmative action court order or represent a bona fide
occupational qualification (BFOQ). MWAs are urged to adhere to operational
procedures outlined in the Employment Service Manual and to follow other applicable
guidelines related to the servicing of Affirmative Action Job Orders and the approval of a
BFOQ to ensure compliance with state requirements.
2.17 Statement of Liability for EO Noncompliance
Federal regulations hold the Governor responsible for ensuring compliance with EO
requirements and negotiating, where appropriate, with a recipient to secure voluntary
compliance when noncompliance is found. The state’s MOA establishes a
complementary standard, holding the MWA/grant recipient accountable for actions taken,
directly or indirectly, through its service provider network. As such, the state will direct
all findings of EO noncompliance and other adverse determinations to the MWA/grant
recipient and will rely on the MWA/grant recipient to take a leadership role in negotiating
voluntary compliance arrangements and implementing corrective action to resolve
technical violations and findings of discrimination that occur below the administrative
agency level. There are no provisions that will not allow affected Service Centers,
provider agencies, or other entities under contract with the LWIA to contest findings
issued by the DELEG to the MWA/grant recipient through an independent action or
appeal to the department. MWAs must develop pre-established procedures to afford
recipient agencies due process and a means to respond to findings of discrimination or
other adverse determinations made by the state, in response to a discrimination complaint
or special investigation.
PURPOSE: To highlight recipient responsibility to issue notices of nondiscrimination and to
clarify the information that must be disseminated, posted, and included on publications,
electronic communication networks, and other materials distributed to the general public.
3.0 POLICY: MWAs and their recipients must provide initial and continuing notice that
they do not discriminate on any prohibited ground and that agency programs, services,
and activities operate in full compliance with the nondiscrimination and EO provisions of
applicable laws.
3.1 Adoption and Publication of EO Policy Statements MWAs, as part of the process of providing initial and continuing notice of EO
compliance, must adopt and publish:
• A general nondiscrimination policy statement expressing commitment to the
principles of EO and the prohibition against discrimination on any prohibited
ground in both the provision of services and in access to employment, and
• A discriminatory harassment policy statement that conveys zero tolerance for
discriminatory and sexual harassment within both the administrative organization
and within agencies with whom the MWA contracts for the delivery of workforce
and related training and services.
The discriminatory/sexual harassment policy must clearly define those actions/behaviors
that constitute harassing conduct within the work and training environment; express a
commitment to take quick and decisive measures in response to such complaints; and to
protect from retaliation any individual who reports harassing conduct or otherwise
participates in an investigation or review of such charges.
All policy statements must be signed by the MWA’s highest-level administrative official
and/or be adopted by action of the local Workforce Development Board. The MWA’s
Service Centers and other recipients must be required to adopt and disseminate
comparable nondiscrimination and discriminatory harassment policy provisions.
While not required by state policy, MWAs with significant populations of diverse
religious groups that are likely to participate in agency programs are encouraged to adopt
policy statements and written guidelines on religious accommodations. Other EO-related
policy statements, Codes of Conduct, and similar procedural guidelines, as deemed
locally appropriate, should also be incorporated into the MWA’s EO management plan.
PART III NOTICE AND COMMUNICATIONS
EQUAL OPPORTUNITY POLICY GUIDE
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3.2 Notice Requirements for Customers, Consumers, and Workforce Partners
All individuals, partners, and entities seeking to access programs administered through
the state’s workforce investment system must be provided written notice that highlights
the grounds on which discrimination is prohibited; summarizes the process for filing a
complaint; and lists the name of the person(s) designated by the recipient to receive
complaints and/or complaint-related inquiries. Such notice must be disseminated to:
• All registrants, applicants, and eligible applicants/registrants;
• Participants;
• Employees and applicants for employment;
• Service Centers, provider agencies, vendors, and other entities that receive or
submit an application to receive state or federal contract or grant funding;
• Unions and professional organizations holding collective bargaining and/or
professional agreements; and
• Members of the general public, including individuals with impaired vision and
hearing.
For programs funded under Title I of WIA, the notice must contain the exact wording
specified by USDOL at 29 CFR§37.30. Recipients may use downloadable versions of
the WIA notice format to customize the document for local use and are encouraged to
utilize multi-media tools produced by DELEG to communicate the USDOL notice to
individuals with disabilities and customers who may be limited English proficient. For
other state/federal initiatives, recipients are to develop a general notice that contains
required compliance elements and is, to the extent practicable, specific to the bases on
which the funding agency prohibits discrimination.
3.3 Documentation of Participant Receipt of the Notice
The program files of individuals who are enrolled as participants in workforce initiatives
must include verification of receipt of the EO notice. Recipients may comply with this
provision by including in each participant file:
• A signed copy of the full text of the notice; or
• An agency designed acknowledgment form, signed by the participant, confirming
receipt of the notice.
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In cases where the notice is disseminated in an alternative format to meet the needs of
participants with visual impairments, recipients must develop a means by which to
document that notice was provided in an alternative format. Such documentation must be
maintained in the participant file.
3.4 Notice Requirements for Public Presentations and Orientation Sessions
Orientation sessions held for program participants, new employees, and others must
include a discussion of the universal access features of the state’s workforce investment
system and the recipient’s commitment to EO in all aspects of service delivery. Such
sessions must additionally reference rights extended under the EO and nondiscrimination
provisions of programs, including the right to file a complaint of discrimination at the
MWA, state, and/or federal level.
3.5 Required State and Federal EO Posters
All recipients must post the “Michigan Law Prohibits Discrimination” poster issued by
the Michigan Department of Civil Rights and must comply with the posting requirements
of each of the federal agencies granting workforce funding to their agency by displaying
as appropriate the:
• “Equal Opportunity is the Law” poster produced by DELEG to meet regulatory
requirements imposed by USDOL,
• “And Justice for All” poster required by the USDA, and
• “Equal Employment Opportunity is the Law” poster published by the EEOC or a
locally developed notice to meet the posting requirement established by HHS.
Recipients of funding from USDOL are also strongly encouraged to post the
supplemental notice “Discrimination is Against the Law” disseminated by the Civil
Rights Center to ensure that individuals are fully informed of their right to file
discrimination complaints under WIA.
3.6 Posting Requirements
All required posters must be:
• Displayed prominently and in reasonable numbers in administrative offices and all
agencies where training and/or services are provided;
• Hung in areas where employee notices are regularly posted; and
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• Posted in languages other than English, where significant portions of the eligible
population need information in alternative language formats.
Required posters must be displayed in regulation size (13x17½) in all public-viewing
areas. For administrative offices and employee bulletin boards, the standard size
(8½x11) version of the notice may be utilized. To meet the USDOL posting
requirements, DELEG has published the state’s version of the “Equal Opportunity is the
Law” poster in Arabic, Chinese, English, Hmong, Russian, Serbo-Croatian, Spanish, and
Vietnamese.
3.7 Other Required Methods of Notice Dissemination
In addition to displaying the posters, MWAs and their service providers must assure that
a general statement of nondiscrimination is:
• Disseminated in internal memoranda and other written communications;
• Included in handbooks and manuals;
• Included on all recruitment brochures, media messages, and other materials
distributed to the public to describe agency programs, activities, and/or participation
requirements;
• Posted on internet sites and other electronic communication networks; and
• Referenced on all employment notices, application forms, and related pre-
employment documents.
Where space permits, it is recommended that recipients use an appropriate full statement
of EO compliance and are encouraged to use language from their agency mission or
official EO policy statement in complying with this requirement.
3.8 Notice Requirements for Public Documents, Publications, and Media Messages
Where space is limited on program promotion and other selected agency publications, the
notice requirement may be met through the use of EO taglines stating that the agency is
an:
• “Equal opportunity employer/program,” and that • “Auxiliary aids and services are available upon request to individuals with
disabilities.”
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Documents that must carry an EO notice or the tagline(s), as appropriate, include, but are
not limited to:
• Agency Letterhead,
• Request for Proposals,
• Brochures and Pamphlets,
• Meeting Notices,
• Customer Program Application Forms,
• Employment Application Forms,
• Participant/Employee Recruitment Materials,
• Locally Developed Training Materials,
• PowerPoint Presentations Used for Public Presentations,
• Public Service Announcements/Advertising/Press Releases/Media
Messages/Broadcasts, and
• Other routine agency communications ordinarily released to the general public.
Where publications, program promotion materials, or other routine documents lists a
telephone number where the recipient may be contacted for information regarding agency
programs and services, the recipient must also provide a TTY or the Michigan Relay
Center toll-free (1-800-659-3777) or 711 number.
3.9 Notice Requirements for Internet and Electronic Communications
For internet and other electronic communication sites, recipients have the option of using
either the EO taglines or a customized statement that complies with the intent of the
regulation. It is recommended that such notice be placed on a page or web link where
general information regarding agency services is posted or where agency contact
information is provided.
3.10 People First Language
All policies, publications, and other forms of both written and spoken communications,
used in conjunction with programs and services offered through the state’s workforce
investment system, must use “people first” language that is inclusive and respectful of the
disability community. Use of the term “handicapped” is unacceptable and may not be
used.
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3.11 Publication Standards for Photographs and Visual Illustrations
MWAs and their recipients must ensure that publications, which include photographs and
other visual illustrations, portray positive images of women, minorities, and individuals
with disabilities engaged in a variety of workplace and skill training capacities.
Recipients must also ensure that nothing suggests by text or illustration that the recipient
treats any employee, applicant for employment, beneficiary, applicant or participant
differently on any prohibited ground.
PURPOSE: To disseminate state standards for ensuring universal access, effective outreach
efforts, and promoting inclusion practices within the state’s workforce investment system.
4.0 POLICY: MWAs and their recipients must provide universal access to local programs,
implement practices to ensure effective outreach, honor diversity and inclusion, and take
reasonable measures to ensure meaningful access to programs and services by individuals
with limited English proficiency.
UNIVERSAL ACCESS SERVICE REQUIREMENTS
4.1 State Standards for Diversity, Inclusion and Universal Access
The State of Michigan recognizes the value of diversity and is committed to developing a
statewide culture that continuously promotes access, equity, and respect for the differing
customs, abilities, and beliefs of people who seek workforce services. All partners in the
statewide delivery network are expected to create service environments that are
welcoming and responsive to the cultural values of the communities we serve. MWAs
and their recipients, as part of the obligation to provide universal access, must ensure that
members of both sexes, the various racial, ethnic, age groups, and individuals with
disabilities are made aware of, and encouraged to participate in, agency sponsored
programs and activities.
