Nondiscrimination Plan for Equal Opportunity Compliance in ...

1 Nondiscrimination Plan for Equal Opportunity Compliance in the Workforce Innovation and Opportunity Act Programs The Nondiscrimination Plan (NDP), formerly known as the Methods of Administration (MOA), is a written assurance, with supporting documentation, that describes the actions an individual state will take to ensure that its Workforce Innovation and Opportunity Act Area (WIOA) Title-I. financially assisted programs, activities, and recipients are complying and will continue to comply with the Nondiscrimination and Equal Opportunity requirements of WIOA and its implementing regulations. The Department of Labor, Civil Rights Center (CRC) issued new regulations pertaining to section 188 of WIOA in January 2017.

2 These new regulations are located at 29 CFR. Part 38. The Commonwealth of Pennsylvania assures that it will ensure Compliance with Section 188 of WIOA, 29 CFR Part 38, Age Discrimination Act of 1975, Section 504 of the Rehabilitation Act of 1973, Title IX, Education Amendments of 1972 and Title VI, Civil Rights Act of 1964, Americans with Disabilities Act and all other regulations that seek to ensure non-discrimination. The Governor has designated Robert V. O'Brien, Executive Deputy Secretary, Department of Labor & Industry as the State-level Equal Opportunity Officer. The Office of Equal Opportunity (OEO) in the Commonwealth of Pennsylvania's Department of Labor and Industry (L&I) is responsible for implementing and monitoring that agency's Compliance with Nondiscrimination and Equal Opportunity provisions of WIOA.

3 That office is led by James Kayer, who has been designated by Robert V. O'Brien to act as Pennsylvania's State-level Equal Opportunity Officer. Pennsylvania's NDP details the Commonwealth's commitment to Compliance with Section 188 of the WIOA and 29 CFR Part 38's Equal Opportunity and Nondiscrimination provisions. Based on federal regulations, Pennsylvania's NDP includes the following nine required elements: 1. Designation of State and local level Equal Opportunity Officers 2. Equal Opportunity Notice and Communication 3. Assurances 4. Universal Access 5. Compliance with Disability Requirements 6. Data and Information Collection and Maintenance 7. Equal Opportunity Monitoring 8. Complaint Processing Procedures 9.

4 Corrective Action and Sanctions Submission and Approval This NDP details the steps Pennsylvania has taken and will continue to take to ensure that all WIOA, Title I financially-assisted programs, activities and recipients comply with the Nondiscrimination and Equal Opportunity requirements of Section 188 of the WIOA and its implementing regulations. L&I, under the direction of Secretary W. Gerard Oleksiak, is the State agency responsible for overseeing the Employment Service, Unemployment Insurance, and WIOA programs in Pennsylvania. The Secretary is the top agency official, appointed by Governor Tom Wolf of Pennsylvania, to oversee the management, administration, and implementation of the Commonwealth's workforce investment/development strategy.

5 As such, the NDP will apply to all programs to which financial assistance under WIOA Title I is extended. The current document represents Pennsylvania's submission for certification of the NDP. All inquiries regarding this document should be directed to: Mr. James J. Kayer, Director Office of Equal Opportunity Pennsylvania Department of Labor & Industry 651 Boas Street, Room 1402. Harrisburg, Pennsylvania 17121. (717) 787-1182 or 800-622-LIAA (5422). TTD/TTY (800) 654-5984. PA Relay 711. 1. ELEMENT # 1. ELEMENT 1. Designation of State and Local Level Equal Opportunity Officers (29 CFR. ). The intent of this section is to ensure that the individual(s) the recipient appoints as EO Officers(s) have the education, training and experience, and are provided the necessary ongoing training and qualified staff, to perform his/her duties assigned under Part 38.

6 Additionally, the EO Officer(s) should not be in a position that would constitute, or appear to constitute, a conflict of interest. Further, the State should ensure that she/he reports, on EO matters, directly to the appropriate official in the organization, and that she/he otherwise has the authority to direct the State/Local level EO effort. 2. The individual designated as State-level Equal Opportunity Officer and everyone designated as Local-level Equal Opportunity Officer, by name, position title, business address (including e- mail address if applicable) and telephone number (including TDD/TTY number. The level within the organization (described in such terms as the individual's authority and position relative to the top of the hierarchy occupied by the EO Officer(s).))

7 The new regulations require every Governor to appoint a State-level Equal Opportunity Officer, who reports directly to the Governor and is responsible for State Program-wide coordination of Compliance with the Equal Opportunity and Nondiscrimination requirement in WIOA. 29 CFR. The Commonwealth of Pennsylvania has designated Robert V. O'Brien as its State-level Equal Opportunity Officer. Mr. O'Brien has authorized James J. Kayer to act as the State-level Equal Opportunity Officer pursuant to 29 CFR part (aa) and (a). The Equal Opportunity Officer for L&I is James J. Kayer, Director of the Office of Equal Opportunity . Mr. Kayer's mailing address is Pennsylvania Department of Labor and Industry, Office of Equal Opportunity , Room 1402 Labor and Industry Building, 651 Boas St.

8 , Harrisburg, PA 17121. He may be contacted by email at or by telephone at (717) 787-1182. The L&I OEO consists of a staff of six (6) people - one (1) staff person and five (5) professionals. Program responsibilities include oversight for the administration of the internal Equal Opportunity (EO) program for the Department and EO Compliance for WIOA, State Workforce Agencies (SWA), and the Office of Vocational Rehabilitation (OVR) programs. Mr. Kayer reports to Robert O'Brien, Executive Deputy Secretary, with direct access to W. Gerard Oleksiak, Secretary of Labor and Industry. Secretary Oleksiak has been designated by the Governor to implement WIOA on his behalf in the Commonwealth of Pennsylvania.

9 He is also responsible for the administration of programs and components in L&I, including Equal Opportunity and Nondiscrimination in WIOA Programs and SWAs. There are two Equal Opportunity Specialists primarily responsible for Federal Programs: These positions are responsible for coordinating the State's responsibilities under 29 CFR Part 38. and monitors all phases of EO in SWAs. as well as being responsible for Section 504, ADA, and OVR Equal Opportunity Compliance . 3. The manner in which the recipient makes the identity of the EO Officer(s) known to applicants, registrants, eligible applicants/registrants, participants, employees, and applicants for employment, as well as interested members of the public.

10 The EO Officer's identity is made known through the public display of Equal Opportunity is the Law posters, distribution of pamphlets and booklets, through the issuance of an annual Policy Statement, the Civil Rights Statement, Internet, Intranet and through the designated Equal Opportunity Liaison within each PA CareerLink and UC Service Center, as well as, the WIOA. Policies and Procedures Manual and through contact with the Equal Opportunity Officers for WIOA. The Equal Opportunity Officers' names, position titles, addresses and telephone numbers (including TDD/TTY) will be included on all the above-mentioned internal and external communications. The level of staff and other resources available to State and Local level EO Officer(s) to ensure that WIOA Title 1- financially assisted programs and activities operate in a non-discriminatory way.