DWS Equal Opportunity Methods of Administration
The methods and frequency of dissemination of the notice, including initial dissemination. (See 29 CFR §38.29)
Customers entering a DWS EC may view the "Equal Opportunity is the Law" poster, prominently displayed in or near the Job Connection rooms. Individuals applying for career or training services receive an overview of DWS’ resources available to assist them in their gainful employment efforts. At the point the DWS employment counselor and the customer begin developing the individual employment plan, an electronic EO notice is generated for mailing to the customer from the UWORKS system. An indicator, date of mailing and copy of the EO notice are retained in the customer’s UWORKS electronic file. Additionally, there is a statement above the signature line of the printed employment plan, which states, “Customer Name agrees with the above employment plan and understands his/her rights, and the appropriate program(s) grievance procedure(s). Customer Name has also received the Equal Opportunity policy.” It is important to note, customers who are limited English speaking, with Spanish indicated in UWORKS and eREP as their primary language, will receive the Spanish version of the EO Notice.
Customers accessing DWS services via their home or public computers may view the EO notice on the DWS home page. The message is also accessible in Spanish by selecting the link button at the bottom of the page.
The means by which the notice is made available to individuals with disabilities. (See 29 CFR §38.31)
DWS initially considered having the EO notice available in an audible format on the DWS website for customers who are blind or have visual limitations. However, the majority of individuals with vision limitations generally utilize text readers to enable them to read information on a computer screen, and would therefore not be using the system unless the text reader was in place. The EO notice has been translated to Braille, however, and may be provided to visually impaired/blind customers upon request. In the event the Braille notice is provided for a customer, notation is made to the customer’s file indicating the accommodation.
Additionally, customers with disabilities accessing services through the ECs may request an accommodation, based on their specific disability. DWS Customer ADA Section 504 Accommodations procedures instruct staff in the accommodation process. If staff in the EC are unable to accommodate the customer’s specific need, the EO Officer is contacted to assist.
The State of Utah contracts with several agencies to provide sign language, as well as other interpretive services. The DWS Accommodations policy provides staff with instructions on securing an interpreter for customers with disabilities.
The means by which the State ensures that recipients post the notice. (See 29 CFR §38.33)
The "Equal Opportunity is the Law" poster, in both English and Spanish formats, is required signage for all ECs and Eligibility Service Centers (ESCs). A list of the required signage for DWS front lobbies and break rooms is listed on DWS’ Intranet site. Electronic forms, documents and publications are maintained on the DWS Intranet site for staff access.
The EO Officer is responsible to ensure monitoring occurs for DWS ECs and ESCs relative to EO compliance. This may be done as part of a WIOA programmatic monitoring, DWS Food Stamp Management Evaluation (ME), or as a specific EO visit, if deemed necessary. The EO Officer developed monitoring instruments for the specific division or team to use as a guide and documentation of any issues to report to the EO Officer.
The EO notice is explained to each individual receiving career services. The DWS employment counselor works with the customer to develop the employment plan. When the employment plan is finalized the system automatically generates and sends the EO notice. The date the notice is sent is automatically populated in the UWORKS system. When the plan is printed for the customer’s signature, a statement above the signature line 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”. The UWORKS system tracks the date of mailing, and a copy of the notice is maintained in the customer’s electronic file.
The means by which the State ensures that recruitment brochures and other materials are routinely made available to the public include the statements (tagline) “equal opportunity employer/program” and “auxiliary aids and services are available upon request to individuals with disabilities.” (See 29 CFR §38.34(a)).
DWS’ Publications Policy requires that “all outgoing publications, defined as brochures, pamphlets, posters, flyers and reports, will be developed in conjunction with the Communications Division.” DWS Creative Director, Ms. Patricia Swenson, ensures that all new printed materials, as well as reprints of standard publications include the required tag line. An example of DWS publications containing the required tagline may be found here.
In an effort to ensure the EO tagline was included on all correspondence available to the public, the tagline was added to the backside of all DWS letterhead envelopes. The state’s mail system receives these envelopes as well for the electronic notice mailings. View a copy of the envelope here.
Where a telephone number is included on recruitment brochures and other materials, the means by which the State ensures that the materials indicate the State Relay number or provide for an equally effective means of communication with individuals with hearing impairments. (See 29 CFR §38.34(a)).
The DWS Creative Director ensures that all DWS publications, including brochures, pamphlets, posters, flyers and reports, have the state relay number as part of the tagline information to direct individuals with hearing impairments in accessing auxiliary aids and/or services.
The means by which program-related information is published or broadcast in the news media (e.g., publication of Request for Proposal) and the means by which the State ensures that publications/broadcasts state that the program is an equal opportunity employer/program and that auxiliary aids and services are available upon request to individuals with disabilities. (See 29 CFR §38.34(b)).
The DWS Communications Division works closely with the EO Officer in all aspects of the public as well as internal communications. All departmental forms, flyers, posters and publications are created and approved within the division. This ensures the ADA/EO tagline is included and that the documents are in compliance with 29 CFR Part 38.
The DWS contract, purchasing and procurement specialists work closely with the EO Officer to ensure the tagline, as well as the required EO statements are contained within all DWS public documents.
The manner in which, and extent to which information in languages other than English is provided, and the manner in which the State ensures that persons of limited English speaking ability have access to its programs and activities on a basis equal to that of those who are proficient in English. (See 29 CFR §38.35)
DWS and the State of Utah contract with agencies providing both telephonic as well as in-person interpretative services for limited English proficient (LEP) customers and persons with disabilities. The contractors are available to provide translative services as needed. DWS service providers are encouraged to follow the DWS Interpretive Services Pathway, using internal interpreters as a first choice, if appropriate. A list of DWS employees who are qualified to interpret and the languages they speak is maintained on the DWS Intranet. In the event DWS cannot provide an interpreter, the most appropriate contracted provider will be contacted. LEP procedures for obtaining interpretive services are listed on the DWS Intranet.