In administering workforce initiatives, recipients are further encouraged to:
• Embrace the overall philosophy and implement, as locally deemed appropriate, the
recommendations and best practices for ensuring a universally accessible service
system outlined in the Michigan One-Stop Inclusion Workgroup Final Report;
• Incorporate into all local programs, plans, policies, and practices language that is
reflective of our shared vision for inclusiveness; and
• Host or participate in special observances designed to enhance cultural awareness
and celebrate the workforce contributions and achievements of protected and ethnic
group communities.
4.2 Respect for Religious Beliefs
MWAs and their recipients must ensure that all prospective/active program participants
and agency employees are not treated differently because of their religion, religious
beliefs or lack thereof, and must:
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• Permit individuals to freely express their views and exercise their right to religious
freedom; and • Provide reasonable accommodations for religious practices or beliefs, unless to do
so would result in undue hardship.
The reasonableness of a religious accommodations request is to be determined on a case-
by-case basis, taking into consideration the particular circumstances involved.
4.3 Development of an Outreach and Recruitment Plan
To ensure that proactive measures are being taken to reach out to all eligible population
groups, MWAs are required to develop and maintain an outreach and recruitment
(marketing) plan. The plan must:
• Describe and provide a timetable for activities (such as letter campaigns,
community presentations, job fairs, speaking engagements, public service
announcements, billboards, etc.) that will be initiated to ensure that all substantial
segments of the population are reached with information concerning WIA and other
workforce services;
• Identify all media outlets and any minority, female, aging, disability, community or
faith-based publications, newspapers, radio broadcasts, and/or television programs
that will be used to advertise programs and services;
• List agency memberships or associations with organizations serving minority,
female, aging, disability, community/faith-based, or other target group populations;
and
• Provide the names and addresses of community/faith-based organizations and other
agencies/entities serving minority, female, aging, youth, and disability populations,
which the MWA maintains referral linkages, shares information, periodically
solicits input from, and/or includes on mailing lists to receive Request for Proposals
and related program recruitment, marketing, and informational materials.
The outreach/recruitment plan must be updated on a periodic basis and efforts must be
taken to assess the effectiveness of the strategy in meeting protected group program
participation goals and other program planning/marketing objectives.
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SERVICE PROVISION TO CUSTOMERS WITH
LIMITED ENGLISH PROFICIENCY
4.4 State Standards for LEP Service Provision
As part of the continuing obligation to provide universal access, MWAs, their Service
Centers, and other recipients must provide language assistance services and implement
reasonable measures to ensure meaningful access to programs and activities by
individuals with limited English proficiency (LEP). To achieve this standard, MWAs and
their recipients must ensure that customers, who have limited ability to read, write, speak
or understand English, are:
• Able to receive adequate information about programs and services;
• Understand the benefits of the programs and services available;
• Receive the benefits of programs and services for which they are eligible, at no
charge; and
• Effectively communicate the relevant circumstances of their situation to the MWA
and/or provider agency.
Failure to ensure that LEP persons are provided effective means to participate in and
benefit from federally assisted programs and activities may violate the Title VI
prohibition against national origin discrimination.
4.5 Assessment of Language Assistance Needs
MWAs must make a thorough assessment of the language assistance needs of the LEP
population within their service area by conducting an analysis that balances the following
four factors:
• The number or proportion of LEP individuals/groups eligible to participate or likely
to be directly affected by MWA/recipient programs or activities;
• The frequency with which LEP individuals/groups come in contact with
MWA/recipient programs, activities, and services;
• The nature and importance of the MWA/recipient programs, activities and services;
and
• The resources available to the MWA/recipient and the estimated costs required to
provide LEP access.
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In completing the four-factor analysis, MWAs are encouraged to utilize resources
prepared by the USDOL/other federal agencies and are to rely on state/local data sources
and other readily available agency self-assessment/compliance assistance tools.
Consultation and networking with community-based organizations and other entities
within their service area that are familiar with the language needs of local LEP
populations is strongly recommended.
4.6 Written Policy on Language Access and Assistance
Based on results identified in the four-factor analysis, MWAs and/or their recipients must
develop a written language assistance plan that describes the protocols and procedures
that will be implemented to ensure program access by LEP customers. At a minimum,
the language assistance plan must:
• Articulate an organizational/policy commitment to the provision of meaningful
access and equitable service provision to LEP individuals;
• Outline, in summary fashion, demographic information identified in the four-factor
analysis relative to the LEP language groups likely to be encountered in delivering
area programs, services and activities; • Describe the range/mix of language assistance services available and the methods to
be relied on in providing oral interpretation services (i.e., bilingual staff, staff
interpreters, contract interpreters, community volunteers, telephonic interpreter
services); the manner in which the recipient will respond to in-person LEP contact,
LEP callers, written correspondence from LEP customers, and the internal
mechanisms to be relied on in guiding staff in the selection of the appropriate
type(s) of interpreter/language assistance services required to meet LEP customer
needs within a reasonable standard of promptness;
• Describe the plan developed to provide vital documents and other written materials
in regularly encountered non-English languages;
• Outline the methods that will be used to proactively notify LEP persons, in their
primary language, of their right to receive language assistance services, free of
charge, and the means by which the general public will be made aware of the
availability of both oral and written translation services;
• Identify the training plan developed to ensure that staff, at all levels within the
service network, is aware of the state’s LEP service standards and the Title VI
prohibition against national origin discrimination. The training plan must
additionally outline the advanced/specialized training to be provided to
managerial/front-line staff, community agencies, and other resource providers who
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will be responsible for implementing the agency’s LEP service strategy or
performing oral interpretation and written translation services; and
• Describe the assessment/monitoring process that will be implemented to annually
review and implement continuous improvement elements into the local LEP service
strategy.
In designing the language assistance plan, MWAs and their recipients have considerable
latitude in choosing the specific language assistance measures that will be incorporated.
Relevant components of the plan, however, must be in compliance with state policy
requirements referenced in this section and are to be consistent with guidance issued by
federal civil rights enforcement agencies regarding the preparation of such plans.
Recipients may, at their option, incorporate measures implemented to meet the needs of
individuals with visual, hearing, and speech impairments, as required by 5.6 and 5.7 of
this guide, into the local language assistance strategy.
4.7 Standards for Oral Translation Services
MWAs and their recipients must ensure that oral interpretation services are readily
available, during all hours of agency operations, and that only trained and qualified
interpreters are used to provide such services. The requirement to be “qualified”
encompasses more than the interpreter’s self-identification as a bilingual speaker. To be
qualified, the interpreter must have:
• Demonstrated ability to accurately convey information in English and the target
language;
• Fundamental knowledge, in both languages, of any specialized terms or concepts
particular to the provision of program services and activities provided by the
agency;
• Orientation and training on the skills and ethics of interpretation (i.e., issues of
confidentiality); and
• Knowledge of, and sensitivity to, the culture of the LEP population(s) for which
translation services are provided.
MWAs and their recipients must include in their language assistance plans a discussion
of the means by which the agency assesses and/or documents the competency status of
staff and other persons used to provide oral translation services.
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4.8 Use of Community Volunteers for Oral Translation Provision
MWAs electing to incorporate the use of community volunteers into their language
assistance strategy must ensure that formal arrangements are made; that volunteers are
qualified (as defined in 4.7 of this guide) and understand their role and obligations to
maintain impartiality and customer confidentiality.
4.9 Use of Family/Friends and Minor Children as Interpreters
MWAs and their recipients are prohibited from requiring, suggesting or otherwise
encouraging LEP persons to use family members or friends to aid in facilitating
communications with agency or provider staff. MWAs and their recipients may,
however, include in their local service strategy provisions that would allow an LEP
person who voluntarily chooses to provide his or her own interpreter to do so if:
• The MWA, Service Center, or provider agency has informed the LEP person of
their right to free interpreter services;
• The LEP person declines such services and specifically requests the use of an adult
family member or friend; and
• The MWA, Service Center, or provider agency determines that use of the requested
interpreter will not compromise the effectiveness of the services provided or violate
the LEP person’s confidentiality.
When using a family member or friend, the MWA and/or their providers must document
the offer of free interpreter services and the LEP person’s decision to decline the offer in
the customer’s file. Local guidelines regarding this process must be detailed in the
language assistance plan or agency internal procedures. Under no circumstances are
minor children to be used to provide oral translation services.
4.10 Use of State Employees as Interpreters
In developing LEP policies, MWAs are reminded that DELEG Agricultural Employment
Specialists and other bilingual state employees stationed at Service Centers and other
facilities that provide public workforce services, are prohibited by state policy from
serving as a primary resource for the provision of language assistance services. State
employees may, however, assist recipient agencies on a limited basis in responding to
initial customer service needs when agency bilingual staff is unavailable and/or in
emergency situations that require immediate intervention and language assistance
support.
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4.11 Guidelines for Written Translations/Safe Harbor Provisions
MWAs and their recipients must ensure that essential program materials or vital
documents (as defined in policy standard 4.12) are translated into each regularly
encountered language spoken by groups eligible to be served or likely to be directly
affected by the MWA’s programs or activities. In complying with this standard, MWAs
and their recipients should, as applicable, rely on the general guidelines or safe harbor
provisions established in federal LEP guidance. The safe harbor provisions suggest that
recipients:
• Provide written translations of vital documents for each eligible LEP language
group that constitutes 5 percent or 1000 persons (whichever is less) of the
population of persons eligible to be served or likely to be directly or significantly
affected by the provider’s program or activity; and • Issue written notice of the right to receive competent oral interpretation of written
materials, free of charge, in the primary language of affected LEP groups, when the
language group reaches the 5 percent trigger, but constitutes fewer than 50 persons.
The safe harbor provisions apply to the translation of written documents only. They do
not affect the requirement to provide meaningful access to LEP persons through
competent oral interpreters where oral language services are needed to facilitate
communications.
4.12 Vital Documents
A document will be considered vital if it contains information that is critical for obtaining
federally assisted services and/or benefits, or if it is required by law. Such documents
may include, but are limited to:
• Applications to participate in a recipient’s program/activity or to receive recipient
benefits or services;
• Consent and complaint forms;
• Notices of rights;
• Lists or resources identifying partners at a One-Stop Service Center/other provider
agencies and the nature of workforce services offered;
• Letters or notices that require a response from a beneficiary or client;
• Letters concerning important information regarding participation in a program or
activity;
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• Notices pertaining to the reduction, denial or termination of services;
• Information on the right to file a complaint of discrimination;
• Information on the provision of services to individuals with disabilities;
• Written tests that do not assess English language competency, but rather
competency for a particular skill, job, or license for which English competency is
not required;
• Notices advising LEP persons of the availability of free language assistance; and
• Program outreach and marketing materials.
