Introduction to the Method of Administration

1. Introduction to the Method of Administration Elba Colón, Jessica Larkin U.S. Department of Labor Civil Rights Center Office of Compliance Assistance & Planning

2. What is the Methods of Administration? • Written document addressing each element with supporting documentation • Signed by the Governor • Gives a reasonable guarantee of compliance with Section 188 and 29 CFR Part 37.54

3. MOA Format • Narrative; and • Supporting Documentation.

4. What are the MOA Elements? 1. Designation of Equal Opportunity Officers 2. Equal Opportunity Notice & Communication 3. Assurances 4. Universal Access 5. Compliance with Disability Laws 6. Data Collection & Recordkeeping 7. Monitoring 8. Complaint Processing Procedures 9. Corrective Actions/Sanctions Procedures

5. Methods of AdministrationMOA Element 1 Equal Opportunity Officers

6. Equal Opportunity Officers Serve as individuals responsible for coordinating equal opportunity activities to fulfill Recipients’ obligations under the nondiscrimination and equal opportunity requirements of WIA (29 CFR §37.25)

7. Equal Opportunity Officer Responsibilities • Serves as liaison with Civil Rights Center • Conducts EO compliance monitoring and investigations (Analyses by race/ ethnicity, sex, age, and disability status to determine cause of significant differences); • Reviews written policies; • Develops and publishes procedures for discrimination complaint processes; • Develops and implements Methods of Administration • Reporting on EO matters directly to the top official

8. Methods of AdministrationMOA Element 2 Notice and Communication

9. Key Requirements ForNotice and Communication • The recipient must provide initial and continuing Notice that it does not discriminate on any prohibited ground (29 CFR 37.29-37.34). • The recipient must provide information that describes an individual’s right to file a discrimination complaint (29 CFR 37.30 and 37.36). • The recipient must effectively communicate the “Equal Opportunity Is The Law” Notice to individuals with disabilities and to other populations with special needs (29 CFR 37.31, 37.34 and 37.35).

10. Provide Initial & Continuing Notice • Identify EO Officer and Provide Contact Information • Provide “EO Is the Law” notice to All Appropriate Parties • Communicate the Notice Sufficiently

11. Provide Information on an Individual’s Right to File Complaint • EO is the Law • What to Do If You Believe You Have Experienced Discrimination • You may file a complaint with either: • Recipient • Person whom the recipient has designated for this purpose • Civil Rights Center (CRC)

12. Provide Effective Notice to Persons with Special Needs • Effectively communicate the “EO Is the Law” Notice to persons with disabilities or special needs • Provide notices in formats appropriate to persons with visual impairment • Provide appropriate auxiliary aid or service where necessary • Mention the recipient’s TDD/TYY or relay service whenever it is said that the recipient can be reached by phone • Ensure that persons with disabilities and other special needs can, if they so desire, obtain information on the availability and location of accessible services, activities, and facilities • Communicate, in the appropriate language, where a significant percentage of the recipient’s eligible population is made up of persons with limited English

13. Methods of AdministrationMOA Element 3 Assurances

14. Assurance Requirementsfor Recipients • Description of procedures established to ensure that their procurement & contracting officers incorporate the Assurances into all appropriate documentation, including grants, cooperative agreements, and contracts to carry out the programs and activities funded under WIA • Description of procedures they have established to ensure programmatic and architectural accessibility for individuals with disabilities

15. Supporting Documentation • Copy of Assurance pages of plans, contracts, and other agreements • Copy of memos or directives to contract managers advising them to include the required Assurances in the appropriate documents • Copy of checklists or other guidelines used by contract specialists, attorneys, or others who review contracts and agreements that indicate that nondiscrimination and equal opportunity are considered in the evaluation of such documents • Copy of procedures to review the ability of grant applicants and training providers seeking eligibility to comply with the nondiscrimination and equal opportunity provisions of WIA • Copy of WIA EO issuance (e.g., the general EO policy statement, the policy statement on sexual harassment, and the policy statement on religious accommodation)

