DWS Equal Opportunity Methods of Administration
Each grant applicant and each training provider seeking eligibility includes in its application for financial assistance under Title I of WIOA the required EO assurance. (See 29 CFR 38.20(a)(1)).
Agreements for the procurement of supplies or services follow the Utah Procurement Code process. Only those proposals, which conform in all respects to the requirements contained in WIOA, including 29 CFR part 38, are awarded. DWS has a special contracts unit, within the Administrative Support Division, which reviews all proposals and contracts. For consideration by DWS, compliance information and language containing the Equal Opportunity provisions of WIOA, 29 CFR part 38, Title VI of the Civil Rights Act, Section 504 of the Rehabilitation Act, The Age Discrimination Act and Title IX of the Education Act must be contained in the proposal, where applicable.
The required assurance is incorporated into each grant, cooperative agreement, contract or other arrangements whereby Federal financial assistance under Title I of WIOA is made available. (See 29 CFR §38.20 (a)(2)). NOTE: 29 CFR §38.20 (a)(2) provides that the assurance may be incorporated by reference into these documents.
DWS provides an attachment of either the “Interagency Standard Terms and Conditions” or “Additional Department of Workforce Services Standard Terms and Conditions”, as applicable with every contract, grant application, cooperative agreement or other arrangements whereby Federal financial assistance under WIOA is made available.
Each grant applicant, and each training provider seeking eligibility, is able to provide programmatic and architectural accessibility for individuals with disabilities. (See subpart C of 29 CFR part 38).
Upon receipt of a completed application to provide training services, DWS WIOA program specialists or EO Officer may conduct an on-site evaluation of the training provider and/or grant applicant seeking eligibility. As part of the evaluation, a review of the Facilities Accessibility Checklist is completed to ensure compliance with the Americans with Disabilities Act (ADA) and accessibility requirements.
Job training plans, contracts, assurances and other similar agreements entered into by recipients are both nondiscriminatory and contain the required language regarding nondiscrimination and equal opportunity. (See 29 CRF §38.54(b)(2)(iv)).
DWS ensures all contracts, including On-the-Job Training (OJT), and similar agreements are both nondiscriminatory and contain the required EO assurances. The DWS special contracts unit reviews all contracts considered and entered into by DWS for compliance with the EO provision. OJT contracts are a standardized form, containing the EO language regarding nondiscrimination and equal opportunity. The DWS Worksite Learning Employer Agreement is an example of an agreement, which contains the required EO language regarding equal opportunity and nondiscrimination.
State and local level policy issuances, or issuances from other recipients are not discriminatory either in intent or effect. (See 29CFR §38.54(d)(2)(iii)).
As Utah is a single service delivery area state, policy issuances are provided only from the DWS administrative level. All policy updates and issuances are available via the DWS Intranet. Staff members are made aware of policy and procedural changes by way of the DWS Programs and Services Updates. The DWS EO Officer reviews all policy and procedural updates as well, and ensures no intent nor effect to discriminate is present either in policy/procedural language or required action. These updates are maintained in chronological order on the DWS Intranet.
Policies on WIOA nondiscrimination and /or equal opportunity issues are developed and implemented in a timely manner.
DWS’ pathway for updating, changing or implementing new WIOA nondiscrimination, equal opportunity policy is simple and can be done in an expeditious manner. Current EO policies and procedures are maintained on the DWS website. Changes or updates may be made quickly through the DWS program specialists. When necessary, a DWS Programs and Services Update will be emailed to all staff regarding the changes.