To ensure compliance with state LEP service standards, recipient agencies should
periodically assess the nature of the documents it routinely produces to determine which
materials are vital to the meaningful access and participation of the LEP populations they
serve.
4.13 LEP Accessibility to Website Information
LEP access requirements also apply to materials posted on MWA and provider websites.
Entire websites need not be translated; however, recipients must ensure that if an English
language version of vital information or a vital document is posted, that the same
information is available in appropriate languages other than English. If a website
includes translated documents, the Home Page must direct users to the location of such
information.
4.14 Staff Training
MWAs must implement measures to ensure that its administrative staff and agencies,
within its recipient network, have an awareness of, and have been provided information
about, federal language access requirements. Local training must include:
• A strategy for ensuring that staff, at all levels, have been informed of the Title VI
prohibition against national origin discrimination and the state’s customer service
standards for ensuring meaningful access to LEP populations;
• A plan for management personnel and all staff having direct public/customer
contact to obtain thorough knowledge of the LEP service plan and
interpreter/translator resources for both commonly and rarely encountered
languages; and
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• A system for ensuring that staff and others involved in the provision of oral
interpretation/written translation services meet established competency standards
and are appropriately trained in the skills and ethics of interpretation and culturally
appropriate service delivery.
The manner in which training is provided to MWA and provider staff is at the
MWA/recipient’s discretion. The agency must, however, be prepared to justify, based on
outcomes identified in the four-factor analysis, that the scope and content of their training
strategy is appropriate in meeting local needs.
4.15 Monitoring of the Local Language Assistance Plan
MWAs and their providers must conduct an assessment of the effectiveness of their
language assistance plan on an annual basis to ensure that LEP persons continue to have
meaningful access to programs and activities. The annual assessment must:
• Review any changes in LEP demographics in the service area,
• Determine if the scope and nature of existing language assistance services is
meeting the communication/service needs of the LEP population, and
• Determine if staff is knowledgeable about policies and procedures and how to
implement them.
Recipients with significant LEP populations are encouraged to include in their
monitoring approach, mechanisms for obtaining customer feedback, and staff
assessments on the progress/issues encountered in LEP service provision. A means to
solicit, on an on-going basis, input from advocacy and community-based organizations
that serve LEP communities is also recommended.
4.16 Notification Requirements
MWAs and their recipients must provide public notification of its language access policy
and must be prepared to disseminate the local language assistance plan in languages other
than English. To assist the state’s service network in providing a general notice of free
language assistance services, DELEG has published the multilingual “We Speak Your
Language/Notice of Interpreter Services.” Recipients must post the state’s notice and
display/disseminate other locally developed signage or materials developed to meet
public notification requirements.
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4.17 State Practices for Assessing Recipient Compliance with LEP Requirements
The nature and scope of language assistance services an MWA or provider agency offers
will depend on a variety of local factors. In assessing MWA and recipient compliance
with the state’s LEP service standard, DELEG will review local documentation to
determine whether the recipient has incorporated into its language assistance plan
reasonable measures for achieving equal and meaningful access by LEP groups based on
projected needs and the level of resources identified in the four-factor analysis. In
completing this assessment, DELEG acknowledges that, in some cases, full
implementation of the local language assistance plan will be achieved over time.
Recipient’s good faith efforts toward compliance will be a major component of the
department’s initial compliance measurement efforts.
MWAs and their recipients are encouraged to review the full text of the LEP guidance
issued by the USDOL and other federal agencies granting funding to their agencies and
are urged to review resources available on LEP.gov for possible replication and use in
designing and implementing continuous improvement elements to their local LEP service
plans.
PURPOSE: To highlight provisions which prohibit exclusion and protect qualified individuals
with disabilities from discrimination in the provision of services, program activities, and in
access to facilities and employment opportunities.
5.0 POLICY: MWAs, their Service Centers, and other recipients must operate workforce
initiatives in a manner that is both programmatically and architecturally accessible to
individuals with disabilities. To fulfill this obligation, recipients must be able to
demonstrate how, when viewed in their entirety, agency programs, services, and activities
are readily accessible to and useable by individuals with disabilities.
GENERAL DISABILITY PROGRAM ACCESSIBILITY STANDARDS
5.1 Prohibition Against Disability Discrimination
Recipients are prohibited from discriminating on the basis of disability in the delivery of
any aids, benefits or services offered by their agency, in their employment practices and
in the registration for core, intensive, training, and support services provided under WIA.
In operating programs, recipients may not deny a qualified individual with a disability the
opportunity to participate or impose eligibility criteria that screen or tends to screen out
individuals with disabilities. Recipients must also adhere to the prohibitions against
discrimination on the basis of disability referenced in federal regulations.
5.2 Most Integrated Setting
MWAs, their Service Centers, and provider agencies must administer programs in
integrated settings which, from a workforce development perspective, means that
recipients must not only provide access, but must operate training and related services in
environments that maximize inclusiveness and enable individuals with disabilities to
interact with people who are not disabled. LWIA programs must have the capacity to
serve individuals across the full spectrum of physical, mental, cognitive, and sensory
disabilities. Automatic referral of individuals with disabilities to Michigan Rehabilitation
Services, the Commission for the Blind, or to other disability-specific training programs
or agencies is prohibited. Further, recipients must not require as a service strategy, that
customers with disabilities be dually enrolled in federally assisted or local programs that
provide specialized services to persons with disabilities. Such dual enrollment can only
occur in those cases where the individual with a disability voluntarily elects or agrees to
participate in such joint initiatives or funding arrangements.
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ARCHITECTURAL ACCESSIBILITY REQUIREMENTS
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5.3 Separate Programs
Separate programs for individuals with disabilities are permitted, where necessary, to
ensure that the training, benefits, and services provided to qualified individuals with
disabilities are as effective as those provided to others. Separate programs cannot be
used to restrict the participation of persons with disabilities in general integrated
programs and individuals with disabilities must retain the right to participate in other
available training if they elect to, and meet the selection criteria established for program
entry. Where separate programs are offered, MWAs must maintain written
documentation outlining the rationale utilized for establishing each separate program,
activity, or service.
5.4 Reasonable Accommodations
MWAs and their recipients must make “reasonable accommodations” to the known
physical or mental limitations of otherwise qualified individuals with disabilities, unless
the recipient can show that the requested accommodation would impose an undue
hardship. In meeting this obligation, MWAs must adopt and publish written procedures
describing the process participants, employees, applicants for employment, and the
general public is to use to request accommodations in accessing agency programs and
services. Local procedures must reference the provision of the full range of
accommodation measures listed in federal regulations. Such measures include:
• Restructuring job or training programs,
• Developing modified work or training schedules,
• Altering assessment/testing techniques which prevent the fair evaluation of skills,
• Providing auxiliary aids and services,
• Acquiring or modifying equipment or devices, and
• Making necessary alterations to the work or training site to ensure that facilities are
accessible to individuals with disabilities.
Local procedures must additionally reference the recipient’s willingness to make
reasonable modifications to agency policies, practices, and procedures when requested,
unless the recipient can demonstrate that such modifications would result in a
fundamental alteration in the nature of their program activity or service. MWAs and their
recipients are also required to disseminate both public and internal agency notice of the
local accommodations process and must maintain, as readily available materials, any
forms or instructions that are to be used to initiate an accommodations request.
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5.5 Standards for Determinations of Undue Hardship/Fundamental Alteration
All determinations as to whether a requested accommodation would result in undue
hardship or in fundamental alteration in the nature of a program, activity, or service must
be made by the MWA’s highest level official or his/her designee.
Factors that must be considered in making such determinations include:
• The type of accommodation requested,
• The net cost of the accommodation,
• The overall size of the agency,
• The overall financial resources the agency has available and the individual facility
or facilities that would be involved in the accommodation, and
• The effect that providing the accommodation would have on the agency’s or
facility’s ability to serve other customers and the agency’s or facility’s ability to
carry out its mission.
If undue hardship is determined, the MWA must prepare a written statement of the
reasons for reaching that conclusion. A copy of the written determination must be
provided to the individual requesting the accommodation. MWAs are advised that the
determination that a requested accommodation would result in an undue hardship does
not relieve the MWA from the duty to furnish an alternative accommodation or service, if
available, that would not result in an undue hardship.
5.6 Communications Access/Provision of Auxiliary Aids and Services
MWAs, their Service Centers, and provider agencies must take appropriate steps to
ensure that communications with individuals with disabilities are as effective as
communications with others. In meeting this obligation, recipients are required to make
auxiliary aids and services available, where necessary, to assist individuals with visual,
hearing, or speech impairments in accessing all phases of program delivery. When an
auxiliary aid or service is required, the recipient must give the person with the disability
the opportunity to request the auxiliary aids or services of his/her choice and must give
that choice primary consideration in processing the request.
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5.7 Qualified Interpreter Services
MWAs and their recipients are required to establish specific arrangements to ensure that
an accommodations request for qualified interpreter services can be made in a timely
fashion. Appropriate arrangements include contractual or letter agreements,
memorandums of understanding, resource listing, or other means that guarantee service
provision within a reasonable standard of promptness.
Written agreements must specifically address the terms and conditions under which the
interpreter is available. Resource listing, if utilized, must specify the order in which
interpreters are to be called and must reference the understanding the recipient has with
each listed provider regarding the terms of their service provision.
5.8 Telecommunication Devices
MWAs and their recipients must have access to a TTY, or another equally effective
telecommunications device, to facilitate communications between their agencies and
individuals with hearing or speech impairments. Use of the Michigan Relay Service toll-
free 1-800-659-3777 or 711-access number represents a functionally equivalent means of
communications and would satisfy this requirement.
5.9 Assistive Devices
Service Centers and other providers are encouraged to equip their facilities with assistive
technology devices and other products to aid in enhancing access to program resources
and services by customers with disabilities. State standards requiring acquisition of a
specific set of technology devices have not yet been adopted; however, Service Centers
and other providers are encouraged to rely on recommendations generated by the Institute
for Community Inclusion in determining the types of assistive devices that can be
acquired to facilitate effective communications and maintain a universally accessible and
welcoming service environment.
