[nfbmi-talk] long but very important memo

Fred Wurtzel f.wurtzel at comcast.net
Sat Nov 13 21:29:11 UTC 2010


Hi,

Yes, this is true.  It explains the law, but we now need to close the
circle, somehow.

Warmest regards,

Fred

-----Original Message-----
From: nfbmi-talk-bounces at nfbnet.org [mailto:nfbmi-talk-bounces at nfbnet.org]
On Behalf Of joe harcz Comcast
Sent: Saturday, November 13, 2010 4:15 PM
To: NFB of Michigan Internet Mailing List
Subject: Re: [nfbmi-talk] long but very important memo

This goes to the obligations of the one-stops and part of MCB's Title I (VR 
requirements are to ensure accessability). Moreover, he in MCB doesn't even 
follow the effective communications requirements herein with MCB clients....

I'll write more later, but this also goes to retaliation and that goes at 
very lleast to Christine's firings if not others.

Regardless he also knows or should know of ADA violations throught as he is 
ADA coordinator, former chair of the U.S. Access Board and it is a 
requirement to know ADA/504 and other federal civil rights laws in his job 
description.

Peace,

Joe
----- Original Message ----- 
From: "Fred Wurtzel" <f.wurtzel at comcast.net>
To: "'NFB of Michigan Internet Mailing List'" <nfbmi-talk at nfbnet.org>
Sent: Saturday, November 13, 2010 4:05 PM
Subject: Re: [nfbmi-talk] long but very important memo


Hi Joe,

How does this show that Cannon knows of and ignores violations?  I would
like to find that proof.

Warmest Regards,

Fred

-----Original Message-----
From: nfbmi-talk-bounces at nfbnet.org [mailto:nfbmi-talk-bounces at nfbnet.org]
On Behalf Of joe harcz Comcast
Sent: Saturday, November 13, 2010 2:21 PM
To: nfbmi-talk at nfbnet.org
Subject: [nfbmi-talk] long but very important memo

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.

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 3.2 Notice Requirements for Customers, Consumers, and Workforce Partners

 All individuals, partners, and entities seeking to access programs
administered through

the state's workforce investment system must be provided written notice that
highlights

the grounds on which discrimination is prohibited; summarizes the process
for filing a

complaint; and lists the name of the person(s) designated by the recipient
to receive

complaints and/or complaint-related inquiries. Such notice must be
disseminated to:

 . All registrants, applicants, and eligible applicants/registrants;

 . Participants;

 . Employees and applicants for employment;

 . Service Centers, provider agencies, vendors, and other entities that
receive or

submit an application to receive state or federal contract or grant funding;


 . Unions and professional organizations holding collective bargaining
and/or

professional agreements; and

 . Members of the general public, including individuals with impaired vision
and

hearing.

 For programs funded under Title I of WIA, the notice must contain the exact
wording

specified by USDOL at 29 CFR§37.30. Recipients may use downloadable versions
of

the WIA notice format to customize the document for local use and are
encouraged to

utilize multi-media tools produced by DELEG to communicate the USDOL notice
to

individuals with disabilities and customers who may be limited English
proficient. For

other state/federal initiatives, recipients are to develop a general notice
that contains

required compliance elements and is, to the extent practicable, specific to
the bases on

which the funding agency prohibits discrimination.

 3.3 Documentation of Participant Receipt of the Notice

 The program files of individuals who are enrolled as participants in
workforce initiatives

must include verification of receipt of the EO notice. Recipients may comply
with this

provision by including in each participant file:

 . A signed copy of the full text of the notice; or

 . An agency designed acknowledgment form, signed by the participant,
confirming

receipt of the notice.

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 In cases where the notice is disseminated in an alternative format to meet
the needs of

participants with visual impairments, recipients must develop a means by
which to

document that notice was provided in an alternative format. Such
documentation must be

maintained in the participant file.

 3.4 Notice Requirements for Public Presentations and Orientation Sessions

 Orientation sessions held for program participants, new employees, and
others must

include a discussion of the universal access features of the state's
workforce investment

system and the recipient's commitment to EO in all aspects of service
delivery. Such

sessions must additionally reference rights extended under the EO and
nondiscrimination

provisions of programs, including the right to file a complaint of
discrimination at the

MWA, state, and/or federal level.

 3.5 Required State and Federal EO Posters

 All recipients must post the "Michigan Law Prohibits Discrimination" poster
issued by

the Michigan Department of Civil Rights and must comply with the posting
requirements

of each of the federal agencies granting workforce funding to their agency
by displaying

as appropriate the:

 . "Equal Opportunity is the Law" poster produced by DELEG to meet
regulatory

requirements imposed by USDOL,

 . "And Justice for All" poster required by the USDA, and

 . "Equal Employment Opportunity is the Law" poster published by the EEOC or
a

locally developed notice to meet the posting requirement established by HHS.


 Recipients of funding from USDOL are also strongly encouraged to post the

supplemental notice "Discrimination is Against the Law" disseminated by the
Civil

Rights Center to ensure that individuals are fully informed of their right
to file

discrimination complaints under WIA.

 3.6 Posting Requirements

 All required posters must be:

 . Displayed prominently and in reasonable numbers in administrative offices
and all

agencies where training and/or services are provided;

 . Hung in areas where employee notices are regularly posted; and

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 . Posted in languages other than English, where significant portions of the
eligible

population need information in alternative language formats.