A “Notice of Interpretive Services” poster was developed using the top 15 languages identified within the state. The notice has since become part of the required signage in all DWS ECs.
The DWS computer systems, eREP and UWORKS, have LEP “flagging” capabilities. The systems gather and track LEP status as well as language codes. This data is gathered based on a two-question approach in the application process. The applicant is asked if they are limited English proficient, and if yes, what is the primary language spoken in the household. Currently, 242 different language codes exist in the systems. These LEP reports afford DWS the ability to not only ensure compliance with federal partner requirements in translating vital documents, but also assist DWS in its targeted outreach efforts.
The department’s efforts, in regard to serving persons with limited English proficiency, also include programming UWORKS and eREP to mail translated notices in Spanish to customers with the “Spanish LEP flag” and Spanish as the primary household language. As other LEP populations increase, UWORKS and eREP will make programming available for additional languages.
The manner in which, and extent to which orientations for registrants, applicants, eligible applicants/registrants, employees, applicants for employment and members of the public include a discussion of the rights of such persons under WIOA section 188 and 29 CFR part 38. (See 29CFR §38.36).
Customers visiting ECs seeking employment, temporary assistance, support services, unemployment insurance or training may view the EO message via signage prominently displayed in each EC throughout the state. DWS customers seeking services using a home or public personal computer view the EO message by way of the DWS website. As previously noted, the message is available in alternate formats for LEP persons as well as individuals with disabilities.
DWS ECs do not hold formal orientation sessions for training customers. A one-on-one orientation is generally presented to the customer by his/her employment counselor that explains the EO notice and pathway for filing a discrimination complaint. The notice is electronically mailed to the customer and a copy is retained in the customer’s electronic case file.
The steps taken to ensure that communication with individuals with disabilities are as effective as communication with others. (See 29 CFR §38.29(b)).
DWS employs some individuals as employment counselors, eligibility specialists, unemployment insurance claims takers and supervisors skilled in American Sign Language. A list of these individuals is maintained on the Intranet as part of the DWS interpreter lists. Additionally, the EO notice is translated to Braille, and the EO contact persons are aware of the availability of the Braille notice to disseminate to EC staff.
The department relies on the State Relay system to communicate with persons who are deaf, speech impaired or hard of hearing. The number throughout the state, as with most states is “711”, and the Utah Spanish Relay 1-888-346-3162. The numbers are listed on the EO notice and tagline, and other department communications with the public. DWS has found the state relay system to be more user friendly than the conventional TDD/TYY units, with no special equipment needed for either the caller or receiver, making calls to employers much simpler for job seeking customers with hearing or speech difficulties. Additionally, customers who are deaf or hard of hearing coming into the ECs may opt to use “online chat” for assistance in the application or eligibility process for benefits and services.
In the fall of 2015, the department contracted with Sorenson Communications to install four videophones, with video relay in major ECs in the Salt Lake Valley. The videophones were provided at no cost to the department. One of the ECs in Wasatch Front North also has a videophone. The phones were installed as a pilot project to determine the use and ease of use to access services such as employment exchange (contacting employers regarding job listings) and contacting ESD and Unemployment Insurance. The videophones also may be used for the Fair Hearing and Appeals processes.
The process the State has used and will continue using to develop and communicate policy and conduct training regarding nondiscrimination and equal opportunity (See 29 CFR §37.25(c) and §38.54(d)(2)(vi)).
As noted previously, DWS’ WDD and ESD Program Specialists provide policy and procedural updates, as well as information regarding training requirements for the agency. Updates are emailed to all service providers, with a link to the DWS Intranet site where the specific policy or procedure resides. Updates are chronologically ordered and maintained for reference on the DWS Intranet home page.
DWS staff members recognize the updates are DWS’ means of communicating important new or revised policies, procedures and training requirements. Staff members are held accountable for the information contained in the updates.
Most DWS staff training is available in web-based form on the DWS Intranet. Updates provide staff with information regarding new or updated training, the requirements for viewing time frames and documenting the training to their personnel file. The DWS Civil Rights/Equal Opportunity training was released to staff in August of 2005 and has been updated as needed since that time. Annual training reminders are also emailed to staff.
The DWS Civil Rights/Equal Opportunity training incorporates internal as well as external customer pathways for filing complaints of discrimination, under the Equal Opportunity provisions of WIOA, and the state’s human resource division. Both federal regulation and state rule are addressed. Links are provided for EO complaint procedures as well as the appropriate forms for handling complaints. The training is required for all DWS employees with a training review required annually.
The EO Officer provides EO/Civil Rights training for the State Workforce Development Board on an as-needed basis. The training includes information about the role of the EO Officer, covers bases of discrimination under the Workforce Innovation and Opportunity Act, the responsibility and liability of the Board in discrimination actions, resource information and the EO Officer’s contact information.
DWS’ Contracts Division provides an orientation session for agencies contracting with DWS for WIOA funding. The orientation is developed on a contract-by-contract basis. The orientation is a brief overview of the contractors’ responsibilities relative to monitoring, documentation, payments and the requirements under the Equal Opportunity provisions of WIOA, including those of Section 504 of the Rehabilitation Act of 1973. The orientations are scheduled when contracting with an agency to provide employment and training-related services for eligible customers.