5.10 Technology Accessibility
The obligation to provide effective communications also extend to information
technology/computer related applications. Recipients must ensure that agency web
pages, software, Internet sites, and other technology information systems are accessible.
MWAs and their recipients, as part of the self-evaluation of program accessibility, must
conduct a review of their technology applications/network services and take action as
appropriate to ensure that such systems are accessible to users with disabilities.
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EMPLOYMENT AND TRAINING DISABILITY-RELATED PRACTICES
5.11 Maintenance of Nondiscriminatory Employment Practices
As employers, MWAs and their recipients are prohibited from discriminating in their
employment practices or in the terms, conditions, and privileges of employment.
MWA/provider personnel and labor relations policies and procedures must reflect
adoption of employment practices consistent with the ADA and the nondiscrimination
provisions of applicable state and federal laws.
5.12 Review of Job Qualifications
MWAs and their recipients must periodically review the appropriateness of all job
qualifications. The review is to ensure that job qualifications are related to job
performance and are consistent with business necessity and safe performance. The
recipient has the burden to demonstrate that it has complied with this requirement.
5.13 Disability Inquiries in the Provision of Workforce Services
Within the context of providing services, MWAs and their recipients may make limited
inquiries as to whether or not an individual has a disability. Such inquiries generally are
to be made (in writing) for data collection purposes and may be directly solicited to
determine eligibility for special programs/funding or to ensure that accommodations
necessary to access program services are provided. MWAs and their recipients are to
follow guidelines issued by federal agencies in complying with this requirement and must
develop internal protocols and instructions for use by staff that routinely interact with or
interview applicants seeking services.
5.14 Disability Inquiries During the Pre-Employment Selection/Hiring Process
It is illegal for MWAs and their recipients to ask whether a job applicant has a disability
or make inquiries that might elicit a disclosure about a disability during agency
employment selection processes or when performing pre-employment screening and
related job interview functions on behalf of local employers. In cases where disability-
related information is voluntarily provided, recipients are prohibited from disclosing it (or
other medical information) to potential employers, unless the job applicant has made an
independent decision to disclose their disability status and has specifically requested
recipient staff to make the disclosure on his or her behalf.
5.15 Pre-Employment Medical Examinations
Recipients may not require pre-employment medical examinations, but they may
condition a job offer on the results of a medical examination conducted prior to an
individual’s entrance on duty if:
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• All entering employees/trainees in the same job category, regardless of disability
status, are required to take the same medical examination; and • The results of the medical examination are treated as confidential information and
are not used to discriminate on the basis of the disability.
5.16 Confidentiality of Medical Disclosures/Records
Disability disclosures and all information concerning the medical condition or history of
applicants, participants, and employees, including information voluntarily disclosed, must
be treated as confidential medical information. Recipients must take steps to safeguard
the security of medical records and to ensure that such information is not included in an
employee’s personnel or a participant’s program file. In limited circumstances, as
specified in the regulations, medical information may be shared with management and
other officials. Local procedures adopted by MWAs and their recipients must specify the
manner in which medical documents will be maintained and the personnel who will be
afforded access to such records.
ARCHITECTURAL ACCESSIBILITIY STANDARDS
5.17 Obligation to Provide Architectural Accessibility
MWAs and their service providers must ensure that all aspects of their programs and
activities are architecturally accessible to individuals with disabilities. In complying with
this standard, MWAs must assure that all sites designated as a One-Stop Service Center
meet federal architectural accessibility guidelines. Within the local service network,
MWAs are not required to make each facility or every part of an existing facility
accessible. MWAs will have achieved accessibility as long as their programs, when
viewed in their entirety, are accessible.
5.18 Modification to Facilities/Transition Plan
Program and training facilities need only be modified where alternative, nonstructural
methods fail to offer the same or comparable benefits and opportunities to individuals
with disabilities on an equitable basis. In cases where structural changes to facilities are
required, recipients must develop a transition plan with the assistance of interested
persons, including qualified individuals with disabilities. The plan, and the
developmental process related to the plan, must meet requirements specified in the
regulations. All new construction or plans for facility renovation must adhere to
standards for architectural accessibility, as delineated by the General Services
Administration in the Architectural Barriers Act.
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5.19 Information and Signage
Recipients must ensure that interested persons, including persons with impaired vision or
hearing, can obtain information as to the existence and location of accessible services,
activities, and facilities. All agencies must take action to comply with guidelines for
building signage and other postings which provide directions to, or information about,
functional spaces and accessible facilities and programs within buildings. Specifically
recipients must:
• Install the international symbol of accessibility at each primary entrance of an
accessible facility;
• Post other appropriate signs and notices at its administrative office(s), training,
and/or service site(s), directing individuals with disabilities to designated parking
and to accessible secondary facilities (such as rest rooms, lunchrooms, drinking
fountains, telephones/TTYs, etc.); and • Provide signage at a primary entrance of its inaccessible facilities, directing users to
locations where information about accessible services and facilities can be obtained.
5.20 Facility Evacuation Plans
As part of a local facility management program, MWAs and their recipients are required
to develop and post in conspicuous places, evacuation plans which describe the
procedures that will be activated in response to emergency situations (i.e., fire, tornado,
bomb threat, and other public safety issues) that could involve participants, staff, and
visitors to Service Centers, provider agencies, and training facilities. Such procedures
must address plans for the emergency evacuation of individuals with disabilities who may
need mobility or other assistance. MWAs and their recipients must also inform
individuals with disabilities of the plans for their personal evacuation.
ADMINISTRATIVE OBLIGATIONS
5.21 Self-Evaluation
Recipients of federal financial assistance are required to conduct a self-evaluation to
determine the extent to which current facilities, programs, communication systems
(including internet/computer-related applications), and agency employment practices are
in compliance with federal accessibility standards. Where warranted, recipients are
required to modify and/or correct those policies and practices that are inconsistent with
regulatory standards or that adversely affect the full participation of individuals with
disabilities. The self-evaluation must cover all facets of the recipient’s programs and
must be retained on file as evidence of the recipient’s good faith efforts to comply with
the Act and for DELEG compliance purposes.
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5.22 Policy Development
MWAs are required to describe and document internal systems and practices for ensuring
the accessibility of individuals with disabilities through their local service network.
Policy communications issued by the MWA must advise Service Centers, provider
agencies, and other recipients of their obligation to comply with disability-related service
requirements and must require the adoption and/or maintenance of service
protocols/written procedures that outline the specific mechanisms that are to be followed
in responding to the needs of customers with disabilities.
5.23 Disability Service-Related Training
Consistent with the requirements outlined in policy standard 2.13, staff at all levels, are to
be provided access to training on federal disability (Section 504/ADA) requirements.
MWAs further have an obligation to ensure that their administrative staff, personnel of
Service Centers, and provider agencies, whose positions bring them in contact with
individuals with disabilities, have received thorough training on the MWA’s and/or the
provider’s disability service strategy. Training content must include, as appropriate,
procedures for responding to special needs, accessing alternative telecommunications
systems, processing requests for reasonable accommodations/auxiliary aids and services,
and general disability sensitivity awareness. Evidence that such training has been
provided must be retained on file for review during the compliance review process.
PURPOSE: To transmit recipient obligations to collect EO data in accordance with federal
requirements and to highlight the reporting, recordkeeping, and confidentiality standards
applicable to EO data.
6.0 POLICY: MWAs and their recipients must collect EO program and employment-related
data, maintain records documenting EO management activities, and be able to provide
statistical data and reports, as necessary, to determine compliance with the
nondiscrimination and EO requirements of workforce programs administered by their
agencies.
6.1 General EO Demographic Data Collection and Reporting Requirement
Demographic information must be collected, maintained, and entered on the applicable
Management Information System (MIS) by MWAs and/or their recipients for all
individuals accessing training and/or workforce services. The data to be captured must
include race/ethnicity, sex, age, and disability status, where known. For reporting
purposes, race/ethnicity is to be recorded utilizing the definitions of ethnic identification
issued by the Office of Management and Budget.
6.2 Point of Demographic Data Collection
EO data for JET and the Food Assistance Employment & Training Program is to be
entered on the MIS at the point the customer is enrolled in program services. EO data
collection for employment services provided under the Wagner-Peyser program is to be
entered on the Mediated Services Reporting System, at the point of registration for staff-
assisted services. For programs funded under WIA, EO data is to be collected and
entered on the MIS for every individual who:
• Is interested in being considered for a WIA Title I financially assisted aid, benefit,
service, or training; and
• Has signified that interest by submitting personal information in response to a
request by the MWA or its agents.
The MIS pre-registration screen has been designed to capture the information required to
meet WIA EO reporting requirements.
PART VI EQUAL OPPORTUNITY DATA COLLECTION AND RECORD
RETENTION REQUIREMENTS
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6.3 Employment-Related Data Collection and Document Maintenance Requirements
MWAs and their recipients must collect and be prepared to provide the DELEG and other
state/federal agencies with data and records to assess whether agency employment
practices provide both job applicants and agency employees with equal employment
opportunity. As part of document maintenance requirements, recipients must maintain
written human resource/personnel policies and procedures as detailed in policy standard
2.3 of this guide.
6.4 Records of Recipient Agency Hiring Practices
Recipient agencies must maintain a complete file that provides sufficient information to
enable reconstruction of the process used in filling each employment vacancy with the
agency. At a minimum the following information must be retained:
• Copy of the vacancy announcement and/or job posting and the methods by which
the vacancy was advertised;
• The position description or other material developed in identifying the essential
functions of the position;
• The name, contact information, work history, resume, educational background, and
the date of application for each person that applied for the position;
• A demographic profile of the applicant pool that includes each job applicant’s
race/ethnicity, sex, age, and disability status, if known;
• A description of the objective/subjective criteria used in the selection process (such
as the selection criteria, any test instruments used/scores achieved, the interview
questionnaire, and/or the selection rating procedures);
• Copies of any correspondence written to, or received from, members of the
applicant pool; and
• A copy of the written hiring recommendation for the selected candidate and for
applicants not selected the reason for non-selection, and the names of members of
the interview/selections committee.
Recipients must also be able to document the manner in which the notice required by
policy standard 3.2 was disseminated to applicants for employment.