 Required posters must be displayed in regulation size (13x17½) in all
public-viewing

areas. For administrative offices and employee bulletin boards, the standard
size

(8½x11) version of the notice may be utilized. To meet the USDOL posting

requirements, DELEG has published the state's version of the "Equal
Opportunity is the

Law" poster in Arabic, Chinese, English, Hmong, Russian, Serbo-Croatian,
Spanish, and

Vietnamese.

 3.7 Other Required Methods of Notice Dissemination

 In addition to displaying the posters, MWAs and their service providers
must assure that

a general statement of nondiscrimination is:

 . Disseminated in internal memoranda and other written communications;

 . Included in handbooks and manuals;

 . Included on all recruitment brochures, media messages, and other
materials

distributed to the public to describe agency programs, activities, and/or
participation

requirements;

 . Posted on internet sites and other electronic communication networks; and


 . Referenced on all employment notices, application forms, and related pre-

employment documents.

 Where space permits, it is recommended that recipients use an appropriate
full statement

of EO compliance and are encouraged to use language from their agency
mission or

official EO policy statement in complying with this requirement.

 3.8 Notice Requirements for Public Documents, Publications, and Media
Messages

 Where space is limited on program promotion and other selected agency
publications, the

notice requirement may be met through the use of EO taglines stating that
the agency is

an:

 . "Equal opportunity employer/program," and that  . "Auxiliary aids and
services are available upon request to individuals with

disabilities."

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 Documents that must carry an EO notice or the tagline(s), as appropriate,
include, but are

not limited to:

 . Agency Letterhead,

. Request for Proposals,

. Brochures and Pamphlets,

. Meeting Notices,

. Customer Program Application Forms,

. Employment Application Forms,

. Participant/Employee Recruitment Materials,

. Locally Developed Training Materials,

. PowerPoint Presentations Used for Public Presentations,

. Public Service Announcements/Advertising/Press Releases/Media

Messages/Broadcasts, and

. Other routine agency communications ordinarily released to the general
public.

 Where publications, program promotion materials, or other routine documents
lists a

telephone number where the recipient may be contacted for information
regarding agency

programs and services, the recipient must also provide a TTY or the Michigan
Relay

Center toll-free (1-800-659-3777) or 711 number.

 3.9 Notice Requirements for Internet and Electronic Communications

 For internet and other electronic communication sites, recipients have the
option of using

either the EO taglines or a customized statement that complies with the
intent of the

regulation. It is recommended that such notice be placed on a page or web
link where

general information regarding agency services is posted or where agency
contact

information is provided.

 3.10 People First Language

 All policies, publications, and other forms of both written and spoken
communications,

used in conjunction with programs and services offered through the state's
workforce

investment system, must use "people first" language that is inclusive and
respectful of the

disability community. Use of the term "handicapped" is unacceptable and may
not be

used.

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 3.11 Publication Standards for Photographs and Visual Illustrations

 MWAs and their recipients must ensure that publications, which include
photographs and

other visual illustrations, portray positive images of women, minorities,
and individuals

with disabilities engaged in a variety of workplace and skill training
capacities.

Recipients must also ensure that nothing suggests by text or illustration
that the recipient

treats any employee, applicant for employment, beneficiary, applicant or
participant

differently on any prohibited ground.

    PURPOSE: To disseminate state standards for ensuring universal access,
effective outreach

efforts, and promoting inclusion practices within the state's workforce
investment system.

 4.0 POLICY: MWAs and their recipients must provide universal access to
local programs,

implement practices to ensure effective outreach, honor diversity and
inclusion, and take

reasonable measures to ensure meaningful access to programs and services by
individuals

with limited English proficiency.

 UNIVERSAL ACCESS SERVICE REQUIREMENTS

 4.1 State Standards for Diversity, Inclusion and Universal Access

 The State of Michigan recognizes the value of diversity and is committed to
developing a

statewide culture that continuously promotes access, equity, and respect for
the differing

customs, abilities, and beliefs of people who seek workforce services. All
partners in the

statewide delivery network are expected to create service environments that
are

welcoming and responsive to the cultural values of the communities we serve.
MWAs

and their recipients, as part of the obligation to provide universal access,
must ensure that

members of both sexes, the various racial, ethnic, age groups, and
individuals with

disabilities are made aware of, and encouraged to participate in, agency
sponsored

programs and activities.

 In administering workforce initiatives, recipients are further encouraged
to:

 . Embrace the overall philosophy and implement, as locally deemed
appropriate, the

recommendations and best practices for ensuring a universally accessible
service

system outlined in the Michigan One-Stop Inclusion Workgroup Final Report;

 . Incorporate into all local programs, plans, policies, and practices
language that is

reflective of our shared vision for inclusiveness; and

 . Host or participate in special observances designed to enhance cultural
awareness

and celebrate the workforce contributions and achievements of protected and
ethnic

group communities.

 4.2 Respect for Religious Beliefs

 MWAs and their recipients must ensure that all prospective/active program
participants

and agency employees are not treated differently because of their religion,
religious

beliefs or lack thereof, and must:

   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.

  PART VI EQUAL OPPORTUNITY DATA COLLECTION AND RECORD

RETENTION REQUIREMENTS

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 6.3 Employment-Related Data Collection and Document Maintenance
Requirements

 MWAs and their recipients must collect and be prepared to provide the DELEG
and other

state/federal agencies with data and records to assess whether agency
employment

practices provide both job applicants and agency employees with equal
employment

opportunity. As part of document maintenance requirements, recipients must
maintain

written human resource/personnel policies and procedures as detailed in
policy standard

2.3 of this guide.

