DWS Equal Opportunity Methods of Administration
Each individual designated as a State-level Equal Opportunity Officer and each individual designated as a local level Equal Opportunity Officer, by name, position title, business address (including email address if applicable) and telephone number (including relay number) (See 29 CFR 38.23).
Ms. Carolyn Parsons is designated as the State and local level Equal Opportunity (EO) Officer. Due to the rural nature and sparse population of Utah, coupled with the state’s status as a single service delivery area, one WIOA EO Officer is sufficient. It has proven to be the most efficient means of ensuring the equal opportunity provisions of WIOA are carried out. EO contact persons, however, have been designated throughout the state. These individuals consist of ESA directors or their designees. The contact persons serve as the point of contact for the EO Officer regarding issues of equal opportunity or discrimination for the one-stop centers. However, it is important to note, while staff are encouraged to discuss EO concerns with the EO contact person, Ms. Parsons is accessible to staff by telephone or email.
Ms. Parsons is located in the Administrative North DWS office, 140 E. 300 S. Salt Lake City, Utah. Her direct telephone number is 801-526-9445, and the number is published on the "Contact Us" area of the DWS homepage. The email address is cparsons@utah.gov. Individuals who are deaf or hard of hearing may call the State Relay by dialing 711 or Spanish Relay at 1-888-346-3162.
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). (See 29 CFR 38.24)
The EO Officer serves within the Workforce Development Division (WDD), Program & Training Unit. Ms. Parsons has a dotted line designation to Mr. Jon Pierpont, DWS Executive Director, in matters of equal opportunity and non-discrimination. Ms. Parsons reports to Ms. Karla Aguirre, Director, Workforce Development Division, Program and Training Unit. See the Program and Training Unit organizational chart.
The duties of the EO Officer(s), and the manner in which those duties are carried out. (At a minimum, duties assigned to the EO Officer must include those listed in 29 CFR 38.25.) Describe the EO duties, responsibilities and activities associated with the implementation of 29 CFR part 38, and all other duties, responsibilities and activities. Note: The EO Officer may not be assigned duties, responsibilities or activities that would constitute a conflict of interest or the appearance of such a conflict; see 29 CFR 38.24.
Ms. Parsons’ responsibilities as EO Officer include, but are not limited to:
Serving as a liaison with the CRC.
Monitoring and investigating DWS’ activities, and the activities of the entities receiving WIOA funds from DWS to ensure DWS and its sub-recipients are not violating their nondiscrimination and equal opportunity obligations under WIOA and 29 CFR Part 38.
Investigating and processing complaints of discrimination.
Reviewing DWS’ written policies to ensure the policies are nondiscriminatory.
Reporting directly to the appropriate official (including, but not limited to, Mr. Jon Pierpont, and the State Workforce Development Board) about equal opportunity matters.
Undergoing training (at the expense of DWS, when necessary) to maintain competency.
Developing, implementing, publishing and updating of DWS’ Methods of Administration, including procedures for processing discrimination complaints.
Ms. Parsons generally performs the duties of her position as DWS EO Officer, generally in an independent manner. She has the knowledge, skills, and abilities to perform these duties in a concise, timely and professional fashion.
The Utah Department of Human Resource Management requires that a Position Analysis Form (PAF) be completed for each employee in state government. The PAF specifically details the position’s job duties, functions and classification level. Ms. Parsons’ position is currently classified as Program Manager within the Human Resource system.
DWS has a specific administrative EO budget, which is reviewed each year to ensure appropriate levels of funds are allocated for EO Officer’s travel in and out of state for training, and on-site reviews. Monies are also allocated for communication and printing costs. The EO Officer position is an administrative function, and therefore, funding is pooled from all DWS funding streams such as Temporary Assistance for Needy Families, Workforce Innovation and Opportunity Act, Unemployment Insurance and State General Assistance.
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. (See 29 CFR §38.26)
The EO Officer developed the "Equal Opportunity is the Law" posters and the customer EO notices in September 2000 (29 CFR §38.32). The poster and notice contain the required information (29 CFR §38.30) to inform applicants, registrants, eligible applicants, participants, employees and applicants for employment, as well as interested members of the public of their protections and right to file a complaint of discrimination. The notice is also printed in the Employer Handbook and Unemployment Insurance Claimant guide. The notice may also be accessed on the DWS website.
The EO posters are prominently displayed in each of the Employment Centers (ECs) throughout the state ensuring that all walk-in customers and staff are made aware of their rights, as well as the pathways for filing a discrimination complaint. The EO notices are electronically generated and mailed to customers who apply for any DWS service. Customers who need individualized career services meet with a DWS employment counselor. At the point an employment plan is developed between the customer and the DWS employment counselor, using UWORKS (employment counseling case management system), the EO notice is automatically generated and mailed to the customer. A copy is retained in the customer’s electronic file, as required by 29 CFR Part 38, §38.31. The printed employment plan also contains a statement, which reads, “Customer Name agrees with the above employment plan and understands his/her rights, responsibilities, and the appropriate program(s) grievance procedure(s). Customer Name has also received the Equal Opportunity policy.” A field titled “EO Notice” displays the date the notice was mailed from the UWORKS system.
Customers receiving public assistance only, such as food stamps, without an employment plan, are managed by DWS employees using the eREP (eligibility determination) system. At the point an application for services is approved or denied, and a decision notice is generated, the EO notice accompanies the decision notice.
Employers, training providers, vendors and other department customers receive the information through the above listed mailings, the UWORKS introduction screen, DWS’ contracts and agreements and the DWS website.