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6.5 Data and Record Maintenance Requirements for Employees
MWAs and their recipients must ensure that, at a minimum, the following is collected
and maintained for each agency employee:
• The date of hire and position occupied;
• The employees’ race/ethnicity, sex, age, and disability status, if known;
• Initial rate of pay, as well as the date and amount of any subsequent pay increases;
• Promotions received; the position, date, and amount of salary increase associated
with the promotion;
• Training received;
• Performance evaluations; and
• Any records of adverse employment actions, such as disciplinary action,
reassignment, demotion, layoff, or termination.
MWAs and their service providers must also maintain on file a completed Workforce
Analysis Profile and/or other written EO plans that address staff utilization issues.
6.6 Record Maintenance for the Provision of Employment-Related Services
MWAs and/or their recipients that perform employment pre-screening or hiring functions
as an employer service must ensure that the records and information identified in policy
standard 6.4 is maintained on file to document the integrity of the pre-screening/hiring
service provided.
6.7 Clarification Regarding Voluntary Disclosure of EO Demographic Information
In implementing systems practices to collect the demographic information required by
this policy, recipients are reminded that disclosure of such information is voluntary.
Recipients have the obligation to provide notice of the voluntary nature of such
disclosures on program forms, employment applications, and other documents that seek
to collect demographic information. Such documents must include a brief explanation of
the reason why EO information is being requested and provide assurance that failure to
disclose demographic data will not subject individuals to any adverse treatment in
seeking to access services or employment opportunities.
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6.8 Confidentiality
Recipients are required to implement systems and practices to safeguard the
confidentiality of EO data and to prevent the improper use of such information. EO data
collected and maintained by local agencies is to be used only for the purposes of:
• Recordkeeping, reporting, and determining, as applicable, program eligibility;
• Determining the extent to which recipients are operating programs and activities in
a nondiscriminatory manner; and
• Other uses authorized by federal grant agencies and/or the EO regulations.
The confidentiality requirements for general EO program data do not necessitate that
separate or locked filing systems be maintained. MWAs and their recipients will have
met this requirement as long as reasonable measures have been taken to ensure that data
and other EO records are stored in secure locations and are not available to individuals
who are not authorized to have access.
6.9 Other Data Records and Federal Reporting Requirements
Recipients must comply with all other record or special EO data requests that may be
required by federal civil rights enforcement agencies. Practices must also be in place to
ensure compliance with the notification of administrative enforcement/lawsuits
provisions required by policy standard 2.15 and to maintain, if applicable, the
discrimination complaint log required by policy standard 7.21.
6.10 Record Retention
All applicant, eligible applicant, participant, terminee, applicant for employment,
employee records (including records related to the provision of reasonable
accommodations), and other EO management/program-related documents and reports,
must be maintained for a period of not less than three years from the close of the
applicable program year. Records regarding complaints alleging violations of the
nondiscrimination and EO provisions of WIA and other grant programs, as outlined in
policy standard 7.22, must be maintained for a period of three years from the date of
resolution of the complaint.
PURPOSE: To outline discrimination complaint processing requirements and to disseminate
the uniform complaint procedures adopted by DELEG for the state’s workforce investment and
One-Stop delivery system.
7.0 POLICY: MWAs must implement internal mechanisms to ensure compliance with all
notification, complaint handling, and file documentation requirements established by the
state and must follow the state’s uniform procedures in the event a complaint of
discrimination, seeking review and resolution under these procedures, is filed with their
agency. MWAs that fail to follow these procedural mechanisms may be subject to
sanction in accordance with procedures outlined in Part IX of this guide.
STATE ADMINISTRATIVE MANAGEMENT PROVISIONS
7.1 State Approach to Discrimination Complaint Processing
To ensure the prompt and equitable resolution of complaints at the lowest administrative
and service delivery level possible, DELEG has adopted a decentralized complaint
processing structure. MWAs are allocated half of the state’s 90-day processing period, or
45 calendar days, to resolve complaints in accordance with the state’s uniform
complaint procedures.
In administering this process, MWAs must assign primary responsibility for
discrimination complaint review, investigation, and resolution to the agency’s designated
EO Officer. DELEG will provide the local Officer consultation, compliance assistance,
and intervention services, as may be necessary and will grant reasonable extensions of the
processing period in the event the MWA is unable to resolve complaint issues within the
45-day processing period.
7.2 Standards for Complaint Referral to MWAs for Resolution
DELEG will generally refer to the MWA all complaints initially filed with the
department that fall within the LWIA’s service delivery network. BWT may make
exceptions to this policy and retain jurisdiction for direct processing of a complaint at the
state level in cases where:
• Allegations are filed against the Workforce Development Board, MWA officials or
agency staff and the complainant (or their representative) raises issues regarding
potential conflict of interest in the review and investigation of their charges; • Allegations represent unusually serious or egregious charges warranting state-level
review and examination;
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• Allegations raise issues that might impact DELEG EO policy/practices; or • DELEG has reason to believe that the MWA lacks the capacity to conduct a
thorough review of the charges in accordance with regulatory requirements and the
state’s uniform discrimination complaint procedures.
In cases where jurisdiction is retained by the state, the MWA will be provided notice of
this determination and will be informed and/or consulted regarding the state’s plan in
seeking review and resolution of the charges.
7.3 Limitations on MWA Complaint Processing Authority
These procedures do not grant and MWAs are prohibited from accepting or processing
any allegations of discrimination filed against a DELEG or other state employee stationed
at Service Centers or other local facilities. When allegations are made against a State of
Michigan employee the MWA must immediately suspend any discussion of alleged
charges, notify the State EO Officer of the potential allegations and provide the
complainant with contact information to refer the matter to the designated State Officer.
7.4 Incorporation of Alternative Dispute Resolution Processes
MWA internal mechanisms for complaint processing must include provisions for
alternative dispute resolution (ADR) or mediation as an option for complaint resolution.
In adopting policy incorporating this provision, MWAs may specify the types of
complaints for which mediation may not be appropriate or offered as a means of
resolving complaint issues. Such criteria must be pre-determined and reflected in agency
internal procedures.
All ADR sessions must be conducted by an impartial mediator who is trained in
mediation techniques and the principles of nondiscrimination and EO. MWAs are
required to procure mediation services from qualified providers, unless the MWA can
demonstrate that the agency has the capacity to administer the ADR component through
existing agency resources. Documentation of such capacity, including a written
description outlining the MWA’s approach, must be submitted to DELEG for review and
approval.
All arrangements for mediation services must be pre-established and MWAs must retain
written protocols which demonstrate its ability to activate ADR mechanisms within a
reasonable standard of promptness. Internal procedures to manage the logistical aspects
of the ADR process and record maintenance procedures (such as retention of a signed
Resolution Designation Form, Agreement to Mediate, etc.) must also be developed and
fully documented. MWAs, their Service Centers, and other providers must further
publicize the availability of ADR services by making the Mediation Brochure, published
by DELEG, readily available within the service network.
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7.5 Prohibition Against Retaliation
Intimidation and retaliation against any individual for having filed a discrimination
complaint, opposed a discriminatory practice, furnished information, assisted or
participated in any manner in a discrimination complaint investigation, hearing or other
activity to secure rights protected by the nondiscrimination and EO provisions of federal
programs is strictly prohibited. The sanctions and penalties outlined in policy standard
9.2 may be imposed against the MWA and/or any recipient that either engages in
retaliation or intimidation, or fails to take appropriate steps to prevent it from occurring.
PROCESSING PREREQUISITES
7.6 Who May File
Complaints may be filed by any person who believes that he or she, or any specific class
of individuals, has been or is being subjected to discrimination on the basis of race, color,
religion, sex, national origin, age, disability, political affiliation or belief and for WIA
only on the basis of a beneficiary’s citizenship status as a lawfully admitted immigrant
authorized to work in the United States or on his or her participation in a WIA Title I
financially assisted program or activity.
Complaints may be filed by the affected individual, or by their authorized representative.
Individuals wishing to file discrimination charges against a program or activity that
receives federal financial assistance from DELEG must be given the option to file under
the state’s uniform procedures or directly with the federal agency with civil rights
enforcement authority.
7.7 Standards for Receipt of Complaints in Languages Other than English
Complaints of discrimination filed by LEP customers, unless filed by the complainant’s
authorized representative as established in policy standard 7.9, are to be submitted by the
complainant in writing in his/her primary language. All subsequent interaction and
communications with the complainant must be conducted in accordance with protocols
established in the MWA’s language assistance plan and in a manner which ensures that
the complainant can understand and effectively participate in all phases of the
discrimination complaint process.
7.8 Documenting Complaint Receipt
All complaints of discrimination must be logged and assigned a complaint number using
a locally designed complaint numbering system. MWAs must also notify DELEG upon
complaint receipt to activate complaint tracking mechanisms at the state level. The
notice must specify the workforce program, the nature of the complaint, and is to be
e-mailed to BWT’s EO Officer.
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7.9 Complaint Content
To be processed, a complaint must be submitted in writing and include:
• The complainant’s name and address or other means of contact,
• The identity of the individual or entity that the complainant alleges is responsible
for the discrimination,
• A description of the complainant’s allegations, in enough detail to determine
whether the MWA has jurisdiction and if the complaint has apparent merit,
• The date(s) the alleged discrimination occurred, and
• The complainant’s signature or the signature of the complainant’s authorized
representative.
If the complaint does not contain all required elements, the MWA must seek to obtain
missing/clarifying information from the complainant. Requests for clarification must be
forwarded, in writing, to the complainant, providing ten days for receipt of the
information. If missing information is not received within the ten-day standard, the
MWA may close the complaint file and forward the complainant notice of such action.
7.10 Jurisdiction
If a written discrimination complaint contains all required content elements, the MWA’s
EO Officer must review the complaint and make a determination as to whether the MWA
has jurisdiction. In cases where jurisdiction is established, the MWA must proceed with
the review and processing of the complaint in accordance with the procedures outlined in
this section and is prohibited from referring the allegations to other civil rights
enforcement agencies.
If the MWA lacks jurisdiction, the agency must immediately notify the complainant, in
writing, of that determination. The notification must include a statement regarding the
reasons for reaching the determination and, where possible, include referral to an
appropriate state or federal agency with complaint processing authority. Where an
appropriate referral source is unknown, the notice must specifically state that the
complainant has 30 days from the date the Notice of Lack of Jurisdiction was received to
file with the USDOL’s Civil Rights Center.