 6.4 Records of Recipient Agency Hiring Practices

 Recipient agencies must maintain a complete file that provides sufficient
information to

enable reconstruction of the process used in filling each employment vacancy
with the

agency. At a minimum the following information must be retained:

 . Copy of the vacancy announcement and/or job posting and the methods by
which

the vacancy was advertised;

 . The position description or other material developed in identifying the
essential

functions of the position;

 . The name, contact information, work history, resume, educational
background, and

the date of application for each person that applied for the position;

 . A demographic profile of the applicant pool that includes each job
applicant's

race/ethnicity, sex, age, and disability status, if known;

 . A description of the objective/subjective criteria used in the selection
process (such

as the selection criteria, any test instruments used/scores achieved, the
interview

questionnaire, and/or the selection rating procedures);

 . Copies of any correspondence written to, or received from, members of the


applicant pool; and

 . A copy of the written hiring recommendation for the selected candidate
and for

applicants not selected the reason for non-selection, and the names of
members of

the interview/selections committee.

 Recipients must also be able to document the manner in which the notice
required by

policy standard 3.2 was disseminated to applicants for employment.

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 6.5 Data and Record Maintenance Requirements for Employees

 MWAs and their recipients must ensure that, at a minimum, the following is
collected

and maintained for each agency employee:

 . The date of hire and position occupied;

 . The employees' race/ethnicity, sex, age, and disability status, if known;


 . Initial rate of pay, as well as the date and amount of any subsequent pay
increases;

 . Promotions received; the position, date, and amount of salary increase
associated

with the promotion;

 . Training received;

 . Performance evaluations; and

 . Any records of adverse employment actions, such as disciplinary action,

reassignment, demotion, layoff, or termination.

 MWAs and their service providers must also maintain on file a completed
Workforce

Analysis Profile and/or other written EO plans that address staff
utilization issues.

 6.6 Record Maintenance for the Provision of Employment-Related Services

 MWAs and/or their recipients that perform employment pre-screening or
hiring functions

as an employer service must ensure that the records and information
identified in policy

standard 6.4 is maintained on file to document the integrity of the
pre-screening/hiring

service provided.

 6.7 Clarification Regarding Voluntary Disclosure of EO Demographic
Information

 In implementing systems practices to collect the demographic information
required by

this policy, recipients are reminded that disclosure of such information is
voluntary.

Recipients have the obligation to provide notice of the voluntary nature of
such

disclosures on program forms, employment applications, and other documents
that seek

to collect demographic information. Such documents must include a brief
explanation of

the reason why EO information is being requested and provide assurance that
failure to

disclose demographic data will not subject individuals to any adverse
treatment in

seeking to access services or employment opportunities.

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 6.8 Confidentiality

 Recipients are required to implement systems and practices to safeguard the


confidentiality of EO data and to prevent the improper use of such
information. EO data

collected and maintained by local agencies is to be used only for the
purposes of:

 . Recordkeeping, reporting, and determining, as applicable, program
eligibility;

 . Determining the extent to which recipients are operating programs and
activities in

a nondiscriminatory manner; and

 . Other uses authorized by federal grant agencies and/or the EO
regulations.

 The confidentiality requirements for general EO program data do not
necessitate that

separate or locked filing systems be maintained. MWAs and their recipients
will have

met this requirement as long as reasonable measures have been taken to
ensure that data

and other EO records are stored in secure locations and are not available to
individuals

who are not authorized to have access.

 6.9 Other Data Records and Federal Reporting Requirements

 Recipients must comply with all other record or special EO data requests
that may be

required by federal civil rights enforcement agencies. Practices must also
be in place to

ensure compliance with the notification of administrative
enforcement/lawsuits

provisions required by policy standard 2.15 and to maintain, if applicable,
the

discrimination complaint log required by policy standard 7.21.

 6.10 Record Retention

 All applicant, eligible applicant, participant, terminee, applicant for
employment,

employee records (including records related to the provision of reasonable

accommodations), and other EO management/program-related documents and
reports,

must be maintained for a period of not less than three years from the close
of the

applicable program year. Records regarding complaints alleging violations of
the

nondiscrimination and EO provisions of WIA and other grant programs, as
outlined in

policy standard 7.22, must be maintained for a period of three years from
the date of

resolution of the complaint.

     PURPOSE: To outline discrimination complaint processing requirements
and to disseminate

the uniform complaint procedures adopted by DELEG for the state's workforce
investment and

One-Stop delivery system.

 7.0 POLICY: MWAs must implement internal mechanisms to ensure compliance
with all

notification, complaint handling, and file documentation requirements
established by the

state and must follow the state's uniform procedures in the event a
complaint of

discrimination, seeking review and resolution under these procedures, is
filed with their

agency. MWAs that fail to follow these procedural mechanisms may be subject
to

sanction in accordance with procedures outlined in Part IX of this guide.

 STATE ADMINISTRATIVE MANAGEMENT PROVISIONS

 7.1 State Approach to Discrimination Complaint Processing

 To ensure the prompt and equitable resolution of complaints at the lowest
administrative

and service delivery level possible, DELEG has adopted a decentralized
complaint

processing structure. MWAs are allocated half of the state's 90-day
processing period, or

45 calendar days, to resolve complaints in accordance with the state's
uniform

complaint procedures.