16. Methods of AdministrationMOA Element 4 Universal Access

17. Key Requirement forUniversal Access • WIA recipients are required to provide universal access to all WIA funded programs and activities (29 CFR 37.42). • Universal Access - Ensuring that an equivalent level of: information regarding aid, benefits, services, and training is provided to all populations of eligible participants

18. Key Requirement forUniversal Access (cont.) Recipients must demonstrate a reasonable effort to include varying demographic groups in their WIA programs and activities, including: • Both sexes • Various racial and ethnic groups • Individuals with disabilities • Different age groups

19. Outreach & Recruitment Plans:What Reasonable Plans Include • Establishing procedures for listing job openings and available programs or service opportunities that reach the greatest number of the local service area population • Developing relationships with community organizations • Assigning staff and resources to carry out the outreach plan • Ensuring staff awareness of the outreach plan through training and orientation

20. Supporting Documentation:Universal Access • Copies of plans for targeting, outreach, and recruitment (state or local level) • Copies of criteria for determining priority of services • Copies of One-Stop operators’ universal access plans • Samples of brochures, posters, or Public Service Announcements

21. Methods of AdministrationMOA Element 5 Compliance with Federal Disability Laws

22. Compliance with Federal Disability Laws What Federal Laws Protect Applicants/Customers and Employees with Disabilities? Three relevant laws: Section 504 of the Rehabilitation Act of 1973 (29 CFR Part 32) WIA Section 188 ( 29 CFR Part 37) Americans with Disabilities Act Amendments Act of 2008 (ADAAA) (no implementing regulations published yet)

23. MOA Narrative Requirements • Describe how the State ensures that recipients: • Conform to the regulatory requirements not to discriminate on the basis of disability (29 CFR 32.12 (a), 32.26, and 37.7.) • Provide reasonable accommodation for individuals with disabilities (29 CFR 32.13 and 29 CFR 37.8) • Provide reasonable modification of policies, practices and procedures, as required (29 CFR 37.8)

24. The MOA should document how recipients: • Don’t discriminate based on disability • Provide reasonable accommodations / modifications • Provide services in integrated settings • Communicate effectively with people with disabilities • Provide architectural and programmatic accessibility • Regularly review selection criteria • Deal appropriately with medical and disability-related information (various regulatory requirements)

25. Methods of AdministrationMOA Element 6 Data and Information Collection and Maintenance

26. Key Requirement: Ensure a Properly Functioning Data Collection System About whom must data be collected? • Applicants • Registrants • Eligible applicants/registrants • Participants • Terminees • Employees • Applicants for employment

27. Key Requirement: Ensure a Properly Functioning Data Collection System What data must be collected? • Demographic information including: • Race/ethnicity • Sex • Age • Disability status, where known

28. Key Requirement: Provide Information to CRC Director • Recipients must collect the required data and provide them to the Director of the CRC upon request.(29 CFR 37.37).

29. Key Requirement: Maintain Data in a Confidential Manner • Implementing regulation 29 CFR 37.37 requires that data collected be maintained in a confidential manner.

30. Supporting Documentation:Data Collection and Maintenance • Instructions regarding information collection and access, and maintenance of records • Samples of policy issuances that discuss confidentiality of demographic information • Samples of reports regarding demographic information • Copies of the procedures used to ensure confidentiality of demographic information • Samples of formats and instructions, in hard copy and electronic file forms, of the Complaint Log

31. Methods of AdministrationMOA Element 7 Monitoring and Compliance

32. Monitoring Responsibilities • Each Governor must establish monitoring procedures (29 CFR 37.37): • System to periodically monitor all aspects of the recipients’ compliance with WIA • System to monitor compliance with the nondiscrimination and equal opportunity requirements under WIA Section 188

33. EO Monitoring Review System Must Include • Review of recipient’s compliance with administrative obligations • Notice and Communication • EO Officers • Assurances • Review of recipient’s compliance with MOA responsibilities • Review of programs and activities to determine whether discrimination is occurring