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7.11 Timelines for Filing
Complaints must be filed within 180 days of the alleged discrimination, unless the federal
agency with civil rights oversight authority extends the filing deadline for good cause
shown. If the 180-day standard is not met, the MWA must notify the complainant, in
writing, that the complaint cannot be processed by the MWA and must advise the
complainant of the process for filing a request for extension with the appropriate federal
agency.
PROCESSING REQUIREMENTS/RESOLUTION
APPROACHES AND CORRECTIVE ACTION
7.12 Notification of Complaint Receipt
If all pre-processing elements are met, the MWA/local EO Officer must analyze issues
detailed in the complaint and provide the complaining party with a written notification.
The notice must:
• Acknowledge complaint receipt and notify the complainant of their right to be
represented in the complaint process;
• Include a listing of the issues raised in the complaint;
• Specify, for each issue raised, whether the MWA will accept or reject the issue for
investigation;
• Outline, for each issue rejected, a discussion/explanation of the reasons for the
rejection; and
• Provide, if issues have been accepted for review, information regarding complaint
resolution options and the availability of ADR. The mediation brochure published
by DELEG is to be used for this purpose.
In cases where none of the issues raised in the complaint will be accepted for
investigation, the notice required by this section must advise the complainant of their
right to request a state level review of the local determination, as provided in policy
standard 7.17 of these procedures.
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7.13 Timeline for the Issuance of the Notice of Complaint Receipt
The MWA is expected to complete the review of complaint issues within ten days of
receipt of the complaint. If the issues raised will require more than ten days to analyze
and determine the MWA’s response, the complainant must, at a minimum, be forwarded
an acknowledgement of complaint receipt, within the ten day standard. The letter must
indicate that the MWA is in the process of reviewing issues raised in the complaint and
must specify a date by which the complainant will be notified of the MWA’s
determination.
7.14 Selection of Resolution Approach
The choice as to whether the MWA uses its ADR or fact-finding procedures in
processing a complaint of discrimination is a matter of complainant choice. The
complainant is to be given ten days to notify the MWA/local EO Officer of the manner in
which they elect to resolve the dispute. If notice is not received within this period, the
complainant forfeits the opportunity for mediation and the MWA must proceed with a
fact-finding investigation.
7.15 Obligation to Notify Respondent Party
After the resolution approach has been selected, the MWA must notify the respondent(s)
and/or other entities/parties involved of the nature of the alleged act(s)/incident(s) of
discrimination that have been accepted for investigation and the approach the MWA will
use to review and resolve complaint. The notification must specifically reference that
any form of retaliation or intimidation because a complaint of discrimination has been
filed is prohibited.
7.16 Resolution through Mediation
If the complainant elects ADR, the MWA/local EO Officer must schedule/refer the
complainant and respondent to mediation in accordance with local procedures. Where
the mediation is successful and results in the negotiation of a written settlement
agreement, signed by the mediator and all parties involved, the MWA must issue the
Notice of Final Action. The notice must include:
• A description of the way the parties resolved the issue, and
• A statement reminding the parties of options available in the event there is a breach
of the negotiated agreement.
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For mediation sessions conducted for USDOL programs, the notice must specifically
reference that the non-breaching party may file a complaint with the CRC Director within
30 days of the date the party learns of the alleged breach.
In cases where ADR was attempted, but unsuccessful, the MWA must immediately notify
the DELEG and forward the original signed complaint to the state’s EO Officer for
review and possible investigation by the DELEG during the time remaining in state’s 90-
day processing period. The MWA must notify the complainant, in writing of this action.
7.17 Resolution through Fact-Finding
If the complainant elects to have their allegations investigated and resolved through a
fact-finding process, the MWA/local EO Officer must conduct the investigation in
accordance with local procedures that must include provisions for varying investigative
approaches and techniques based on the nature and complexity of the allegations. MWAs
are not required, but may at their option, incorporate local hearing processes into local
resolution procedures. If hearings are provided, the MWA must maintain internal
procedures governing the hearing process.
At the conclusion of the investigative process, the MWA must issue the “Notice of Final
Action-Local Recipient Level” to distinguish the local (initial) determination from any
subsequent notice that may be issued by the DELEG in the event of a state-level review.
The notice must contain:
• The MWA’s decision on each issue accepted for investigation;
• An explanation of the reasons underlying each decision;
• Notice of the complainant’s right to request a state-level review of the local
determination; and
• Reference to successive steps that may be available after State of Michigan
remedies have been exhausted, by filing with the federal agency with civil rights
enforcement authority.
In addition to the Notice of Final Action-Local Recipient Level, MWAs are required to
prepare a written Report of Findings to document the local investigative process.
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7.18 Opportunity for State Review of the Local Determination
Individuals whose complaints are investigated through fact-finding, who disagree or are
dissatisfied with the MWA’s resolution, may request a state-level review of the local
determination. All such requests must:
• Be filed with BWT within ten days of receipt of the MWA’s written determination,
and
• Include a brief signed statement of the issues which remain in dispute or a
discussion of why the complainant is dissatisfied with the MWA’s resolution.
Requests for state level review are to be submitted to BWT’s EO Officer.
7.19 Standards for Corrective Action
Where allegations of discrimination are substantiated through the investigative process,
MWAs must initiate actions to (i) completely remedy any adverse action experienced by
the complainant (retrospective or “make whole” remedies) and (ii) correct any technical
violations or EO management deficiencies to ensure that discrimination or EO violations
do not reoccur (prospective remedies). Such remedies may include, but are not limited
to:
• Restoration of workforce services discriminatorily denied;
• Hire, reinstatement, retrospective seniority, promotion, or payment of wages and
benefits (i.e. back pay with interest, front pay, or other monetary relief) for which
the complainant may be entitled (monetary relief cannot be paid with federal
funds);
• Repeal or modification of policies/procedures shown to be discriminatory; • Adoption of new EO policies, service protocols, and other curative and preventive
measures, as may be warranted, to ensure that cited violations do not re-occur; and
• Provision of EO diversity or other compliance-specific training, as appropriate for
staff, Service Centers, service providers and other partner agencies.
In cases where the MWA is unable to secure voluntary compliance to correct findings of
discrimination, the MWA must initiate sanction proceedings against the recipient agency
in accordance with local procedures developed in compliance with requirements
established in policy standard 2.14 of this guide.
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REPORTING/RECORD MAINTENANCE AND OTHER
COMPLAINT RELATED OBLIGATIONS
7.20 Complaint File
MWAs must maintain on file a detailed factual chronology of all contacts and discussions
held in response to discrimination complaints received by the agency. Actions taken with
respect to the logistical aspects of the ADR process and each interview, meeting, and
official action taken during a fact-finding investigation must be documented. All
correspondence required in carrying out complaint-related functions are to be forwarded
to the complainant (and other involved parties, as appropriate) by certified mail.
7.21 Complaint Log
MWAs must maintain a discrimination complaint log that documents the receipt and
disposition of complaints filed with their agency. The log must include, at a minimum:
• Name, address, or place to contact the complainant;
• The date of receipt of the signed complaint;
• An identification of the program or funding source under which workforce services
were provided;
• The grounds or basis for the complaint; and
• A brief description of the complaint: the nature of the resolution and the date of the
resolution.
The log must be maintained as a confidential document and must be filed with DELEG
upon request.
7.22 Record Retention
All records regarding discrimination complaints and actions taken must be retained for a
period of three years from the date of the resolution of the complaint. After expiration of
the retention period, it is recommended that the files, which may contain confidential or
other sensitive information, be destroyed.
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7.23 Publication Requirements
MWAs must provide both public and internal notice of discrimination complaint
procedures and the availability of ADR services. The public notice must reference:
• Who may file; • Where to file, including notification of the right to file directly with the responsible
federal agency; • When to file; • Content elements to be included in a complaint; and • The right to representation during the complaint process
Provisions regarding the prohibition against retaliation, contact information for the local
EO Officer, and an invitation to informally resolve the complaint prior to official filing
must also be included in the notice. A standard template of DELEG required compliance
elements for the required publication is available for use by MWAs or agencies may
publish their own procedures overview and related forms/materials to meet this
requirement. MWAs that release information regarding the agency’s discrimination
complaint, programmatic grievance, or Employment Service complaint process in a
single publication must ensure that processing time lines and other variances between the
three processes are clearly delineated.
7.24 Complaint Filing Forms and Related Materials
MWAs are also responsible for ensuring that discrimination complaint forms, Privacy
Act Consent forms, and other documents used in conjunction with filing a discrimination
complaint with the state and/or the civil rights offices of USDOL, HHS and the USDA
are readily available at all local Service Centers and provider agencies. All documents
outlining MWA discrimination complaint procedures are to be made available to
individuals seeking such information immediately upon request. Recipient agencies
must further assure that such documents are available in alternative formats, accessible to
individuals with disabilities and to persons who speak languages other than English.
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7.25 Confidentiality
All complaints of discrimination must be handled as confidentially as possible to protect
the rights of all parties involved. In processing complaints, EO Officers must keep the
following information confidential:
• The fact that a complaint has been filed;
• The identity of the complainant;
• The identify of individual respondent(s) to the allegations; and
• The identity of any person(s) that furnished information relative to, or assisted in a
discrimination complaint investigation.
In cases where it is necessary to disclose the identity of a complainant, the MWA must
implement measures to protect the complainant from retaliation.
7.26 Other Complaint Related Obligations
MWAs must adopt internal systems and practices to ensure compliance with these
requirements. As with all EO procedures, MWAs must ensure that the EO Officer
responsible for managing the discrimination complaint process and any staff, who may
assist the EO Officer with the investigative process, has received appropriate (i.e.,
discrimination complaint/investigative techniques/theories of discrimination) training.
MWAs must also ensure that EO Liaisons and/or Complaint Coordinators at Service
Centers and other recipient agencies are aware of their role in assisting complainants in
understanding their options for discrimination complaint resolution and of their duty to
direct complainants to staff responsible for managing the discrimination complaint
process. Failure to comply with these processing guidelines may subject the MWA to
sanctions, should DELEG determine that the MWA knowingly circumvented the state’s
uniform discrimination complaint procedures.
PURPOSE: To notify MWAs of the monitoring and oversight functions DELEG will utilize to
assess recipient compliance with the nondiscrimination and EO provisions of workforce
programs and to describe the process by which corrective action for EO noncompliance will be
secured.
8.0 POLICY: DELEG will conduct periodic compliance, performance, and specialized
reviews to assure the maintenance and effectiveness of required EO systems and practices
and will issue written notice of EO compliance findings and recommendations for the
implementation of voluntary and/or required corrective action measures.