 In administering this process, MWAs must assign primary responsibility for

discrimination complaint review, investigation, and resolution to the
agency's designated

EO Officer. DELEG will provide the local Officer consultation, compliance
assistance,

and intervention services, as may be necessary and will grant reasonable
extensions of the

processing period in the event the MWA is unable to resolve complaint issues
within the

45-day processing period.

 7.2 Standards for Complaint Referral to MWAs for Resolution

 DELEG will generally refer to the MWA all complaints initially filed with
the

department that fall within the LWIA's service delivery network. BWT may
make

exceptions to this policy and retain jurisdiction for direct processing of a
complaint at the

state level in cases where:

 . Allegations are filed against the Workforce Development Board, MWA
officials or

agency staff and the complainant (or their representative) raises issues
regarding

potential conflict of interest in the review and investigation of their
charges;  . Allegations represent unusually serious or egregious charges
warranting state-level

review and examination;

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 . Allegations raise issues that might impact DELEG EO policy/practices; or
. DELEG has reason to believe that the MWA lacks the capacity to conduct a

thorough review of the charges in accordance with regulatory requirements
and the

state's uniform discrimination complaint procedures.

 In cases where jurisdiction is retained by the state, the MWA will be
provided notice of

this determination and will be informed and/or consulted regarding the
state's plan in

seeking review and resolution of the charges.

 7.3 Limitations on MWA Complaint Processing Authority

 These procedures do not grant and MWAs are prohibited from accepting or
processing

any allegations of discrimination filed against a DELEG or other state
employee stationed

at Service Centers or other local facilities. When allegations are made
against a State of

Michigan employee the MWA must immediately suspend any discussion of alleged


charges, notify the State EO Officer of the potential allegations and
provide the

complainant with contact information to refer the matter to the designated
State Officer.

 7.4 Incorporation of Alternative Dispute Resolution Processes

 MWA internal mechanisms for complaint processing must include provisions
for

alternative dispute resolution (ADR) or mediation as an option for complaint
resolution.

In adopting policy incorporating this provision, MWAs may specify the types
of

complaints for which mediation may not be appropriate or offered as a means
of

resolving complaint issues. Such criteria must be pre-determined and
reflected in agency

internal procedures.

 All ADR sessions must be conducted by an impartial mediator who is trained
in

mediation techniques and the principles of nondiscrimination and EO. MWAs
are

required to procure mediation services from qualified providers, unless the
MWA can

demonstrate that the agency has the capacity to administer the ADR component
through

existing agency resources. Documentation of such capacity, including a
written

description outlining the MWA's approach, must be submitted to DELEG for
review and

approval.

 All arrangements for mediation services must be pre-established and MWAs
must retain

written protocols which demonstrate its ability to activate ADR mechanisms
within a

reasonable standard of promptness. Internal procedures to manage the
logistical aspects

of the ADR process and record maintenance procedures (such as retention of a
signed

Resolution Designation Form, Agreement to Mediate, etc.) must also be
developed and

fully documented. MWAs, their Service Centers, and other providers must
further

publicize the availability of ADR services by making the Mediation Brochure,
published

by DELEG, readily available within the service network.

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 7.5 Prohibition Against Retaliation

 Intimidation and retaliation against any individual for having filed a
discrimination

complaint, opposed a discriminatory practice, furnished information,
assisted or

participated in any manner in a discrimination complaint investigation,
hearing or other

activity to secure rights protected by the nondiscrimination and EO
provisions of federal

programs is strictly prohibited. The sanctions and penalties outlined in
policy standard

9.2 may be imposed against the MWA and/or any recipient that either engages
in

retaliation or intimidation, or fails to take appropriate steps to prevent
it from occurring.

 PROCESSING PREREQUISITES

 7.6 Who May File

 Complaints may be filed by any person who believes that he or she, or any
specific class

of individuals, has been or is being subjected to discrimination on the
basis of race, color,

religion, sex, national origin, age, disability, political affiliation or
belief and for WIA

only on the basis of a beneficiary's citizenship status as a lawfully
admitted immigrant

authorized to work in the United States or on his or her participation in a
WIA Title I

financially assisted program or activity.

 Complaints may be filed by the affected individual, or by their authorized
representative.

Individuals wishing to file discrimination charges against a program or
activity that

receives federal financial assistance from DELEG must be given the option to
file under

the state's uniform procedures or directly with the federal agency with
civil rights

enforcement authority.

 7.7 Standards for Receipt of Complaints in Languages Other than English

 Complaints of discrimination filed by LEP customers, unless filed by the
complainant's

authorized representative as established in policy standard 7.9, are to be
submitted by the

complainant in writing in his/her primary language. All subsequent
interaction and

communications with the complainant must be conducted in accordance with
protocols

established in the MWA's language assistance plan and in a manner which
ensures that

the complainant can understand and effectively participate in all phases of
the

discrimination complaint process.

 7.8 Documenting Complaint Receipt

 All complaints of discrimination must be logged and assigned a complaint
number using

a locally designed complaint numbering system. MWAs must also notify DELEG
upon

complaint receipt to activate complaint tracking mechanisms at the state
level. The

notice must specify the workforce program, the nature of the complaint, and
is to be

e-mailed to BWT's EO Officer.

