Jeanne B. MullgravJeanne B. MullgravCommissionerCommissioner

The Department of Youth The Department of Youth and Community and Community

DevelopmentDevelopment

The City of New York

DYCD’s Mission

Our mandate is to promote youth development and community development by funding a broad network of community-based organizations throughout the five boroughs. DYCD is committed to working with other government agencies, elected officials and concerned individuals to develop and implement creative initiatives tailored to the distinct needs of individual communities. We share Mayor Michael R. Bloomberg’s belief in the importance of efficiency, responsiveness and accountability.

EO-WIA Unit Mission

The EO-WIA Unit is responsible for insuring that each WIA grant applicant carries out the proscribed Methods of Administration, under the Workforce Investment Act, According to the Department of Labor Federal Register Part II, 29 CFR Part 37.

Ultimate Goal

Equal Opportunity

Is the

LAW

Method of Administration Elements 1 - 9

1. Designation of State and Sub-State Level Equal Opportunity (EO) Officers

2. Notice and Communication

3. Assurances

4. Universal access

5. Compliance with Requirements of the Americans w/Disabilities Act and Section 504

6. Data Collection and Maintenance

7. Monitoring for Compliance

8. Complaint Processing Procedures

9. Corrective Actions and Sanctions

Element 1 – Designation of State and Sub-State Level Equal Opportunity Officers

• Regulatory requirements: under 29 CFR 37.23 through 37.28 of the WIA nondiscrimination regulations, the recipient (except small recipients and service providers) must have a designated Equal Opportunity Officer (EO Officer) who meets the eligibility criteria and assumes prescribed responsibilities, such as monitoring, investigating, reviewing written policies, and undergoing training. Moreover, the recipient must satisfy prescribed general obligations relating to the EO Officer, such as making the EO Officer’s TDD/TTY number or relay number public, assigning sufficient staff and resources to the EO Officer, and ensuring training necessary and appropriate to maintain the EO Officer’s competency. 29 CFR 37.26. Also, under 29 CFR 32.7, recipients should also appoint at least one person to coordinate the recipient’s efforts to comply with documents regulation implementing Section 504 of the Rehabilitation Act of 1973. These regulations are found at 29 CFR 32.

Required Documentation: Designation Letter from Exec. DirectorEO Liaison’s Job DescriptionOrganizational Chart

Element 2 – Notice and Communication

• The recipient must provide initial and continuing notice that the law requires the recipient to operate its program and activities in a nondiscriminatory way; and that certain categories of persons and organizations, including members of the public, have certain rights, including the right to file discrimination complaints under certain circumstances. 29 CFR 37.29 through 37.36. Recipients must communicate the Notice to persons with disabilities in ways that are as effective as the ways in which it is communicated to other persons. 29 CFR 37.29(b). Recipients must also include specific “tag lines” in certain brochures and other materials and information distributed or broadcast to staff, clients or the public at large. 29 CFR 37.34 (a), (b). In addition, where certain materials indicate that a recipient may be reached by telephone, those same materials must provide the number for the TDD/TTY or relay service used by the recipient to communicate with people whose disabilities impair their ability to use voice telephones. 29 CFR 37.34.

Required Documentation: Orientation Schedule, Agenda & MaterialsNotice of RightsGrievance ProceduresMemo re: Staff to Handle ComplaintsDiscrimination Complaint ProceduresLimited English Proficiency Plan (if needed)

Element 3 - Assurances

• Each application for financial assistance under Title I of WIA, as defined in 29 CFR 37.4, must include the assurances at 29 CFR 37.20; the assurances may also be included by reference in each grant, cooperative agreement, contract or other arrangement.