8.1 Compliance Reviews
MWA administrative offices, selected Service Centers, and provider agencies will be
monitored, on a routine basis, by the state EO Officer and/or other designated DELEG
staff. The reviews, which will include both desk and on-site assessment techniques, will
incorporate document/file reviews, facility assessments, and a series of interviews with
the local EO Officer, key management staff, and individuals enrolled in agency programs
and activities. The review will cover all facets of the EO management system and will
specifically focus on:
• Compliance with administrative obligations and general EO responsibilities;
• EO Officer functions;
• EO policy/procedure development and training;
• Universal access and local strategies for ensuring meaningful access for persons
with limited English proficiency;
• Compliance with Section 504 programmatic and architectural accessibility
requirements;
• Local EO compliance review and statistical analysis processes, and
• EEO compliance and staff utilization assessment.
Service strategies, implementation methods, and outcomes achieved in promoting
inclusion/diversity practices, nontraditional training, and equal employment opportunities
will also be reviewed.
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8.2 Finding Notification for the Compliance Review Process Findings identified through the on-site compliance review process will be transmitted to
the MWA/grant recipient via a monitoring report, prepared in accordance with BWT EO
management procedures. Such reports will contain:
• A review of findings noted for the MWA administrative office and for each Service
Center or provider agency where compliance assessment was conducted;
• A description of any violation(s) and reference to the pertinent EO regulation(s) or
state policy standard(s) that have been violated;
• An identification of any administrative recommendations proposed by the state that
the MWA should consider implementing to enhance their EO management
program; and
• A request for a written response to the compliance findings.
MWAs will be given 30 days to respond to the findings and submit a description of the
locally designed corrective action measures implemented to remedy each identified
violation. Follow-up, if required, will be conducted within 60 days of corrective action
implementation.
8.3 EO Performance Reviews
On a periodic basis, the BWT will conduct a statistical review of EO performance data
for WIA Title I and Employment Service programs funded under the Wagner-Peyser Act.
Such reviews will survey both statewide and MWA-specific outcomes as they relate to
core indicators of EO performance.
Where the EO statistical review pinpoints performance deficiencies registering a value of
two or more standard deviations, DELEG will notify the MWA to initiate corrective
action. Where statistical data continue to show disproportionate or adverse findings,
BWT may initiate more stringent data analysis or conduct a specialized review, as
appropriate.
8.4 Specialized Reviews or Investigations
As required, EO management staff will conduct in-depth specialized reviews or special
investigations to assess the efficiency and/or propriety of local practices. The decision to
conduct a specialized review may be prompted by indicators of both exemplary and/or
adverse program performance.
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Special investigations, if conducted, will be initiated in response to concerns or
potentially serious infractions that are brought to the department’s attention by means
other than a written complaint. Depending on the nature/severity of the charges, the
department may elect to use an investigative team to review reported
concerns/allegations. Such team(s) may be comprised solely of the department’s EO
management staff or consist of an interagency team of personnel from various
organizational units within DELEG, technical consultants, and/or personnel from other
state agencies involved in the administration of the workforce initiative under which
discriminatory actions are alleged.
8.5 Finding Notification for Performance/Specialized Review and Special Investigations
Results of findings identified through the quarterly performance or specialized review
process will be transmitted to the MWA/grant recipient via a Letter of Findings. The
notice will:
• Advise the recipient of the preliminary findings of the review;
• Request clarification and/or where appropriate, describe the specific corrective or
remedial action to be taken; and if appropriate,
• Identify of any administrative recommendations proposed by the state that the
MWA should consider implementing to enhance service mechanisms or compliance
practices for the EO management area under review.
Recipients will be given 30 days to respond to requests for clarification and/or to
implement, prescribed corrective action measures. The timeframe for follow-up, if
warranted, will be negotiated upon acceptance of the corrective action response.
Results of findings identified through a special investigation will be transmitted to the
MWA/grant recipient via the process outlined in 10.2 of this guide. The timeframe and
procedures outlined in that part and in policy standard 10.3 will be provided to allow
MWAs to respond to identified findings and to facilitate voluntary compliance.
8.6 Conciliation Agreements
In cases where EO corrective actions required by the state to address deficiencies
identified through the compliance, performance or special review processes will take
longer than 30 days to implement, the MWA will be advised of the need to develop a
written conciliation agreement. If an agreement is warranted, the MWA will be provided
the opportunity to engage in voluntary compliance negotiations with DELEG to mutually
establish the specific measures that must be taken to move into compliance. The
conciliation agreement will contain time frames and checkpoints for each negotiated
compliance activity.
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8.7 Other EO Performance Activities, Site Reviews, and Assessments
On an as needed basis, BWT may conduct EO performance reviews for other
state/federal workforce initiatives (i.e., JET, the Food Assistance Employment &
Training Program, etc.) to make comparative analysis of target and/or protected group
program outcome statistics. The BWT will also continue to rely on the Mystery
Shopper/Mystery Stopper program to test compliance with selected EO/disability and
program-related accessibility standards at Service Center locations.
On a periodic basis, other BWT administrative units or DELEG offices may conduct EO-
related assessment activities at MWA and/or Service Center facilities. Such reviews
typically will be related to the biennial Service Center certification process or may be
conducted by Michigan Rehabilitation Services and/or other disability advocate agencies,
to assess recipient compliance with technical specifications and architectural
requirements detailed in the ADAAG or the UFAS Accessibility Standards.
Findings identified by other BWT/DELEG administrative units during the course of EO-
related compliance activities will be transmitted in accordance with procedures adopted
by those units. Where BWT EO management staff is advised of compliance concerns,
follow-up to ensure that identified issues have been adequately addressed may be
conducted.
PURPOSE: To describe the manner in which sanction proceedings will be conducted in the
event EO violations cannot be resolved through conciliatory efforts.
9.0 POLICY: It is DELEG policy to be fully supportive of the statewide workforce system
and to seek resolution of all findings of EO noncompliance through conciliation and the
provision of appropriate compliance assistance. In cases where compliance cannot be
secured through voluntary means, DELEG will initiate sanction proceedings as required
by federal regulations.
9.1 Violations for Which Sanctions May be Imposed DELEG may initiate sanction proceedings for infractions that include, but are not limited
to:
• Failure or refusal to comply with federal EO regulatory requirements, state policy
directives, or responsibilities assigned to the LWIA and its recipients in the state’s
MOA;
• Failure or refusal to implement required corrective action or to abide by the terms
of a conciliation agreement negotiated with the state; and
• Failure or refusal to comply with a requirement imposed by the state where failure
to comply results in the department’s inability to carry out state oversight
responsibilities or to comply with an information/data request made by a federal
civil rights enforcement agency.
In cases where sanctions are imposed under the preceding infraction, DELEG may waive
the Show Cause procedures established in policy standard 9.4 and proceed directly to the
process referenced in policy standard 9.5 to seek resolution of compliance issues.
9.2 Other Sanctionable Offenses
Sanctions may also be initiated in situations where the DELEG has reasonable cause to
believe that an MWA/grant recipient, or other entity within the state’s recipient network,
has engaged in actions or behaviors that are strictly prohibited by state policy. Actions
eligible for sanction under this provision include, but are not limited to:
• Failure to take immediate action to prevent discriminatory or sexual harassment
against an individual or groups of individuals after being notified that prohibited or
inappropriate behaviors has been or is taking place; and
PART IX PROCEDURES FOR APPLYING SANCTIONS FOR EQUAL
OPPORTUNITY NONCOMPLIANCE
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• Engaging in retaliatory action and/or failure to take appropriate measures to prevent
retaliation or intimidation against an individual who has filed a complaint of
discrimination; opposed a practice prohibited by EO provisions or otherwise
participated in actions to secure protected rights.
The determination that such violations have occurred typically will be made during the
course of a discrimination complaint or special investigation. The decision to impose
sanctions under this provision will be made as part of the resolution process described in
Part X of this guide.
9.3 Nature and Scope of EO Sanctions
The nature and scope of sanctions to be imposed for EO noncompliance will be
determined on a case-by-case basis, taking into consideration the circumstances and
seriousness of the violation(s). Sanctions may include, but are not limited to:
• Mandated staff and/or recipient/service provider training and technical assistance to
address EO compliance deficiencies; • Mandatory revision to the MWA’s EO management system such as changes to
monitoring procedures, outreach/recruitment mechanisms, the EO management
plan, and/or Service Center/provider agency/vendor selection processes;
• Reduction or temporary withholding of financial assistance, in whole or in part, to
the MWA/grant recipient or to a another entity under contract with the LWIA; • Deferment of an incentive award to the MWA/grant recipient until EO violations
are corrected or identified management weaknesses are improved;
• Forfeiture of the MWA/grant recipient’s eligibility to receive an incentive award,
discretionary and/or deobligated funds which may become available by formula or
request; or
• Termination of federal funding to the MWA/grant recipient or to another entity
under contract with the LWIA.
9.4 Notice to Show Cause
Prior to the initiation of sanctions, DELEG will transmit a Notice to Show Cause to the
MWA/grant recipient and other local officials providing notification of the violation.
The notice will include:
• A description of the violation and a citation of the pertinent nondiscrimination
regulatory provisions or state policy that has been violated;
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• A summary of actions taken to date by the department to secure compliance;
• An identification of the possible sanction(s) to be imposed in response to the
referenced violations; • A review of corrective action necessary to achieve compliance; and
• A request for a written response to the notice.
The MWA/grant recipient will have 30 days to respond to the notice and show cause why
enforcement proceeding under the nondiscrimination and EO provisions should not be
initiated. If the MWA/grant recipient’s response to the Show Cause notice satisfactorily
addresses compliance issues, or successfully challenges the state’s authority/findings, the
case file will be closed, with no further action required.
9.5 Notice of Pending Sanctions
Where the recipient fails to show cause, or in cases where the state waives the show
cause provision, DELEG will issue the MWA/grant recipient, the Workforce
Development Board Chair (WDB) and the Chief Elected Official (CEO) a Notice of
Pending Sanctions. The notice will:
• Include a description of the violation(s) and provide a specific reference to the
nondiscrimination and EO provision(s) that have been violated;
• Specify the corrective or remedial actions necessary to achieve compliance and
describe the results that are anticipated;
• Provide written notice announcing the nature, extent, and duration of proposed
sanctions; and • Require that a written response be submitted to the DELEG within ten days of
receipt of the Notice of Pending Sanctions that expresses the MWA/grant
recipient’s intent in response to the state’s pending action.
