Current through all regulations passed and filed through March 18, 2024
(A) Definitions as used in this rule.
(1) "Beneficiaries" means applicants,
registrants, participants, recipients, subrecipients, service providers, labor
unions, joint labor unions, joint labor management committees, and
community-based organizations for services, assistance, and other benefits
administered by local workforce development areas.
(2) "Local workforce development area" has
the same meaning as "local area," which is defined in WIOA section 3(32) as a
local workforce development area designated under WIOA section 106.
(3) "Local workforce development area
contractor" means any governmental or non-governmental entity that receives
funds from the local workforce development area, whether directly or
indirectly, to provide WIOA-funded services, assistance, or benefits to
individuals or that performs duties or activities for the local workforce
development area pursuant to a contract, grant, or other agreement.
(4) "Limited English
Proficiency" means any person or group of persons who
cannot speak, read, write, or understand the English language at a level that
allows the person or group of persons to meaningfully communicate with local
workforce development areas or local workforce development area
contractors.
(B)
Compliance.
(1) For purposes of WIOA, no
person(s) shall, on the grounds of race, color, national origin, disability,
age, gender, religion, citizenship, political affiliation or belief, or
beneficiary or participant status, be excluded from participation in, be denied
or delayed the benefits or services of, or be otherwise subjected to
discrimination under any program, service or benefit authorized or provided by
the Ohio department of job and family services (ODJFS), or a local workforce
development area.
(2) The local
workforce development area and its contractors shall operate each program or
activity so that when viewed in its entirety, each program or activity is
readily accessible to persons with disabilities and provides meaningful access
to persons with limited English proficiency. This shall include, but not be
limited to, making the physical facilities accessible to persons with
disabilities and providing interpreters at no charge to those beneficiaries who
are limited English proficient and providing reasonable
accommodations for the visually or hearing impaired.
(C) Responsibilities of ODJFS and
local workforce development area with regard to discrimination complaints.
(1) ODJFS shall administer nondiscrimination
laws, rules, and regulations through the methods of administration outlined in
this rule.
(2) The ODJFS bureau of
civil rights (ODJFS-BCR) is responsible for the following:
(a) Investigating all complaints of
discrimination arising under paragraph (B) (1) or (B)(2) of this
rule.
(b) Preparing compliance
reports for submission to the United States department of labor, civil rights
center (DOL, CRC).
(c) Providing
instructions and guidance to the equal opportunity officer at the local
workforce development area in all aspects of implementing the civil rights laws
and the processing of complaints.
(d) Advising and recommending actions that
will remedy noncompliant areas.
(e)
Conducting compliance reviews of the local workforce development area and local
workforce development area contractors.
(f) Acting as liaison between ODJFS and DOL
for issues relating to civil rights.
(3) The director of the local workforce
development area has the responsibility of implementing and enforcing civil
rights laws, rules, and regulations within its service system, which includes
local workforce development area contractors. The local workforce development
area is responsible for the following:
(a)
Developing a civil rights plan, limited English proficiency plan, and Americans
with Disabilities Act (ADA) plan to ensure that the local
workforce development area and the local workforce development area contractors
comply with this rule and the civil rights laws, rules, and
regulations.
(b) Appointing an
equal opportunity officer (EOO) under the following conditions:
(i) The local workforce development area
shall appoint an employee of the local workforce development area who is
familiar with WIOA non-discrimination provisions (29 C.F.R. 38) , Title VI of
the Civil Rights Act of 1964, the Americans with Disabilities Act (1990), and
other pertinent civil rights laws that may apply to the local workforce
development area or local workforce development area contractors.
(ii) Depending on the size of the local
workforce development area and the number of applicants, registrants and
participants served by the local workforce development area, the EOO may be
assigned other duties. However, the EOO may not have other responsibilities or
activities that conflict with, or that appear to conflict with, the EOO's
primary responsibilities.
(c) Appointing an EOO who shall be expected
to perform the following responsibilities:
(i)
Attending ODJFS approved civil rights training within six months of becoming
the EOO, and attending training updates as required by the
department;
(ii) Providing input to
management to promote civil rights in service delivery, and discussing civil
rights complaints, issues, and reports of compliance activities with the local
workforce development area or its contractors;
(iii) Maintaining essential compliance
records and files, including client analysis data, staff training records,
confidential complaint files and accommodation requests;
(iv) Reviewing written policies to make sure
that those policies are nondiscriminatory;
(v) Providing technical assistance or
referring staff to appropriate resources for technical assistance. Providing
annual training to all staff on civil rights in service delivery; and,
providing a similar civil rights training to new staff as part of their initial
orientations. Maintaining records (e.g, attendance rosters) of
training.
(vi) Disseminating civil
rights information to local workforce development area staff and local
workforce development area contractors, vendors, beneficiaries, and other
interested parties; and
(vii)
Acting as civil rights liaison between ODJFS, the local workforce development
area, local workforce development area contractors, beneficiaries, and
community groups or other organizations concerning civil rights in the delivery
of services.
