Current through Register Vol. 63, No. 9, September 1, 2024
(1) The Employment Department will comply
with the equal opportunity and nondiscrimination provisions of Section 188 of
the federal Workforce Investment Act and 29 CFR part 37 with respect to all
programs and activities conducted as part of the Oregon One-Stop delivery
system. This includes staff and employment practices of the staff responsible
for implementing and administering the Workforce Investment Act's programs and
activities.
(2) Definitions: As
used in OAR 471-010-0070, unless the context
requires otherwise:
(a) "Investigative
activities" means those activities outlined in the Methods of Administration
necessary to process a Methods of Administration complaint;
(b) "Methods of Administration" means the
documentation filed with the Federal Department of Labor to provide a
reasonable guarantee of Oregon's compliance with the Americans with Disability
Act, Section 504 of the Rehabilitation Act of 1973 (amended), Section 188 of
the Workforce Investment Act, and 29 CFR Part 37 ;
(c) "Monitoring requirements" means those
activities outlined in the Methods of Administration necessary to ensure
compliance with the Methods of Administration;
(d) "One-Stop delivery site" means a
Workforce Investment Act center designated by a local board, and other
certified centers recognized in the Memoranda of Understanding;
(e) "Workforce Investment Act" means the
federal Workforce Investment Act of 1998 as codified in
Public Law
105-220.
(3) In conducting both programs and
activities that are part of the Oregon One-Stop delivery system, the Department
will follow the Methods of Administration promulgated by the Governor in
accordance with 29 CFR
§
37.4. In particular, the Department
shall:
(a) Appoint an agency Equal
Opportunity Officer to carry out the duties specified in the Methods of
Administration and ensure that, if employed less than full-time as the agency
Equal Opportunity Officer, any other duties, responsibilities or activities do
not create a conflict of interest or the appearance of a conflict of interest
with the duties of the agency Equal Opportunity Officer;
(b) Collect data on participants as required
by 29 CFR §
37.37 to
37.41 and the Methods of
Administration and provide aggregate data to the state Equal Opportunity
Officer and the Department of Labor, as required;
(c) Permit the designated state Equal
Opportunity Officer to monitor the Department's compliance with the Workforce
Investment Act, 29 CFR part 37, and the Methods of Administration by providing
the state Equal Opportunity Officer access to:
(A) One-Stop delivery sites, including
affiliate sites, from which the Department operates its programs and
activities;
(B) Equal Opportunity
Notices created by the Department and provided to participants; and
(C) Any contracts, grants, interagency
agreements, or other arrangements between the Department and other providers
pertaining to programs and activities provided in the One-Stop system;
and
(D) Data required to be
collected pursuant to paragraph (b).
(d) Develop procedures as necessary to comply
with and monitor compliance with the Workforce Investment Act, 29 CFR part 37,
and the Methods of Administration by:
(A) The
Department and its employees; and
(B) Entities operating programs or
activities, or providing services, conducted as part of the Oregon One-Stop
delivery system on behalf of the Department, and employees thereof, including
training providers.
(e)
Ensure that the agency's Equal Opportunity Officer and other appropriate staff
attend scheduled periodic training about the Methods of Administration and
associated duties; and
(f) Comply
with any corrective actions imposed by the Governor for violations of the
nondiscrimination and equal opportunity provisions of the Workforce Investment
Act, 29 CFR part 37, and the Methods of Administration and cooperate with any
investigative activities or monitoring requirements of the state Equal
Opportunity Officer.
(4)
Notwithstanding periodic monitoring by the state Equal Opportunity Officer, the
Department is responsible for all violations of the nondiscrimination and equal
opportunity provisions of the Workforce Investment Act, 29 CFR part 37, and the
Methods of Administration committed by:
(a)
The Department and its employees; and
(b) Entities operating programs or
activities, or providing services, conducted as part of the Oregon One-Stop
delivery system on behalf of the Department, and employees thereof, including
training providers.
[Publications: The publications referenced in this rule is
available from the agency.]
Publications: The publications referenced in this rule is
available from the agency.
Stat. Auth.: ORS
657.610
Stats. Implemented: ORS 657, ORS
657.610