34. Periodic Monitoring ReviewMust Include • Analyzing recipient’s data and records (29 CFR 37-41) • Evaluating compliance with administrative obligations under the MOA. • Investigating significant differences across groups • EO Officers • Assurances • Notice & communication • Universal access • Data and information • Complaint processing procedures • Performance of recipient responsibilities assigned by state through MOA

35. Supporting Documentation: Monitoring • Policy & procedural issuances on required elements of the MOA • Monitoring instruments and instructions • Evidence of the extent to which nondiscrimination and EO policies have been developed and communicated as required • Information on the extent to which EO training has been carried out or is planned • Reports of monitoring reviews and reports of follow-up actions taken under those reviews where violations have been found, including appropriate sanctions • Notices made under Notice and Communication

36. Methods of AdministrationMOA Element 8 Complaint Processing Procedures

37. General Requirements • Each state must adopt and publish procedures for processing complaints alleging discrimination against any WIA recipient(29 CFR 37.77) • The Governor, LWIA, and the EO Officers are responsible for developing and publishing complaint procedures (29 CFR 37.77) • The EO Officer is responsible for ensuring that recipients follow procedures for processing discrimination complaints under29 CFR 37.76 – 37.79. (29 CFR 37.25 [d]) • The procedures must provide the complainant with the option to file with the recipient or directly with CRC.(29 CFR 37.71 and 37.76) • All recipients must comply with the complaint procedures.(29 CFR 37.77)

38. Required Elements • Initial written notice • Written statement of issues • Process for fact-finding • Alternative Dispute Resolution process • Written Notice of Final Action

39. Supporting Documentation • A copy of the state’s discrimination complaint procedures developed pursuant to the regulatory requirements of the regulations • A copy of directives, memoranda, or any other instruments used to inform recipients of the complaint procedures • A copy of the ADR procedures, if not included with the complaint processing

40. Supporting Documentation • Describe: • How the state will communicate policies, procedures and systems to all recipients • How the recipients have made, and will continue making, efforts to ensure proper complaint processing • How the state will support and evaluate the success of its recipients’ complaint processing efforts

41. Methods of AdministrationMOA Element 9 Corrective Actions and Sanctions

42. Key Requirements • Establish procedures for effecting corrective actions and applying sanctions, if needed, to ensure that resolution of any noncompliance can be enforced • Maintain & submit documentation to show that corrective actions and prospective relief plans are being implemented and maintained • Impose sanctions for violations that are not voluntarily corrected

43. Key Requirement • Take corrective action when there is probable cause to believe a violation has occurred and violation has been identified as a result of: • Monitoring review • Discrimination complaint • Both

44. Key Requirement • Take immediate corrective action; agree on plan if immediate corrective action is not possible: • Completely correct each violation • Establish minimum time frame to completely correct the violation • Institute follow-up monitoring procedures to ensure commitments to take corrective action and remedial action are being fulfilled • Provide written agreement or assurance to document corrective action taken or prospective relief planned

45. Key Requirement • State must have procedures in place to impose sanctions when all attempts to provide assistance to effect voluntary correction of a violation have failed or when it is apparent that the recipient fails or refuses to correct the violation within the timeframe established.

46. Supporting Documentation:Corrective Actions and Sanctions Regulations implementing Section 188 of the Workforce Investment Act require that the following documentation be available: 1.Copies of any policy memorandum or directives explaining corrective actions and sanctions 2. Copies of each instrument used to inform recipients of the state’s procedures regarding corrective actions and sanctions

47. Supporting Documentation • Policy communications and directives to LWIA’s instructing recipients on how to comply with the Corrective Actions and Sanctions requirements • State’s procedures for penalizing or censuring a non-complying recipient and a table of sanctions that may be applied • Additional MOA requirements imposed by the state to implement the requirements of Corrective Actions and Sanctions

48. CRC Information Web site: www.dol.gov/oasam/programs/crc/ Colon.elba@dol.gov Larkin.Jessica@dol.gov 202-693-6560 TTY: (202) 693-6515/16

49. CRC Information Web site: www.dol.gov/oasam/programs/crc/ Office of Compliance Assistance & Planning (202) 693-6501 Office of External Enforcement (202) 693-6502 TTY: (202) 693-6515/16