Back to WIOA ePolicy HomeAssurances - Sections 38.25 Through 38.27
Chapter: 10 Section: 1Effective Date: 2/15/2019
Expiration Date: Continuing
Published Date: 12/19/2024 9:33:41 AM
Status: Current
Version: 2
Tags: EO, Nondiscrimination, Equal Employment Opportunity, Disability, NDP, NDP
- DCEO and all 22 LWIAs, agree to abide by the WIOA nondiscrimination requirements. Each LWIA is monitored annually to ensure continued compliance and any identified deficiencies are remediated with prompt corrective action. Requests for Proposals (RFPs), as well as all final contract agreements, contain assurance language ensuring compliance with WIOA Section 188, 29 CFR Part 38, Title VI of the Civil Rights Act, Section 504 of the Rehabilitation Act, The Age Discrimination Act, and Title IX of the Education Act, where applicable.
- Each LWIA EO (Equal Opportunity) Officer conducts monitoring using a standardized Americans with Disabilities Act (ADA) accessibility checklist for each training provider in their respected jurisdiction. This checklist covers both programmatic and architectural accessibility to ensure compliance with the WIOA nondiscrimination requirements. To ensure continued compliance, the checklist is completed anytime a new or renovated location is proposed and all completed checklists are submitted to the State-Level EO Officer for review. If any issues are identified, the State-Level EO Officer performs follow-up review to ensure the issues are resolved timely. The LWIA EO Officers have been instructed to complete the checklist prior to entering into any new lease agreement.
- DCEO ensures that all contracts, such as those with youth providers and agreements related to work-based learning, are both nondiscriminatory and contain the required EO assurances. A sample of contracts are reviewed at all LWIAs during the annual on-site monitoring process to ensure the necessary assurances are included.
- DCEO policy issuances are reviewed by the State-Level EO Officer prior to issuance to ensure they are not discriminatory in intent or effect. All policy updates and issuances are distributed to staff members and non-State partners via email once finalized and are available via the DCEO website. LWIA policies/procedures are reviewed annually as part of the on-site monitoring reviews and the LWIA also is charged with reviewing their subrecipient policies no less than annually.
- IDES does not pass along any of its federal administrative grants for Unemployment Insurance (UI) or Employment Service (ES) programs to sub-grantees. IDES ensures that these grants are nondiscriminatory and contain required assurances by exclusively using grant agreement documents required and prepared by the Education and Training Administration of the United States Department of Labor (USDOL). This required standardized language also serves as policy directives and guidelines used by IDES to ensure that the required assurances are included in all pertinent documents.
- IDES also enters into numerous procurement and other contracts to carry out the State’s Unemployment Insurance and Employment Service programs. In addition to applicable federal requirements, State law and regulation require these contracts to be nondiscriminatory and to contain required assurances regarding nondiscrimination and equal opportunity. This required standardized language also serves as policy directives and guidelines used by IDES to ensure that the required assurances are included in all pertinent documents.
Section 188 Reference Guide PROMISING PRACTICES IN ACHIEVING NONDISCRIMINATION AND EQUAL OPPORTUNITY
WIOA Section 188 - Administration, Nondiscrimination
USDOL Training and Employment Notice (TEN) No. 24-18, Updated Promising Practices in Achieving Nondiscrimination and Equal Opportunity: A Section 188 Disability Reference Guide (April 3, 2019)
USDOL Training and Employment Guidance Letter (TEGL) No. 06-24, Complying with Nondiscrimination Requirements: Preventing and Addressing Gender-Based Violence in the Workforce Development System; Reducing Barriers Faced by Survivors of Gender-Based Violence in Seeking Jobs and Participating in Covered Programs and Activities (November 22, 2024)
USDOL Training and Employment Guidance Letter (TEGL) No. 05-23, Complying with Nondiscrimination Requirements: Discrimination Based on Actual or Perceived Religion, Shared Ancestry, or Ethnic Characteristics are Prohibited Forms of Discrimination in the Workforce Development System (November 3, 2023)