(D) Complaints.
Any person may file a written complaint alleging discrimination
within one hundred eighty days from the date of the alleged discriminatory act.
Complaints can be filed with ODJFS-BCR or DOL, CRC. The local workforce
development area shall make available assistance in drafting and filing
complaints through the EOO. A complaint is deemed filed when ODJFS-BCR receives
a written statement sufficiently precise to identify the parties and to
describe generally the action or practices for which there is a complaint.
ODJFS discrimination complaint forms may be obtained from ODJFS-BCR or the
local workforce development area, but the use of any particular form is not
required for the proper filing of a complaint.
(1) Any complaint alleging discrimination
filed with ODJFS-BCR shall contain the following information:
(a) The full name and address of the person
making the complaint;
(b) The name
and address, if known, of the individual or entity against whom the complaint
is being made;
(c) The basis on
which the complainant believes the discrimination has occurred:
(i) Race;
(ii) Color;
(iii) Religion;
(iv) National origin;
(v) Disability;
(vi) Age;
(vii) Gender;
(viii) Citizenship;
(ix) Political affiliation or belief;
or
(x) Beneficiary, or participant
status;
(d) A statement
of the facts that the complainant believes indicate an unlawful discriminatory
practice; and
(e) The date or dates
of the alleged unlawful discriminatory practice; or, if the alleged unlawful
discriminatory practice is of a continuing nature, the dates between which said
continuing acts are alleged to have occurred.
(2) The complainant and respondent shall be
advised of the results of the investigation, after the completion of the
investigation. The complainant shall also be advised of the right to file a
complaint with any appropriate state or federal civil rights enforcement
agency.
(3) ODJFS-BCR shall
maintain records that show the nature of the complaint, the details of the
investigation, and the actions taken by ODJFS.
(E) Upon receiving a complaint alleging
discrimination, the local workforce development area shall do the following:
(1) Forward the complaint to ODJFS-BCR within
three working days of the date of receipt;
(2) Make all persons or papers pertaining to
a case being handled by ODJFS-BCR available at ODJFS-BCR's request, unless
doing so would violate state or federal law;
(3) Submit any information requested by
ODJFS-BCR not later than fourteen working days from the date of receipt of the
request unless otherwise agreed upon;
(4) Cooperate fully with ODJFS-BCR during the
course of any investigation;
(5)
Not initiate, conduct, or run concurrent investigation(s); and
(6) Not retaliate against the complainant or
any person(s) associated with any inquiry conducted by ODJFS-BCR.
(F) Notice.
The local workforce development area and local workforce
development area contractors shall have a written nondiscrimination policy that
effectively communicates to beneficiaries that the administration, services,
assistance, and other benefits of its programs are provided on a
nondiscriminatory basis. The local workforce development area and local
workforce development area contractors shall, in brochures, pamphlets, or
communications that are designed to notify the general public of its services
and programs, inform all that the services and programs are provided on a
nondiscriminatory basis as required by federal, state, and local civil rights
laws. As a result of the organization's commitment to civil rights, the local
workforce development area and its contract providers shall also do the
following:
(1) Provide notice to
beneficiaries, and employees with impaired vision and/or hearing, and
individuals who are limited English proficient that, if needed, an interpreter
or other reasonable accommodations will be
provided for them at no charge.
(2)
Post in conspicuous places, available to employees and applicants for
employment, notices stating that the local workforce development area and its
contract providers comply with all applicable federal and state
nondiscrimination laws. The local workforce development area shall, in all
solicitations or advertisements for employees placed by or on behalf of them,
state that all qualified applicants shall receive consideration for employment
without regard to race, color, national origin, disability, age, gender,
religion, ancestry, or veteran status. The local workforce development area
shall incorporate the requirements of this paragraph in all of its contracts,
grants and other agreements, and shall require all local workforce development
area contractors to incorporate the requirements of this paragraph in all
subcontracts and subgrants for work performed for or on behalf of the local
workforce development area.
(3)
Provide notice to beneficiaries of the right to file a complaint if they feel
that they have been discriminated against on the basis of race, color, national
origin, disability, age, gender, religion, citizenship, political affiliation
or belief, beneficiary, or participant status. The notice shall include the web
address, mailing address, fax number, and telephone number of
ODJFS-BCR.
(G) Remedial
action.
A local workforce development area or local workforce
development area contractor found to be in violation of this rule will be
notified in writing within thirty days after completion of the investigation or
review. Any action taken by ODJFS to bring the local workforce development area
into compliance with this rule will be done pursuant to section
5101.241
of the Revised Code. Examples of remedial action include but are not limited
to: corrective action plans or the withholding of funds. The local workforce
development area is responsible for compliance by local workforce development
area contractors. ODJFS may take action against the local workforce development
area pursuant to section
5101.241
of the Revised Code if the local workforce development area fails to obtain
compliance by the local workforce development area contractor.