Methods of Administration MOA Element 2

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Methods of AdministrationMOA Element 2

• Notice and Communication

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Agenda

• Presentation Learning Objectives
• Presentation Key Requirements
• Activity Equal Opportunity Is The Law
• Presentation Notice and Communication
  Supporting Documentation
• Presentation States Implementation of
  Requirements for Notice and Communication

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Learning Objectives

• Explain the federal requirements for EO Notice
  and Communication under WIA
• Describe the required procedures for
  disseminating the Equal Opportunity is the Law
  Notice and Tag Lines
• Identify the acceptable documentation for EO
  Notice and Communication 
• Describe the States plan for complying with the
  EO Notice and Communication requirements under
  WIA

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Key Requirements ForNotice and Communication

• 1. 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 individuals right to file a
  discrimination compliant (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).

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Key Requirement 1 Provide Initial Continuing
Notice

• Must provide initial and continuing notice of
  nondiscrimination based on prohibited ground.

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Key Requirement 1 Provide Initial Continuing
Notice (cont.)

1. Must provide initial and continuing notice of
   non-discrimination based on prohibited ground

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• Read the
• Equal Opportunity Is the Law Notice
• In your Participant Guide
• Pages 2-5 to 2-6

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Key Requirement 1 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

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Key Requirement 1 Provide Initial Continuing
Notice (cont.)

• Identify EO Officer and Provide Contact
  Information
• Name
• Position title
• Business address, including e-mail address
• Telephone number, including TDD/TTY number

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Key Requirement 1 Provide Initial Continuing
Notice (cont.)

• Provide EO is the Law notice to all
  appropriate parties, including
• Registrants and applicants for services
• Participants
• Applicants for employment
• Employees
• Unions or professional organizations that hold
  CBAs or other professional agreements with the
  recipient
• Subrecipients that receive WIA Title I funds from
  the recipient
• Members of the public, including those with
  impaired vision or hearing

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Key Requirement 1 Provide Initial Continuing
Notice (cont.)

• Communicate the Notice Sufficiently
• Post the notice prominently in reasonable numbers
  and places
• Disseminate the notice in internal memoranda and
  other written or electronic communications
• Include the notice in handbook or manuals
• Give the notice to each participant and include a
  signed copy in each participants file

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Key Requirement 1 Provide Initial Continuing
Notice (cont.)

• Requirements for Providing Information
• Obtain signed notices for files
• Include nondiscrimination policy in all
  communications
• Avoid communicating discriminatory information
• Include the required tag lines in all relevant
  communications
• Include the TDD/TYY telephone number or relay
  service information
• Conduct an orientation session

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Key Requirement 1 Provide Initial Continuing
Notice (cont.)

• Requirements for Providing Information
• Obtain signed notices for files

• Include copy of signed notice in participants
  file
• Where files are kept in electronic format, devise
  a process to meet this requirement

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Question

• Where a recipient has an electronic process,
  what procedures might the recipient adopt to
  ensure that the individual receives and signs the
  notice?

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Key Requirement 1 Provide Initial Continuing
Notice (cont.)

• Requirements for Providing Information

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Key Requirement 1 Provide Initial Continuing
Notice (cont.)

• Requirements for Providing Information
• Avoid communicating discriminatory information

Recipient must not issue any communication that
suggests, by its text or illustration, that the
recipient treats beneficiaries, registrants,
applicants, participants, employees, or
applicants for employment differently, based on
any prohibited ground.
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Question

• Can you give examples of types of information
  that may not be communicated?

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Key Requirement 1 Provide Initial Continuing
Notice (cont.)

• Requirements for Providing Information
• Include required tag lines in all relevant
  communications

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Key Requirement 2 Provide Info on Individuals
Right to File Complaint (cont.)

• Requirements for Providing Information

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Key Requirement 1 Provide Initial Continuing
Notice (cont.)

