DWS Equal Opportunity Methods of Administration
Utah ensures that both DWS and its recipients:
Meet their obligations not to discriminate on the basis of disability. (See 29 CFR §38.12(a), 38.26, and 38.7)
Since July 1997, DWS has played a major role in Utah’s workforce development systems, ensuring universal access for all customers by providing services through the use of information technology, utilization of the State Relay System for individuals with hearing or speech impairments, cooperative efforts with the Easter Seals Society, and the Utah State Office of Rehabilitation as well as other agencies and organizations, which provide employment related services for individuals with disabilities. Many DWS employment centers also plan annual activities in conjunction with the National Disability Employment Awareness Month in October. Cooperative agreements with area rehabilitation facilities are also in place. As noted in the previous element, DWS partners with the Utah Office of Rehabilitation in the “Choose to Work” program serving persons with disabilities.
DWS installed three video phones in ECs in the Salt Lake Valley in the fall of 2015. These are a pilot to determine the need and use of the phones. If successful, the department will continue to add more systems to larger ECs throughout the state. The department previously installed a video phone in the northern area of the state at the request of several advocates for the deaf population. The phone has been routinely utilized over the past few years.
Provide reasonable accommodation for individuals with disabilities. (See 29CFR §38.13 and 29 CFR §38.8)
The State requires alternative methods of providing services where facilities are determined not to be physically accessible to people with disabilities. DWS provides reasonable accommodation as needed when requested by persons with a qualified disability. The department currently has an ADA/Section 504 Coordinator and two ADA Officers. Mr. Cory Moss is the department’s ADA Coordinator and oversees areas of physical accessibility; Ms. Cathy Lewis is responsible for DWS employee accommodation requests and assistance. The EO Officer, Ms. Parsons, assists customers regarding programmatic accessibility and accommodations. The three ADA persons are housed in the Administration North building and can easily coordinate their efforts if necessary to accommodate a need. The DWS ADA/504 poster, in both English and Spanish, are displayed in all DWS ECs throughout the state, and are a part of the “Contact Us” page as well as the myCase page on the DWS website.
Provide reasonable modification of policies, practices, and procedures, as required. (See 29 CFR §38.8)
DWS is committed to providing reasonable accommodations to individuals with disabilities, whether the individual is a DWS employee or customer. ADA Coordinators for each of the three program areas assure persons with disabilities needs are met in the most appropriate, customer friendly, cost efficient and timely manner possible. The individuals in these positions coordinate their efforts and have a true commitment to the customers (internal and external) they serve. The department’s ADA/504 policy is accessible to all staff as a reminder of our responsibility in serving and assisting customers with accessibility and accommodation issues.
Provide architectural accessibility for individuals with disabilities. (See 29 CFR §38.28)
As noted above, Mr. Moss serves as DWS’ ADA/Section 504 Coordinator, and is responsible for all DWS facilities, in terms of accessibility. A statewide ADA evaluation is conducted on a periodic basis and in some cases annually for select DWS facilities to ensure accessibility for persons with disabilities. ADA Accessibility Guidelines (ADAAG) also regulates new construction and/or remodeling of facilities.
Provide programmatic accessibility for persons with disabilities. (See 29 CFR §38.27)
Ms. Parsons serves as the Customer ADA/Section 504 Officer. Customers requiring auxiliary aids or services to access DWS programs are referred to her. She works closely with Mr. Moss, as well as the EO contact persons in providing reasonable accommodation for persons with a qualified disability. As noted previously, the department has policy and procedures to assist DWS staff in securing appropriate accommodations for customers with disabilities.
Provide for and adhere to a schedule to evaluate job qualifications to ensure that the qualifications do not discriminate on the basis of disability. (See 29 CFR §38.14).
Human resource specialists with DWS, and ADA/Section 504 Officer for employees review DWS job announcements (employee recruitments), Position Description Questionnaires (PDQs), and Job Analysis Questionnaires (JAQs) to ensure they are non-discriminatory against persons with disabilities. All PDQs and JAQs are written by the State of Utah Department of Human Resource Management and are compliant with all equal opportunity, non-discrimination provisions of the ADA.
Relative to labor exchange (job seekers and employers) activities, the Statewide Employment Team (SET) conducts random reviews of job orders in UWORKS. Findings of discriminatory language are addressed immediately by a DWS staff member and documented to the employer file. Staff follow up with the employer and work toward full compliance and understanding of the EO provisions of the Workforce Innovation and Opportunity Act. The statewide periodic EO monitoring includes review of the jobs orders. See the Job Order Quality Assurance Tools for self-service (online) and mediated (staff-assisted) job orders.
Limit pre-employment/employment medical inquiries to those permitted by and in accordance with WIOA section 188, Section 504, the Americans with Disabilities Act of 1990, and their implementing regulations. (See 29 CFR §38.15).
As noted above, the SET randomly reviews job orders as part of their compliance monitoring duties. Additionally, state program specialists and program managers must approve all changes made to applications for supportive services; DWS form 61APP or 61APP-SP and the DWS Labor Exchange online application. The EO Officer is made aware of any changes or updates to ensure medical and other pre-employment/employment inquiries are in accordance with WIOA section 188, Section 504, the American with Disabilities Act of 1990, and their implementing regulations.
Ensure the confidentiality of medical information provided by registrants, applicants, eligible applicants/registrants, participants, employees and applicants for employment. (See 29 CFR §38.15)
DWS requires all employees to complete training in Information Disclosure as part of their “core” training schedule. A reference and user-friendly matrix of “most requested” information and requesting agencies/individuals is available on the DWS Intranet. A section on confidentiality of medical records is also included in the training and the manual.
The department also employs an Information Disclosure Officer in the legal division of DWS, which reports to the director of DWS Legal and Adjudication Division. Inquiries regarding disclosure, from the public or DWS, including GRAMA requests, are directed to this individual.
Recipients administer their WIOA Title I-financially assisted programs and activities so that each individual with a disability participates in the most integrated setting appropriate to that individual. (See 29 CFR §38.7(d))
DWS was awarded a One Stop Enhancement grant from the Department of Labor for July 1, 2003 – June 30, 2005. The grant enabled DWS to develop training for staff relative to understanding disabilities and sensitivity to the needs of persons with disabilities, as well as conduct a statewide accessibility study of the DWS ECs for programs, facilities and services.
DWS released an update regarding the required training in Working with People with Disabilities. The training is mandatory for all staff, and must be reviewed every three years.
Recipients are able to communicate with persons with disabilities as effectively as with others. (See 29CFR §38.9)
The DWS policy for providing interpretive services for customers who are limited English proficient, as well as customers with disabilities is easily accessed by all DWS employees.
In the event a DWS employee is not available to assist in communicating with the customer, the department contracts with two providers to assist in working with customers with disabilities. A list of those providers is available on the DWS Intranet Interpretive Services site. See LEP Procedures here.
The Equal Opportunity notice is also available in Braille translation format for individuals with visual impairments. Additionally, all DWS web pages are Text Reader accessible. Signage in all ECs includes the telephone number of the State Relay system for individuals who are deaf or hard of hearing.