A DWS Programs and Services Update alerts all staff of the yearly web-based Civil Rights/EO training, and the requirement for all staff to view and document participation in the training. Program specialists for both the Workforce Development Division (WDD) and the Eligibility Services Division (ESD) provide policy and procedural updates, as well as information on new or updated training requirements for the state. Updates are emailed to all service providers, with a link to the DWS Intranet site where the specific policy or procedure resides. DWS staff recognize the updates are DWS’ means of communicating important new or revised policies, procedures and training requirements. Staff are held accountable for the information contained in the updates.
The DWS Civil Rights/EO training combines information for employees relative to their rights under the EO provisions of WIOA, as well as those of the external customer. Pathways and procedures for filing complaints of discrimination are linked in the web-based training.
The training is mandatory for all service providers, including managers, supervisors, executive management, senior management and support staff. Participation in the training is tracked through an electronic training system.
The level of staff and other resources available to State and local level EO Officer(s) to ensure that WIOA Title I-financially assisted programs and activities operate in a nondiscriminatory way. (See 29 CFR §38.26(c).)
The DWS Customer Relations Specialist receives administrative level programmatic and discrimination complaints by telephone. The Customer Relations telephone number is listed on the EO notices and posters. The Customer Relations position is a professional level with the education and experience to perform essential initial functions of DWS’ EO pathway. This individual has also received the DWS Civil Rights/EO training and confers with the EO Officer on a regular basis regarding complaints.
Customers calling the Customer Relations telephone number with a discrimination allegation are transferred to Ms. Parsons. If it is determined that the customer wishes to file a complaint of discrimination, Ms. Parsons directs the complainant to the DWS website or to the DWS EC nearest the individual’s home. In situations where the individual has special needs or is unable to access the web-based complaint system, the DWS Discrimination Complaint Form may also be mailed to the customer. DWS form 495 in English and Spanish, may be viewed here.
The State’s plan for ensuring that State and local level EO Officers and their staffs are sufficiently trained to maintain competency. (See 29 CFR §38.26)
Each year since Ms. Parsons began this position in May of 2000, she has attended the National Equal Opportunity Training Conference, sponsored by the Civil Rights Center (CRC), as well as additional training opportunities offered or promoted by CRC. DWS provides Ms. Parsons with every opportunity for EO training to ensure she, and ultimately all DWS service providers, maintain competency in EO issues. Ms. Parsons serves on the EO Committee for The National Association of State Workforce Agencies, and attends all relative committee meetings, as state budget allows. Ms. Parsons and Mr. John Davenport, DWS Assistant Director of the Adjudication Division, also participated in a 40-hour mediation certification program offered by the CRC in February of 2001. These sessions, coupled with the relationships formed networking during the training sessions, afford Ms. Parsons a high level of understanding and competency in her role as EO Officer.
The identity, by name, title, and organization, of the individual to whom each State and local level EO Officer reports on equal opportunity matters.
Ms. Parsons, the department’s designated EO Officer, has a dotted line designation to DWS Executive Director, Mr. Jon Pierpont in matters of Equal Opportunity. She reports to Ms. Karla Aguirre, Division Director with DWS. Ms. Suzan Pixton is the department’s designated EO legal counsel.
A description of the professional and support staffing levels and resources provided to each State and local level EO Officer to assist him or her in ensuring compliance with WIOA Section 188, and 29 CFR part 38.
The DWS Customer Relations specialist and EO contact persons (ESA Directors or their designees) throughout the state assist Ms. Parsons in ensuring compliance with WIOA Section 188 and 29 CFR part 38.
The type and level of training each State and local level EO Officer has received and will receive to ensure that he or she is capable of fulfilling his or her responsibilities as an EO Officer.
Ms. Parsons began her position as EO Officer in May of 2000 and has attended the National Equal Opportunity Training Conference each year, with the exception of 2009 due to state budget issues. Prior to coming to Utah, Ms. Parsons worked with the former Job Training Partnership Act (JTPA) program for more than 10 years. She was a Basic Skills and Remedial Education Program Manager, and then was asked to serve as Program Monitor for the 26-county Service Delivery Area in the Panhandle of Texas. Her responsibilities in that role included developing and implementing the area’s plan for programmatic monitoring and compliance reviews. While working in Texas, she attended numerous training sessions sponsored by the U.S. Department of Labor Employment and Training Division. These sessions included topics such as program monitoring and evaluation, writing and reviewing on-the-job-training contracts, dispute resolution, fact-finding and investigative techniques.
Ms. Parsons holds an undergraduate degree in Business Administration, and a Master of Arts in Education, Vocational Counseling. Her education, coupled with her experience working with JTPA, serve as a good basis for coordinating and implementing DWS’ EO activities.
The means by which the state makes public the names, position titles and telephone numbers (including state relay numbers) of each State and local level EO Officer.
The EO notice is posted in each of the DWS ECs and the ESA administrative offices across the state of Utah. The notice may also be accessed from every page of the DWS website. The DWS Civil Rights/EO training also provides employees with Ms. Parsons’ name and contact information. In addition, the “Contact us” page on the DWS website provides the public with the telephone number and email address to contact Ms. Parsons for complaints of discrimination.
A description of any duties, other than WIOA equal opportunity responsibilities, assigned to each State and local level EO Officer.
The DWS Equal Opportunity Officer’s main job duties are specific to ongoing oversight, review and updating of the department’s equal opportunity program and services.