Workforce
Investment Act Title I-B
Washington State Information Memorandum
SECTION C: General Administration
Grantees, subrecipients,
and contractors funded under the Workforce Investment Act, (WIA) whether
in whole or in part, must abide by the Workforce Investment Act of 1998,
the WIA Regulations, all applicable Office of Management and Budget (OMB)
Circulars, state regulations in laws and rules (Revised Code of Washington
and Washington Administrative Code), Office of Financial Management (OFM)
policies, and the Washington State WIA Policies.
| EFFECTIVE DATE: WIA POLICY NUMBER: SUBJECT: |
November 20, 2002 001-02 Determining Scope of Authority for Local Equal Opportunity Officers |
BACKGROUND | GUIDANCE | WEBSITE
| INQUIRIES
The purpose of this information memorandum is to clarify the scope of authority for local Equal Opportunity (EO) Officers to conduct compliance reviews and complaint investigations of partners in a Local One-Stop System and of WIA Title I financially assisted programs or activities. It applies to the Equal Opportunity Policies #3445 and #3450 that were submitted with the Methods of Administration document and any subsequent revised updates.
Local WDC EO Officers should conduct compliance reviews and complaint investigations for partners and/or client services’ contractors that receive WIA funding through the Workforce Development Council (WDC) and for any partner that provides client services at a One-Stop Center.
Any local One-Stop partner and/or contractor that receives WIA Title I funding through the WDC to provide client services as part of a One-Stop system, regardless of where that service is provided, must comply with the nondiscrimination and equal opportunity provisions of the WIA regulations. For example, WIA Title I client services are sometimes located at affiliate, extension, co-location, satellite or other sites. Sanctions for violations could include monetary penalties
Regardless of whether the partner receives WIA funding through the WDC to provide services at the Center, an entity in a one-stop center must also comply with the provisions. It is a condition of participation in the WorkSource System at the One-Stop Center that partners agree to adhere to all the non-discrimination requirements of WIA, Title I and 29 CFR Part 37, including compliance reviews and complaint investigations. In the event that a partner at the One-Stop Center does not receive WIA funds through the WDC, sanctions for violations could take the form of eviction.
If a partner does not receive WIA Title I funding through the WDC and does not provide services at the One-Stop Center, the WDC EO Officer does not have jurisdiction, and should neither conduct compliance reviews, nor investigate discrimination complaints.
The WDC EO Officer should, however, refer any client or employee who makes a complaint to any available enforcement agency that has jurisdiction. Furthermore, nothing precludes the WDC EO Officer from providing training, materials, consultation, or other technical assistance to these partners as resources allow.
If a One-Stop partner receives WIA funds directly from the Washington State Employment Security Department (ESD) without passing through the WDC, then the compliance reviews and complaint investigations will be conducted by the State EO Officer. The State EO Officer will also conduct compliance monitoring and complaint investigation for ESD partner programs (such as UI TeleCenters) that operate outside a local One-Stop center.
The WDCs may set up local referral agreements with other partners that receive federal funds with Title VI requirements that participate in local partnerships. In cases of Joint Jurisdiction, the local EO Officer will refer compliance monitoring and EO discrimination complaints to the other agency that has the federal grant authority.
In assessing jurisdiction for compliance monitoring and complaint investigation, a WDC EO Officer should determine whether s/he has authority to implement sanctions in the event of a violation. Sanctions may take the form of monetary penalties and/or eviction from property. If the WDC EO Officer determines that s/he does not have authority to implement sanctions, s/he should refer the complainant to an agency that does have enforcement authority.
http://www.wa.gov/esd/policies
DIRECT INQUIRIES
TO ONE OF THE FOLLOWING:
Glenda Burch, Program Coordinator
OR
Evelyn Rodriguez, State EO Officer
Employment Security Department
Employment Security Department
Employment and Training Division
Administrative Services Division
Workforce Investment Act – Title 1-B
P.O. Box 9046, Mailstop 6000
P.O. Box 9046, Mailstop 6000
Olympia, WA 98507-9046
Olympia, WA 98507-9046
Email: erodriguez@esd.wa.gov
Email: gburch@esd.wa.gov
Telephone: (360) 902-9534
Telephone: (360)
438-3263
Fax: (360) 902-9570
Fax: (360) 438-3174
OR
Kintu Nnambi
Employment Security Department
Administrative Services Division
P.O. Box 9046, Mailstop 6000
Olympia, WA 98507-9046
Email: knnambi@esd.wa.gov
Telephone: (360) 902-9530
Fax: (360) 902-9570