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 7.9 Complaint Content

 To be processed, a complaint must be submitted in writing and include:

 . The complainant's name and address or other means of contact,

 . The identity of the individual or entity that the complainant alleges is
responsible

for the discrimination,

 . A description of the complainant's allegations, in enough detail to
determine

whether the MWA has jurisdiction and if the complaint has apparent merit,

 . The date(s) the alleged discrimination occurred, and

 . The complainant's signature or the signature of the complainant's
authorized

representative.

 If the complaint does not contain all required elements, the MWA must seek
to obtain

missing/clarifying information from the complainant. Requests for
clarification must be

forwarded, in writing, to the complainant, providing ten days for receipt of
the

information. If missing information is not received within the ten-day
standard, the

MWA may close the complaint file and forward the complainant notice of such
action.

 7.10 Jurisdiction

 If a written discrimination complaint contains all required content
elements, the MWA's

EO Officer must review the complaint and make a determination as to whether
the MWA

has jurisdiction. In cases where jurisdiction is established, the MWA must
proceed with

the review and processing of the complaint in accordance with the procedures
outlined in

this section and is prohibited from referring the allegations to other civil
rights

enforcement agencies.

 If the MWA lacks jurisdiction, the agency must immediately notify the
complainant, in

writing, of that determination. The notification must include a statement
regarding the

reasons for reaching the determination and, where possible, include referral
to an

appropriate state or federal agency with complaint processing authority.
Where an

appropriate referral source is unknown, the notice must specifically state
that the

complainant has 30 days from the date the Notice of Lack of Jurisdiction was
received to

file with the USDOL's Civil Rights Center.

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 7.11 Timelines for Filing

 Complaints must be filed within 180 days of the alleged discrimination,
unless the federal

agency with civil rights oversight authority extends the filing deadline for
good cause

shown. If the 180-day standard is not met, the MWA must notify the
complainant, in

writing, that the complaint cannot be processed by the MWA and must advise
the

complainant of the process for filing a request for extension with the
appropriate federal

agency.

 PROCESSING REQUIREMENTS/RESOLUTION

APPROACHES AND CORRECTIVE ACTION

 7.12 Notification of Complaint Receipt

 If all pre-processing elements are met, the MWA/local EO Officer must
analyze issues

detailed in the complaint and provide the complaining party with a written
notification.

The notice must:

 . Acknowledge complaint receipt and notify the complainant of their right
to be

represented in the complaint process;

 . Include a listing of the issues raised in the complaint;

 . Specify, for each issue raised, whether the MWA will accept or reject the
issue for

investigation;

 . Outline, for each issue rejected, a discussion/explanation of the reasons
for the

rejection; and

 . Provide, if issues have been accepted for review, information regarding
complaint

resolution options and the availability of ADR. The mediation brochure
published

by DELEG is to be used for this purpose.

 In cases where none of the issues raised in the complaint will be accepted
for

investigation, the notice required by this section must advise the
complainant of their

right to request a state level review of the local determination, as
provided in policy

standard 7.17 of these procedures.

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 7.13 Timeline for the Issuance of the Notice of Complaint Receipt

 The MWA is expected to complete the review of complaint issues within ten
days of

receipt of the complaint. If the issues raised will require more than ten
days to analyze

and determine the MWA's response, the complainant must, at a minimum, be
forwarded

an acknowledgement of complaint receipt, within the ten day standard. The
letter must

indicate that the MWA is in the process of reviewing issues raised in the
complaint and

must specify a date by which the complainant will be notified of the MWA's

determination.

 7.14 Selection of Resolution Approach

 The choice as to whether the MWA uses its ADR or fact-finding procedures in


processing a complaint of discrimination is a matter of complainant choice.
The

complainant is to be given ten days to notify the MWA/local EO Officer of
the manner in

which they elect to resolve the dispute. If notice is not received within
this period, the

complainant forfeits the opportunity for mediation and the MWA must proceed
with a

fact-finding investigation.

 7.15 Obligation to Notify Respondent Party

 After the resolution approach has been selected, the MWA must notify the
respondent(s)

and/or other entities/parties involved of the nature of the alleged
act(s)/incident(s) of

discrimination that have been accepted for investigation and the approach
the MWA will

use to review and resolve complaint. The notification must specifically
reference that

any form of retaliation or intimidation because a complaint of
discrimination has been

filed is prohibited.

 7.16 Resolution through Mediation

 If the complainant elects ADR, the MWA/local EO Officer must schedule/refer
the

complainant and respondent to mediation in accordance with local procedures.
Where

the mediation is successful and results in the negotiation of a written
settlement

agreement, signed by the mediator and all parties involved, the MWA must
issue the

Notice of Final Action. The notice must include:

 . A description of the way the parties resolved the issue, and

 . A statement reminding the parties of options available in the event there
is a breach

of the negotiated agreement.

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 For mediation sessions conducted for USDOL programs, the notice must
specifically

reference that the non-breaching party may file a complaint with the CRC
Director within

30 days of the date the party learns of the alleged breach.

 In cases where ADR was attempted, but unsuccessful, the MWA must
immediately notify

the DELEG and forward the original signed complaint to the state's EO
Officer for

review and possible investigation by the DELEG during the time remaining in
state's 90-

day processing period. The MWA must notify the complainant, in writing of
this action.

 7.17 Resolution through Fact-Finding

 If the complainant elects to have their allegations investigated and
resolved through a

fact-finding process, the MWA/local EO Officer must conduct the
investigation in

accordance with local procedures that must include provisions for varying
investigative

approaches and techniques based on the nature and complexity of the
allegations. MWAs

are not required, but may at their option, incorporate local hearing
processes into local

resolution procedures. If hearings are provided, the MWA must maintain
internal

procedures governing the hearing process.