• Requirements for Providing Information
• Include required tag lines in all relevant
  communications

A recipient that broadcasts program information
on the news media must recite the tag lines or
otherwise indicate that discrimination is
prohibited by federal law.
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Key Requirement 2 Provide Info on Individuals
Right to File Complaint (cont.)

• Requirements for Providing Information
• Include TDD/TYY telephone number or relay info
  anytime you say that recipient may be reached by
  phone

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Term to Know Auxiliary Aids or
Services

• Qualified persons, products, equipment, or
  services that effectively deliver materials to
• Individuals with hearing impairments
• Individuals with visual impairments

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Key Requirement 1 Provide Initial Continuing
Notice (cont.)

• Requirements for Providing Information
• Conduct orientation session to discuss
  individuals right to nondiscrimination equal
  opportunity and their right to file a
  discrimination complaint

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Activity Determining Proper Notice

• Purpose
• To determine whether a Notice meets the
  regulatory requirements
• Task
• You are members of the CRC on-site team that is
  being asked to determine if a One-Stops posters
  comply with the Notice and Communication
  requirements.
• Examine the poster in your Participant Guide. If
  necessary, edit the Notice to be consistent with
  the requirements.
• Come to a consensus regarding changes if any are
  required.
• Select a spokesperson from your group to share
  your findings.
• Time
• 15 minutes

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Key Requirement 2 Provide Info on Individuals
Right to File Complaint

• 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

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Key Requirement 2 Provide Info on Individuals
Right to File Complaint

• What the EO Is the Law Notice Communicates
• Who may file a complaint
• When a complaint may be filed
• Where to file a complaint
• Timeframes recipient has adopted to process a
  complaint

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Key Requirement 3 Provide Effective Notice to
Persons with Special Needs

• Effectively communicate the EO Is the Law
  Notice to persons with disabilities or special
  needs

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Key Requirement 3 Provide Effective Notice to
Persons with Special Needs (cont.)

• 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 recipients TDD/TYY telephone number
  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 recipients
  eligible population is made up of persons with
  limited English proficiency

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Questions

• What is TDD/TTY and why is its availability
  important in ensuring equal opportunity?
• What measures can be taken to meet the
  communication needs of persons with Limited
  English Proficiency?

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Supporting DocumentationNotice and Communication

• Regulations Implementing Section 188 of the
  Workforce Investment Act require that specific
  documentation be available in two areas

• Notice and Communication Policy
• Notices and Communications

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Supporting DocumentationNotice and
Communication (cont.)

• Notice and Communication Policy
• Copies of communications from the state
  instructing recipients on how to comply with
  Notice and Communication requirements
• Copies of agendas (including dates) of past and
  proposed EO briefings and EO training
• Copies of issuances or instructions that relate
  to Section 188 or 29 CFR part 37 policy issues
  such as
• Sexual harassment
• Reasonable accommodation
• Accessibility

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Supporting DocumentationNotice and
Communication (cont.)

• Notices and Communications
• Copy of the posted EO Is the Law Notice
• Copy of the Notice that includes info restate and
  sub-state level EO Officers, including their
  name, position title, business addresses, and
  telephone numbers
• Copies of Orientation materials showing that EO
  was discussed
• Copies of checklists of the contents of
  participant and employee files indicating that a
  signed copy of the Notice is included
• Copies of materials, such as recruitment
  brochures, showing that each includes tag lines
  and telephone numbers for TDD/TYY access or
  telephone relay services

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States Implementation of Notice and
Communication Requirements
To be addressed by the state specialist

• Policy communications and directives to LWIAs
  instructing recipients on how to comply with the
  Notice and Communication requirements of 29 CFR
  37
•  Procedures and systems that support the
  implementation of Notice and Communication
• Additional MOA requirements imposed by the state
  to implement the requirements of Notice and
  Communication

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Methods of AdministrationMOA Element 2

• Notice and Communication