The State-Level EO Officer has created an in-depth monitoring guide which encompasses the requirements set-forth in 29 CFR 38.51, that requires detailed information for the EO monitoring process. DCEO meets the standards of periodic monitoring set forth by the Code of Federal Regulations (CFR) by providing monitoring information described by the following:
The procedure for reviewing recipients’ policies and procedures to ensure that these policies and procedures do not violate the prohibitions outlined in Section 188 of WIOA, specifically;
The written reports prepared for each review. These reports must provide, among other things, that the results of the monitoring activities will be made available to the recipient(s) through a monitoring corrective action letter;
The involvement of the State and LWIA EO Officer(s) in conducting reviews. Where individuals other than the State or LWIA EO Officers carry out EO monitoring, the narrative should provide the names, job titles and the WIOA organizations in which these persons are employed;
The level of training provided, and by whom, to these individuals, and how does the State WIOA Officer coordinate the review efforts from start to finish; and
The procedure for determining which recipients are to be reviewed, the frequency of reviews of recipients and the number of recipients to be reviewed per year.
Both the State and LWIAs share equal responsibility to monitor for compliance. The monitoring schedule is comprehensive and it involves the State WIOA EO Officer, LWIA Executive Officers/Administrators, key management staff, and LWIA EO Officers. At a minimum, EOMC staff will visit each LWIA site annually and additional visits may be scheduled if the situation warrants ensuring implementation of corrective measures. DCEO imposes specific requirements upon itself as well as the LWIAs for complying with monitoring responsibilities. Each EO monitoring review must include a review of each recipient’s collective EO/ADA internal control programs and operations to determine if:
The recipient is complying with its administrative obligations under Section 188 of WIOA. Examples of these administrative obligations include designating an EO Officer, notice and communications, reasonable accommodations, confidential information and record protection, tag lines, LEP Program, operability of current assistive technology, bulletin board maintenance, and contractual assurances.
The recipient is complying with its responsibilities.
The recipient’s programs and services are free of discrimination practices.
To make the above assessments ensuring nondiscrimination in EO operations, DCEO’s annual monitoring review includes:
Conducting EO monitoring/evaluation reviews;
Evaluating policy development, communication, and training;
Analyses by race/ethnicity, sex, age, and disability status to determine significant differences; and
Analyses of record reviews, client interviews and other appropriate methods to determine causes of differences.
Follow-up investigations are conducted when there are significant demographic analytical differences to determine whether the differences are due to discriminatory conduct or to some other factors. The use of record reviews, client interviews and other appropriate investigation techniques aid in the identification of the potential issues. When WIOA EO/ADA compliance violations are found, DCEO will use appropriate enforcement procedures.