 At the conclusion of the investigative process, the MWA must issue the
"Notice of Final

Action-Local Recipient Level" to distinguish the local (initial)
determination from any

subsequent notice that may be issued by the DELEG in the event of a
state-level review.

The notice must contain:

 . The MWA's decision on each issue accepted for investigation;

 . An explanation of the reasons underlying each decision;

 . Notice of the complainant's right to request a state-level review of the
local

determination; and

 . Reference to successive steps that may be available after State of
Michigan

remedies have been exhausted, by filing with the federal agency with civil
rights

enforcement authority.

 In addition to the Notice of Final Action-Local Recipient Level, MWAs are
required to

prepare a written Report of Findings to document the local investigative
process.

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 7.18 Opportunity for State Review of the Local Determination

 Individuals whose complaints are investigated through fact-finding, who
disagree or are

dissatisfied with the MWA's resolution, may request a state-level review of
the local

determination. All such requests must:

 . Be filed with BWT within ten days of receipt of the MWA's written
determination,

and

 . Include a brief signed statement of the issues which remain in dispute or
a

discussion of why the complainant is dissatisfied with the MWA's resolution.


 Requests for state level review are to be submitted to BWT's EO Officer.

 7.19 Standards for Corrective Action

 Where allegations of discrimination are substantiated through the
investigative process,

MWAs must initiate actions to (i) completely remedy any adverse action
experienced by

the complainant (retrospective or "make whole" remedies) and (ii) correct
any technical

violations or EO management deficiencies to ensure that discrimination or EO
violations

do not reoccur (prospective remedies). Such remedies may include, but are
not limited

to:

 . Restoration of workforce services discriminatorily denied;

 . Hire, reinstatement, retrospective seniority, promotion, or payment of
wages and

benefits (i.e. back pay with interest, front pay, or other monetary relief)
for which

the complainant may be entitled (monetary relief cannot be paid with federal


funds);

 . Repeal or modification of policies/procedures shown to be discriminatory;
. Adoption of new EO policies, service protocols, and other curative and
preventive

measures, as may be warranted, to ensure that cited violations do not
re-occur; and

 . Provision of EO diversity or other compliance-specific training, as
appropriate for

staff, Service Centers, service providers and other partner agencies.

 In cases where the MWA is unable to secure voluntary compliance to correct
findings of

discrimination, the MWA must initiate sanction proceedings against the
recipient agency

in accordance with local procedures developed in compliance with
requirements

established in policy standard 2.14 of this guide.

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 REPORTING/RECORD MAINTENANCE AND OTHER

COMPLAINT RELATED OBLIGATIONS

 7.20 Complaint File

 MWAs must maintain on file a detailed factual chronology of all contacts
and discussions

held in response to discrimination complaints received by the agency.
Actions taken with

respect to the logistical aspects of the ADR process and each interview,
meeting, and

official action taken during a fact-finding investigation must be
documented. All

correspondence required in carrying out complaint-related functions are to
be forwarded

to the complainant (and other involved parties, as appropriate) by certified
mail.

 7.21 Complaint Log

 MWAs must maintain a discrimination complaint log that documents the
receipt and

disposition of complaints filed with their agency. The log must include, at
a minimum:

 . Name, address, or place to contact the complainant;

 . The date of receipt of the signed complaint;

 . An identification of the program or funding source under which workforce
services

were provided;

 . The grounds or basis for the complaint; and

 . A brief description of the complaint: the nature of the resolution and
the date of the

resolution.

 The log must be maintained as a confidential document and must be filed
with DELEG

upon request.

 7.22 Record Retention

 All records regarding discrimination complaints and actions taken must be
retained for a

period of three years from the date of the resolution of the complaint.
After expiration of

the retention period, it is recommended that the files, which may contain
confidential or

other sensitive information, be destroyed.

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 7.23 Publication Requirements

 MWAs must provide both public and internal notice of discrimination
complaint

procedures and the availability of ADR services. The public notice must
reference:

 . Who may file;  . Where to file, including notification of the right to
file directly with the responsible

federal agency;  . When to file;  . Content elements to be included in a
complaint; and  . The right to representation during the complaint process

 Provisions regarding the prohibition against retaliation, contact
information for the local

EO Officer, and an invitation to informally resolve the complaint prior to
official filing

must also be included in the notice. A standard template of DELEG required
compliance

elements for the required publication is available for use by MWAs or
agencies may

publish their own procedures overview and related forms/materials to meet
this

requirement. MWAs that release information regarding the agency's
discrimination

complaint, programmatic grievance, or Employment Service complaint process
in a

single publication must ensure that processing time lines and other
variances between the

three processes are clearly delineated.

 7.24 Complaint Filing Forms and Related Materials

 MWAs are also responsible for ensuring that discrimination complaint forms,
Privacy

Act Consent forms, and other documents used in conjunction with filing a
discrimination

complaint with the state and/or the civil rights offices of USDOL, HHS and
the USDA

are readily available at all local Service Centers and provider agencies.
All documents

outlining MWA discrimination complaint procedures are to be made available
to

individuals seeking such information immediately upon request. Recipient
agencies

must further assure that such documents are available in alternative
formats, accessible to

individuals with disabilities and to persons who speak languages other than
English.

