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 programs 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, should they seek support services through the Department, with a few exceptions. Some individuals who apply for support services such as food stamps, and are aged, blind or disabled, for example are exempt from employment or employment related activities. Registration for employment through DWS may be completed via the DWS Intranet homepage or by visiting an EC. A DWS form 61 is completed in the EC to register the individual for work. 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 that the individual will receive services beyond core. The information is entered into the UWORKS system.
Customers requiring assistance beyond core services are required to complete a DWS 61APP for intensive services. The DWS form 61app collects further data specific to primary race information, which includes white, black, Hispanic, Asian, Black/African American, American Indian and Hawaiian Native. Additional information collected for WIA includes gender, disability, (again, self disclosure). 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 in UWORKS, and in cases of financial assistance (TANF), food stamps, and/or medical it is also entered in to eREP.
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 §37.37(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 computer programs. In an effort to review data to ensure equal opportunity and non-discriminatory access, monitoring of data and reports may be conducted on a quarterly basis, and at a minimum are reviewed on an annual basis. DWS’ MIS Manager, developed these separate reports for the EO Officer’s review. The 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, terminating, etc. for or from DWS programs.
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, and non discriminatory outreach activities and/or training.
Treat records, particularly those containing medical information, in a manner that ensures their confidentiality. (See 29 CFR §32.15; 29 CFR §37.37(b)(2); and 29 CFR 37.41)
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.
The UWORKS case management system also contains confidential information, including reference to medical records. These are “tabbed” sections within the electronic program. The tabs are shaded and are only accessible to the assigned employment counselor or eligibility specialist and his or her supervisor.
Maintain a log of complaints filed that allege discrimination on one or more of the bases prohibited by WIA section 188. (See 29 CFR §37.37(c))
The DWS EO Officer maintains a web based “log” of all complaints filed that allege discrimination on one or more of the bases prohibited by WIA section 188. The EO program was developed several years ago, specifically for the EO Officer’s use. The program includes all the CFR required information; the name and address of the complainant, the ground 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 recently added, alternative dispute resolution information. The program has full reporting capabilities. The EO Officer is the sole user of this program to ensure confidentiality is maintained.
Maintain such records for a period of three years. (See CFR 37.39)
The DWS EO Officer maintains hard copy 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 WIA section 188. (See 29 CFR §37.37(a))
DWS will take appropriate actions to promptly notify the CRC in the event that enforcement actions and/or law suits are brought against the Department that allege discrimination on one or more of the bases prohibited by WIA section 188. (29 CFR §37.37(a))