Required Documentation: Contract

Element 4 – Universal Access

• The regulatory section associated with this Element, Section 37.42, requires recipients at all levels to “take appropriate steps” to ensure that they are providing universal access to their WIA Title I-financially assisted programs and activities. In essence, the term “universal access” as it is used in Section 37.42 means that all recipients must conduct outreach to members of various listed groups, including people with disabilities, in order to broaden the pool of those considered for participation or employment in the recipients programs and activities.Required Documentation: Recruitment Materials w/appropriate taglines

‘EO is the Law Poster’

The Taglines

< Agency name > is an equal opportunity employer/program

Auxiliary aids and services are available upon request to individuals with disabilities.

Element 5 – Compliance with Disability Requirements and Section 504

• The regulatory provisions under this Element require the recipient to prohibit discrimination in the registration for and provision of aid, benefits, services including core, intensive, training, and support services on the basis of disability, including the types of disabilities listed in 29 CFR 37.7.

Required Documentation: Reasonable Accommodations Policies & ProceduresRequest for Reasonable Accommodations FormNotification re: Section 504 and ADA responsibilitiesMemo re: Building Ownership (if applicable)Letter re: access to confidential filesResources available for sign language interpretation

Element 6 – Data and Information collection and maintenance

• Under this Element, all recipients must collect the data and maintain the records required by 29 CFR 37.37 (b) and (c), and also comply with the requirements of 29 CFR 32.15 (d) regarding confidentiality.Required Documentation: Customer Application (if applicable)

Customer File ChecklistList of WIA CustomersCustomer Handbook (if applicable)Notice of Rights (w/agency info)List of WIA EmployeesEmployee HandbookEmployment ApplicationEmployee file checklistDiscrimination Complaint Log

Element 7 – Monitoring for Compliance

• The regulatory provisions under this Element require the State to establish procedures for periodically monitoring all of its recipients, to ensure compliance with all aspects of the nondiscrimination and equal opportunity requirements of WIA Section 188 and 29 CFR 37. In addition, each recipient’s EO Officer is charged with monitoring and investigating the activities of the recipient, as well as those of the entities that receive WIA Title I financial assistance from the recipient, to ensure that those entities are complying with the WIA nondiscrimination and equal opportunity requirements. Each EO Officer must also review the recipient’s written policies to make sure those policies are nondiscriminatory.

Required Documentation: Contractor Self Analysis

Element 8 – Complaint Processing Procedures

• All recipients, regardless of level or size, must follow specific procedures for processing discrimination complaints. These procedures must comply with the requirements set forth in 29 CFR 37.70 through 37.80. The regulations also require the Governor to specify in the State’s MOA whether the State or the LWIA grant recipients within the State will be responsible for developing and publishing discrimination complaint processing procedures for the State’s recipients. The State is also required to monitor its recipients to ensure that the procedures are being followed.

Required Documentation: Memo re: Staff to Handle ComplaintsGrievance ProceduresGrievance FormDiscrimination Complaint ProceduresComplaint Information Form (CIF)

Element 9 – Corrective Actions and Sanctions

• Under this Element, the State is required to have a set of procedures for obtaining prompt corrective action, or, where necessary, imposing sanctions, where one of its recipients is found to be out of compliance with WIA Section 188 and the regulations. In the case of a finding of discrimination, the procedures must provide, where appropriate, for retroactive relief (including but not limited to back pay) and prospective relief (e.g., training, policy development and communication) to ensure that the discrimination does not recur.

Additional Required Documentation

• List of Program Linkages

• Program Contact Information Form

• Bona Fide Qualifications (BFQ)

Collaboration/Communication

New York StateDepartment of Labor

http://www.labor.state.ny.us/

Civil Rights Centerhttp://www.dol.gov/oasam/

programs/crc/crcwelcome.htm

New York CityDepartment of Youth andCommunity Developmenthttp://www.nyc.gov/dycd

Denise PilgrimLWIA EO Officer

Unit Motto

Jeanne B. MullgravJeanne B. MullgravCommissionerCommissioner

The Department of Youth The Department of Youth and Community and Community

DevelopmentDevelopment