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 7.25 Confidentiality

 All complaints of discrimination must be handled as confidentially as
possible to protect

the rights of all parties involved. In processing complaints, EO Officers
must keep the

following information confidential:

 . The fact that a complaint has been filed;

 . The identity of the complainant;

 . The identify of individual respondent(s) to the allegations; and

 . The identity of any person(s) that furnished information relative to, or
assisted in a

discrimination complaint investigation.

 In cases where it is necessary to disclose the identity of a complainant,
the MWA must

implement measures to protect the complainant from retaliation.

 7.26 Other Complaint Related Obligations

 MWAs must adopt internal systems and practices to ensure compliance with
these

requirements. As with all EO procedures, MWAs must ensure that the EO
Officer

responsible for managing the discrimination complaint process and any staff,
who may

assist the EO Officer with the investigative process, has received
appropriate (i.e.,

discrimination complaint/investigative techniques/theories of
discrimination) training.

 MWAs must also ensure that EO Liaisons and/or Complaint Coordinators at
Service

Centers and other recipient agencies are aware of their role in assisting
complainants in

understanding their options for discrimination complaint resolution and of
their duty to

direct complainants to staff responsible for managing the discrimination
complaint

process. Failure to comply with these processing guidelines may subject the
MWA to

sanctions, should DELEG determine that the MWA knowingly circumvented the
state's

uniform discrimination complaint procedures.

      PURPOSE: To notify MWAs of the monitoring and oversight functions
DELEG will utilize to

assess recipient compliance with the nondiscrimination and EO provisions of
workforce

programs and to describe the process by which corrective action for EO
noncompliance will be

secured.

 8.0 POLICY: DELEG will conduct periodic compliance, performance, and
specialized

reviews to assure the maintenance and effectiveness of required EO systems
and practices

and will issue written notice of EO compliance findings and recommendations
for the

implementation of voluntary and/or required corrective action measures.

 8.1 Compliance Reviews

 MWA administrative offices, selected Service Centers, and provider agencies
will be

monitored, on a routine basis, by the state EO Officer and/or other
designated DELEG

staff. The reviews, which will include both desk and on-site assessment
techniques, will

incorporate document/file reviews, facility assessments, and a series of
interviews with

the local EO Officer, key management staff, and individuals enrolled in
agency programs

and activities. The review will cover all facets of the EO management system
and will

specifically focus on:

 . Compliance with administrative obligations and general EO
responsibilities;

 . EO Officer functions;

 . EO policy/procedure development and training;

 . Universal access and local strategies for ensuring meaningful access for
persons

with limited English proficiency;

 . Compliance with Section 504 programmatic and architectural accessibility

requirements;

 . Local EO compliance review and statistical analysis processes, and

 . EEO compliance and staff utilization assessment.

 Service strategies, implementation methods, and outcomes achieved in
promoting

inclusion/diversity practices, nontraditional training, and equal employment
opportunities

will also be reviewed.

    PART VIII PROCEDURES FOR MONITORING EQUAL OPPORTUNITY

COMPLIANCE AND IMPLEMENTING CORRECTIVE ACTION

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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

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 . Engaging in retaliatory action and/or failure to take appropriate
measures to prevent

retaliation or intimidation against an individual who has filed a complaint
of

discrimination; opposed a practice prohibited by EO provisions or otherwise

participated in actions to secure protected rights.

 The determination that such violations have occurred typically will be made
during the

course of a discrimination complaint or special investigation. The decision
to impose

sanctions under this provision will be made as part of the resolution
process described in

Part X of this guide.

 9.3 Nature and Scope of EO Sanctions

 The nature and scope of sanctions to be imposed for EO noncompliance will
be

determined on a case-by-case basis, taking into consideration the
circumstances and

seriousness of the violation(s). Sanctions may include, but are not limited
to:

 . Mandated staff and/or recipient/service provider training and technical
assistance to

address EO compliance deficiencies;  . Mandatory revision to the MWA's EO
management system such as changes to

monitoring procedures, outreach/recruitment mechanisms, the EO management

plan, and/or Service Center/provider agency/vendor selection processes;

 . Reduction or temporary withholding of financial assistance, in whole or
in part, to

the MWA/grant recipient or to a another entity under contract with the LWIA;
. Deferment of an incentive award to the MWA/grant recipient until EO
violations

are corrected or identified management weaknesses are improved;

 . Forfeiture of the MWA/grant recipient's eligibility to receive an
incentive award,

discretionary and/or deobligated funds which may become available by formula
or

request; or

 . Termination of federal funding to the MWA/grant recipient or to another
entity

under contract with the LWIA.

 9.4 Notice to Show Cause

 Prior to the initiation of sanctions, DELEG will transmit a Notice to Show
Cause to the

MWA/grant recipient and other local officials providing notification of the
violation.

The notice will include:

 . A description of the violation and a citation of the pertinent
nondiscrimination

regulatory provisions or state policy that has been violated;

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 . A summary of actions taken to date by the department to secure
compliance;

 . An identification of the possible sanction(s) to be imposed in response
to the

referenced violations;  . A review of corrective action necessary to achieve
compliance; and

 . A request for a written response to the notice.

 The MWA/grant recipient will have 30 days to respond to the notice and show
cause why

enforcement proceeding under the nondiscrimination and EO provisions should
not be

initiated. If the MWA/grant recipient's response to the Show Cause notice
satisfactorily

addresses compliance issues, or successfully challenges the state's
authority/findings, the

case file will be closed, with no further action required.

