[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. 

  EQUAL OPPORTUNITY POLICY GUIDE 

______________________________________________________________________________ 

 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 

______________________________________________________________________________ 

 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 

______________________________________________________________________________ 

 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 

______________________________________________________________________________ 

 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 

______________________________________________________________________________ 

 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 

______________________________________________________________________________ 

 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. 

EQUAL OPPORTUNITY POLICY GUIDE 

______________________________________________________________________________ 

 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 

______________________________________________________________________________ 

 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: 

   PART IV UNIVERSAL ACCESS AND SERVICE PROVISION TO 

INDIVIDUALS WITH LIMITED ENGLISH PROFICENCY 

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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. 

 PART V COMPLIANCE WITH SECTION 504 PROGRAMMATIC AND 

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. 

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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. 

    PART VIII PROCEDURES FOR MONITORING EQUAL OPPORTUNITY 

COMPLIANCE AND IMPLEMENTING CORRECTIVE ACTION 

EQUAL OPPORTUNITY POLICY GUIDE 

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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 

EQUAL OPPORTUNITY POLICY GUIDE 

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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; 

EQUAL OPPORTUNITY POLICY GUIDE 

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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. 

   EQUAL OPPORTUNITY POLICY GUIDE 

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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 

EQUAL OPPORTUNITY POLICY GUIDE 

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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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