In cases where the MWA/grant recipient’s response to the Notice of Pending Sanctions
results in correction of the violation within the ten-day period or a written commitment to
complete action(s) related to the violation by a date documented in a conciliation
agreement, sanctions proceedings will be avoided. When all agreed upon actions are
implemented, the case file will be closed, with no further action required.
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9.6 Opportunity for Mediation/Hearing
Where the MWA/grant recipient does not indicate intent to move into voluntary
compliance in response to the Notice of Pending Sanctions, or disagrees with DELEG’s
proposed sanction(s), the MWA/grant recipient may request a mediation hearing prior to
the expiration of the ten-day period established in the Notice of Pending Sanctions. The
request for the mediation hearing must include:
• Any admission or denial of each finding of noncompliance identified by DELEG,
and/or
• An explanation why specific sanction(s) proposed by the state should not be
imposed.
The request for mediation hearing must be submitted to the attention of the Director,
BWT. Upon receipt of the request, DELEG will schedule a mediation hearing, to be
conducted by an impartial third-party facilitator, within reasonable notice to all parties
involved.
If the MWA/grant recipient fails to request a mediation hearing by the stated deadline,
the agency automatically waives the right to a mediation hearing and the findings cited by
the department will be considered admitted. DELEG will immediately initiate actions to
impose the sanctions proposed in the Notice of Pending Sanctions.
9.7 Resolution through Mediation/Hearing or State Agency Determination
In cases where a mediation hearing resolves outstanding compliance issues, a written
settlement and/or conciliation agreement will be negotiated. The state may or may not
impose sanctions as part of this process.
If a mediation hearing is held, but does not result in an agreement for voluntary
compliance and/or the negotiation of alternative sanctions, the hearing facilitator and the
BWT will make independent recommendations to the DELEG executive office as to the
course of action that should be taken and/or the sanctions that should be imposed in
resolving the dispute. The DELEG Director, on behalf of the Governor, will make the
final determination in resolution of the matter and will determine the nature and extent of
any sanctions to be imposed. The decision of the DELEG Director will represent the
final state action in response to the matter and the case file will be closed upon the
MWA/grant recipient’s satisfactory completion of remedial measures imposed in the
state’s final directive.
PURPOSE: To describe the process that will be used to resolve adverse findings resulting from
allegations of discrimination investigated by DELEG.
10.0 POLICY: DELEG is committed to ensuring that the department carries out its
obligations for the resolution of findings identified through the investigation of
allegations of discrimination in a fair and impartial manner. When an adverse
determination is made, the MWA/grant recipient will be invited to engage in conciliation
and will be provided an opportunity for hearing to contest any disputed findings.
10.1 Protocol For the Resolution of Claims of Discrimination
As established in the MOA and policy standard 2.17, the state will direct all actions
related to findings of discrimination and other adverse EO determinations to the
MWA/grant recipient for resolution. Where such findings occur below the
LWIA/administrative agency level, the MWA must provide the affected recipient with an
opportunity to respond to the findings through local level procedures, developed in
compliance with state policy.
10.2 Notification of Investigative Findings
In cases where the DELEG conducts a discrimination complaint or special investigation
and finds reasonable cause to believe allegations of discrimination, the state will issue a
written Notice of Final Action or Letter of Findings that will:
• Summarize each issue or area of concern that was examined as part of the
investigation;
• Provide an explanation of the reasons underlying the reasonable cause
determination;
• Identify any EO policy/technical violations detected during the course of the
investigation;
• Highlight the general scope of corrective and remedial action(s) proposed by the
department to address the finding(s); and
• Provide the MWA/grant recipient with 30 days from receipt of the Notice of Final
Action or Letter of Findings to notify DELEG of the MWA/grant recipient’s initial
response and/or intent to engage in voluntary compliance negotiations.
PART X PROCEDURES FOR ADDRESSING ADVERSE FINDINGS
RESULTING FROM A CHARGE OF DISCRIMINATION
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In cases where the MWA/grant recipient declines the opportunity to participate in
voluntary compliance negotiations or does not respond to the state’s letter of notification,
DELEG will issue a Notice of Opportunity for Hearing and the proceedings detailed in
policy standards 10.6 through 10.9 of this procedure will be initiated.
10.3 Period Established for Compliance Negotiations
After receipt of the MWA/grant recipient’s initial response, DELEG will, if required,
establish a period for voluntary compliance negotiations. The voluntary compliance
period will provide the MWA/grant recipient the opportunity to engage in dialogue with
the state and respond to DELEG’s findings by providing supplemental or clarifying
information that may result in modification (in whole, or in part) to the department’s
determination. The voluntary negotiation process will also be used to mutually:
• Establish the specific measures the MWA/grant recipient must take (or impose on a
violating recipient) to end or redress the EO violation(s);
• Negotiate a time frame for the completion of required actions; and
• Determine whether it will be necessary to enter into a written conciliation
agreement and/or if sanctions will be imposed.
The total time allotted to secure compliance through voluntary, conciliatory means will
be limited to 60 days from the date the MWA/grant recipient notifies the state of their
intent to initiate compliance negotiations.
10.4 Resolution During Compliance Negotiations
If resolution of investigative findings is reached prior to, or during the period established
for voluntary negotiations, DELEG will document the agreement, in either a resolution
letter or in a conciliation agreement. Where the resolution involves the provision of
“make whole” remedies or monetary relief, DELEG will act as the facilitator in
negotiating an appropriate settlement between the complainant and the MWA/grant
recipient. When all agreed upon actions are implemented, the case file will be closed in
accordance with policy standard 10.11 of this guide.
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10.5 Failure to Resolve Through Voluntary Compliance Negotiations
In cases where DELEG determines, after the conclusion of the 60-day period established
for compliance negotiations, that compliance cannot be secured by voluntary means, the
department will provide the MWA/grant recipient with written notice of that
determination. The notice will contain:
• A statement of the specific efforts made to achieve voluntary compliance, and a
statement that those efforts have been unsuccessful;
• A listing of any modification to the findings of fact or conclusions that were
outlined in the Notice of Final Action or Letter of Findings;
• A statement of those matters upon which the MWA/grant recipient and the
department continue to disagree;
• A statement of the MWA/grant recipient’s liability, and if appropriate, the extent of
that liability; and
• A description of the specific corrective or remedial actions the MWA/grant
recipient must take to move into compliance.
The notice will also state that if the MWA/grant recipient fails to negotiate plans to move
into compliance within ten days of receipt of the notice, the department will issue a
Notice of Opportunity for Hearing. Such notice will specifically state that the
determination reached through the hearing process may result in the imposition of
sanctions, or in the suspension, termination, or discontinuance of financial assistance, in
whole or in part.
If circumstances warrant, DELEG, in lieu of issuing a Notice of Opportunity for Hearing,
may elect to refer contested issues to the appropriate federal civil rights agency for
enforcement proceedings. The MWA/grant recipient will be notified in writing in the
event of such referral.
10.6 Response to the Notice of Opportunity for Hearing
Where the Notice of Opportunity for Hearing has been issued, the MWA/grant recipient
must file a formal written response within 15 days of receipt of the notice. If the
MWA/grant recipient elects a hearing, the request for hearing must be set forth in a
separate paragraph of the response. The response must additionally:
• Specifically admit or deny each finding of fact or issue detailed in the initial (or as
modified) Notice of Final Action or Letter of Findings, and
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• Separately state and identify matters alleged as affirmative defenses.
If the MWA/grant recipient fails or refuses to respond to the Notice of Opportunity for
Hearing, all findings identified by DELEG in the Notice of Final Action or Letter of
Findings will be considered admitted and DELEG will issue mandatory corrective action
measures and will impose sanctions that may result in the suspension, termination, or
discontinuance of financial assistance, in whole or in part.
10.7 Hearing Scheduling/Opportunity to Withdraw
In response to the request for a hearing, DELEG will appoint an impartial Hearing
Administrator and schedule a hearing date within reasonable notice to all parties
involved. The MWA/grant recipient will be provided the opportunity to withdraw the
request for hearing and initiate actions to move into compliance, prior to the date of the
scheduled hearing. Any such request must be filed in writing and received by DELEG by
the deadline established for withdrawal in the hearing notice.
10.8 Hearing Provisions
The hearing process will be structured to allow all parties the opportunity to bring
witnesses and/or documentary evidence; examine all evidence presented at hearing; and
question any witnesses or parties to the hearing.
10.9 Issuance of the Final Determination
At the conclusion of the hearing proceedings, the Hearing Administrator will issue a
recommended decision to DELEG within 30 days. The DELEG Director, on behalf of
the Governor, will render a final determination within 30 days of the Hearing
Administrator’s recommendation. The final determination (if it supports the
department’s pre-hearing findings) will identify the nature and scope of corrective action
remedies and/or the sanctions that will be imposed against the MWA/grant recipient
and/or the affected provider agency. In making the sanction determination, the range of
penalties outlined in policy standard 9.3 may be imposed.
10.10 Waiver of the Imposition of Certain Sanctions
DELEG may waive the imposition of certain sanctions, where discriminatory actions and
other infractions occurred below the LWIA administrative level and the MWA/grant
recipient is able to demonstrate that it has:
• Developed and issued EO procedures that clearly delineate EO obligations to its
staff, Service Centers, provider/training agencies, or other entities under contract
with the agency;
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• Provided EO training and compliance assistance to its staff, Service Centers,
provider/training agencies, or other entities under contract with the agency;
• Acted with due diligence to monitor internal EO compliance and the compliance
status of its staff, Service Centers, provider/training agencies, or other entities under
contract with the agency; and • Taken prompt and appropriate corrective action upon becoming aware of evidence
of EO violations.
All wavier determinations are at the discretion of the DELEG Director.
10.11 Case Closure
The case file relative to the investigation or compliance issue(s) that prompted sanction
proceedings will remain open until the MWA/grant recipient satisfies the corrective
action and/or sanction requirements imposed by the state. In all cases where sanctions
are imposed, DELEG will require the submittal of a written report and the State EO
Officer will conduct a follow-up review to ensure that required actions and/or the terms
of any imposed corrective actions/sanctions are implemented. Upon satisfactory
completion, the case file will be closed, with no further action required. The MWA/grant
recipient, WDB Chair and CEO will receive written notice of case closure.
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