 9.5 Notice of Pending Sanctions

 Where the recipient fails to show cause, or in cases where the state waives
the show

cause provision, DELEG will issue the MWA/grant recipient, the Workforce

Development Board Chair (WDB) and the Chief Elected Official (CEO) a Notice
of

Pending Sanctions. The notice will:

 . Include a description of the violation(s) and provide a specific
reference to the

nondiscrimination and EO provision(s) that have been violated;

 . Specify the corrective or remedial actions necessary to achieve
compliance and

describe the results that are anticipated;

 . Provide written notice announcing the nature, extent, and duration of
proposed

sanctions; and  . Require that a written response be submitted to the DELEG
within ten days of

receipt of the Notice of Pending Sanctions that expresses the MWA/grant

recipient's intent in response to the state's pending action.

 In cases where the MWA/grant recipient's response to the Notice of Pending
Sanctions

results in correction of the violation within the ten-day period or a
written commitment to

complete action(s) related to the violation by a date documented in a
conciliation

agreement, sanctions proceedings will be avoided. When all agreed upon
actions are

implemented, the case file will be closed, with no further action required.

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 9.6 Opportunity for Mediation/Hearing

 Where the MWA/grant recipient does not indicate intent to move into
voluntary

compliance in response to the Notice of Pending Sanctions, or disagrees with
DELEG's

proposed sanction(s), the MWA/grant recipient may request a mediation
hearing prior to

the expiration of the ten-day period established in the Notice of Pending
Sanctions. The

request for the mediation hearing must include:

 . Any admission or denial of each finding of noncompliance identified by
DELEG,

and/or

 . An explanation why specific sanction(s) proposed by the state should not
be

imposed.

 The request for mediation hearing must be submitted to the attention of the
Director,

BWT. Upon receipt of the request, DELEG will schedule a mediation hearing,
to be

conducted by an impartial third-party facilitator, within reasonable notice
to all parties

involved.

 If the MWA/grant recipient fails to request a mediation hearing by the
stated deadline,

the agency automatically waives the right to a mediation hearing and the
findings cited by

the department will be considered admitted. DELEG will immediately initiate
actions to

impose the sanctions proposed in the Notice of Pending Sanctions.

 9.7 Resolution through Mediation/Hearing or State Agency Determination

 In cases where a mediation hearing resolves outstanding compliance issues,
a written

settlement and/or conciliation agreement will be negotiated. The state may
or may not

impose sanctions as part of this process.

 If a mediation hearing is held, but does not result in an agreement for
voluntary

compliance and/or the negotiation of alternative sanctions, the hearing
facilitator and the

BWT will make independent recommendations to the DELEG executive office as
to the

course of action that should be taken and/or the sanctions that should be
imposed in

resolving the dispute. The DELEG Director, on behalf of the Governor, will
make the

final determination in resolution of the matter and will determine the
nature and extent of

any sanctions to be imposed. The decision of the DELEG Director will
represent the

final state action in response to the matter and the case file will be
closed upon the

MWA/grant recipient's satisfactory completion of remedial measures imposed
in the

state's final directive.

      PURPOSE: To describe the process that will be used to resolve adverse
findings resulting from

allegations of discrimination investigated by DELEG.

 10.0 POLICY: DELEG is committed to ensuring that the department carries out
its

obligations for the resolution of findings identified through the
investigation of

allegations of discrimination in a fair and impartial manner. When an
adverse

determination is made, the MWA/grant recipient will be invited to engage in
conciliation

and will be provided an opportunity for hearing to contest any disputed
findings.

 10.1 Protocol For the Resolution of Claims of Discrimination

 As established in the MOA and policy standard 2.17, the state will direct
all actions

related to findings of discrimination and other adverse EO determinations to
the

MWA/grant recipient for resolution. Where such findings occur below the

LWIA/administrative agency level, the MWA must provide the affected
recipient with an

opportunity to respond to the findings through local level procedures,
developed in

compliance with state policy.

 10.2 Notification of Investigative Findings

 In cases where the DELEG conducts a discrimination complaint or special
investigation

and finds reasonable cause to believe allegations of discrimination, the
state will issue a

written Notice of Final Action or Letter of Findings that will:

 . Summarize each issue or area of concern that was examined as part of the

investigation;

 . Provide an explanation of the reasons underlying the reasonable cause

determination;

 . Identify any EO policy/technical violations detected during the course of
the

investigation;

 . Highlight the general scope of corrective and remedial action(s) proposed
by the

department to address the finding(s); and

 . Provide the MWA/grant recipient with 30 days from receipt of the Notice
of Final

Action or Letter of Findings to notify DELEG of the MWA/grant recipient's
initial

response and/or intent to engage in voluntary compliance negotiations.

   PART X PROCEDURES FOR ADDRESSING ADVERSE FINDINGS

RESULTING FROM A CHARGE OF DISCRIMINATION

EQUAL OPPORTUNITY POLICY GUIDE

____________________________________________________________________________
__

 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.

 EQUAL OPPORTUNITY POLICY GUIDE

____________________________________________________________________________
__

 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

 EQUAL OPPORTUNITY POLICY GUIDE

____________________________________________________________________________
__

 . 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;

 EQUAL OPPORTUNITY POLICY GUIDE

____________________________________________________________________________
__

 . 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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