DWS Equal Opportunity Methods of Administration
The state ensures that recipients:
Collect and maintain records on applicants, registrants, eligible applicant/registrant, participant, terminee, employee and applicants for employment.
DWS currently utilizes two computer systems to collect and maintain records on applicants, registrants, eligible applicant/registrant, participant, terminee, employee and applicant for employment. Utah requires individuals to register for work in the UWORKS system should they seek services through the department with a few exceptions. For example, some individuals who apply for temporary assistance such as food stamps, and are aged, blind or disabled, are exempt from employment or employment-related activities. Registration for employment through DWS may be completed via the DWS website or by visiting an EC. A DWS staff member will help any individual with the registration in the EC. Data gathered on these individuals includes gender, race and disability information (self-declared). Registration, at this point in the process, does not determine eligibility or enrollment into other programs or guarantee that the individual will receive services beyond career services.
Customers requiring temporary assistance services are required to complete a DWS 61APP. The DWS form 61APP collects further data specific to primary race information, which includes white, Hispanic, Asian, Black/African American, American Indian and Hawaiian Native. Disability is defined in one of two ways; (1) An individual who has a physical or mental impairment, which substantially limits one or more of such person’s major life activities, or has a record of such an impairment, or is regarded as having such an impairment; or (2) An individual who has a physical or mental impediment to employment. The information gathered from the 61APP is entered into eREP. Customers requesting WIOA assistance may complete an online application on the DWS website or complete a paper copy of form 61T. Staff are available to provide assistance with both the online and paper applications.
Record the race/ethnicity, sex, age, and disability status of each applicant, registrant, eligible applicants/registrant, participant, terminee, employee and applicants for employment. (See 29 CFR §38.37(b)(2))
DWS records the race/ethnicity, sex, age, and disability status of each applicant, registrant, eligible applicant/registrant, participant, terminee, employee and applicants for employment in the UWORKS and eREP systems. In an effort to review data and ensure equal opportunity and non-discriminatory access, monitoring of data and reports is conducted periodically, as deemed appropriate. DWS’ Workforce Research and Analysis Division Director and Management Information Systems’ (MIS) Manager developed these separate reports for the EO Officer’s review. The LEP reports reflect the required demographic groups such as race/ethnicity, sex, age and disability status, as well as the LEP status of all individuals entered in the systems. They are representative of a “non-duplicated” count of the individuals applying, registering, participating, and terminating for or from DWS programs.
Additionally, for the next Statewide EO monitoring review, a new data review and analysis will be conducted and reviewed by the EO Officer. In an effort to ensure that DWS is administering its programs and activities in a non-discriminatory way, a review of data collected by DWS will be performed on a periodic basis by the Workforce Research and Analysis Division. This review will provide a statistical analysis of the data collected and will include an analysis by race/ethnicity, sex, age and disability status for the EO Officer’s review. This analysis will employ proportional sampling and difference tests using Monte Carlo simulations to identify any instances of substantial divergence in determinations. The proportional sampling and difference tests approach has been used by the department in the past to evaluate non-discrimination in the Unemployment Insurance program and was supported by special funding from the United States Department of Labor Employment and Training Administration.
Comparison of these reports provides the EO Officer with a clear picture of the populations applying for, receiving and terminating services from DWS programs and assists in planning and implementing appropriate outreach, equal access/opportunity, non-discriminatory outreach activities and/or training.
Treat records, particularly those containing medical information, in a manner that ensures their confidentiality. (See 29 CFR §38.15; 29 CFR §38.37(b)(2); and 29 CFR 38.41)
DWS requires staff 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.
Maintain a log of complaints filed that allege discrimination on one or more of the bases prohibited by WIOA section 188. (See 29 CFR §38.37(c))
The DWS EO Officer maintains a web-based log of all filed complaints that allege discrimination on one or more of the bases prohibited by WIOA section 188. The EO complaint system was developed two years ago to streamline the process for filing a complaint and maintaining a complaint log. The program includes all the CFR required information; the name and address of the complainant, the grounds of the complaint, a description of the complaint, the date the complaint was filed, the disposition, and date of disposition of the complaint and other pertinent information. The program was developed using the DWS complaint form 495 as a template for entering information. Also included in the program are narrative sections, complaint status (accepted, pending not accepted), date filed and alternative dispute resolution information. The program has full reporting capabilities. The EO Officer is the sole user of this program on the administrator side to ensure confidentiality is maintained.
Maintain such records for a period of three years. (See CFR 38.39)
The DWS EO Officer maintains records for a period of not less than three years as stated in DWS Discrimination Complaint Processing Policy and Procedures, contained within DWS’ Customer Relations, Appeals and Hearings Policy 1407-4.
Grant applicants and recipients notify the CRC Director of administrative enforcement actions and lawsuits brought against them that allege discrimination on one or more of the bases prohibited by WIOA section 188. (See 29 CFR §38.37(a))
DWS will take appropriate actions to promptly notify the CRC in the event that enforcement actions and/or lawsuits are brought against the department that allege discrimination on one or more of the bases prohibited by WIOA section 188. (29 CFR §38.37(a))