Advancing Equal Opportunity - Michigan Works · “a physical or mental impairment that...
Transcript of Advancing Equal Opportunity - Michigan Works · “a physical or mental impairment that...
The LEAD Center is led by National Disability Institute and is funded by the Office of Disability
Employment Policy, U.S. Department of Labor, Grant No. #OD-23863-12-75-4-11
Advancing Equal Opportunity: Strategies for Successfully
Implementing WIOA’s EO/
Section 188 Provisions
Monday, April 10, 2017
WELCOME
Jamie Robinson, M.A.
Training & Technical Assistance Workforce Development
LEAD Center
A Project of National Disability Institute
Boston, MA
202.684.6170 // [email protected]
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Danielle Smith
State Equal Opportunity Officer/
Complaint & Grievance Officer
Division of Workforce Development
Department of Economic Development
Jefferson City, MO 65101
(573) 751-2428 // [email protected]
INTRODUCTION
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The National Center on Leadership for the Employment
and Economic Advancement of People with Disabilities
(LEAD) is a collaborative of disability, workforce and economic
empowerment organizations led by National Disability
Institute with funding from the U.S. Department of Labor’s
Office of Disability Employment Policy, Grant No. #OD-
23863-12-75-4-11.
This document does not necessarily reflect the views or policies of the
Office of Disability Employment Policy, U.S. Department of Labor, nor
does the mention of trade names, commercial products, or organizations
imply endorsement by the U.S. Government.
LEAD CENTER MISSION
To advance sustainable individual and
systems level change that results in
improved, competitive integrated
employment and economic self-sufficiency
outcomes for individuals across the
spectrum of disability.
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AGENDA
PART I
WIOA from Disability Perspective
Overview of Section 188 & Final Rules
Section 188 Disability Reference Guide
Section 188 EO Action Planning: Identifying Priorities
Q&A
PART II
Section 188 MO Workforce Pilot & Other State Efforts
MO Staff Survey & Assessment
Section 188 EO Action Planning: Defining Action Steps
Q&A
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WIOA JOINT FINAL RULE(PRE-PUBLICATION BUT PUBLICALLY AVAILABLE)
On June 30, 2016, the Departments of Labor and
Education issued a Joint Final Rule to implement jointly
administered activities authorized under Title I of WIOA
(Joint WIOA Final Rule).
This Joint WIOA Final Rule provides guidance for State
and local workforce development systems that increase
the skill and credential attainment, employment, retention,
and earnings of participants, especially those with
significant barriers to employment.
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RELATIONSHIP BETWEEN SECTION 188 &
WIOA DISABILITY-RELATED PROVISIONS
Unified and Combined State Plans
Performance Accountability (Section 116 of WIOA)
American Job Center (AJC) Accessibility Certification
Inclusive Career Pathways
Coordination of Youth Services
Coordination between employment/training and programs
for individuals with disabilities
Customized Employment added as strategy for
competitive integrated employment
Inclusion of Financial Literacy
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WIOA FROM A DISABILITY PERSPECTIVE:
KEY WEBINAR RESOURCE
Creating an Inclusive Workforce System:
Implementing WIOA Section 188’s Equal
Opportunity Provisions (January 2016)
http://www.leadcenter.org/webinars/creating-inclusive-
workforce-system-implementing-wioa-section-188-s-
equal-opportunity-provisions
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FINAL RULE
Updating Section 188 WIOA
Nondiscrimination and Equal
Opportunity Regulations
(29 CFR Part 38)
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WIOA SECTION 188 FINAL RULE
The new WIOA Section 188 regulations were published in
the Federal Register on December 2, 2016 and became
effective on January 3, 2017.
The U.S. DOL Civil Rights Center announced the
publication of the Final Rule updating the Section 188
WIOA Nondiscrimination and Equal Opportunity
Regulations (29 CFR Part 38).
The Final Rule provides important updates to the existing
regulations, which have not been updated since 1999.
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WIOA SECTION 188 FINAL RULE
This rule increases equality of opportunity for the millions
of job applicants, training participants, program
beneficiaries, and employees of recipients who interact
with the workforce development system each year.
The rule ensures equal access to the workforce system for
people with disabilities by bringing the regulations in line
with updated disability rights law.
The rule brings the CRC regulations in accord with the Americans
with Disabilities Act Amendments Act of 2008 and the implementing
regulations and guidance issued by the Department of Justice, as
well as the implementing regulations and guidance issued by the
Equal Employment Opportunity Commission.
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WIOA SECTION 188 FINAL RULE
The Final Rule’s updated language ensures that the
definition of “disability” will be interpreted broadly, which
will enable more individuals with disabilities to be
effectively served within the workforce development
system.
The rule also addresses accessibility requirements (such
as for information and electronic technologies) and service
animals.
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WIOA SECTION 188 FINAL RULE
The rule’s updates also enhance access to the system, in
particular for people with disabilities, individuals with
limited English proficiency, transgender individuals who
may face various forms of sex discrimination, and
individuals who are pregnant, have had a child or have
related medical conditions.
Final Rules can be found through DOL-CRC’s website:
www.dol.gov/crc
CRC Fact Sheet on Section 188 Final Rule
https://www.dol.gov/crc/188rule/fact-sheet.htm
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CHANGES IN WIOA’S EO PROVISIONS
(SECTION 188): KEY WEBINAR RESOURCE
What Disability Advocates Need to Know about
New WIOA Equal Opportunity Provisions
(February 2017)
http://www.leadcenter.org/webinars/what-disability-
advocates-need-know-about-new-wioa-equal-
opportunity-provisions
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WHAT IS SECTION 188?
Section 188 implements the nondiscrimination and equal opportunity provisions of WIOA, which are contained in section 188 of the statute.
Section 188 prohibits discrimination on the grounds of race, color, religion, sex, national origin, age, disability, political affiliation or belief, among other bases.
Section 188 also requires that reasonable accommodations be provided to qualified PWD in certain circumstances.
Section 188 of WIOA contains provisions identical to those in Section 188 of WIA (*See Updates to 188 as of 01/03/17).
The regulations for Section 188 of WIOA can be found at 29 CFR Part 38.
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WHO DOES SECTION 188 APPLY TO?(29 CFR §38.2, 38.4)
“Recipients” are defined as:
Any entity to which financial assistance under WIOA Title I is extended, including:
State level agencies that administer or are financed by WIOA Title I funds
State Employment Security Agencies
State and local Workforce Investment/Development Boards
One-Stop Operators
Service providers, including eligible training providers
On-the-Job Training employers
Job Corps contractors and center operators (excluding federally-operated Job Corps centers, and
Programs and activities that are part of the One-Stop delivery system that are operated by One-Stop partners
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WHO IS A PERSON WITH A DISABILITY?
For the purposes of the 188 Reference Guide, the
term “individual with a disability” is defined in the
current Section 188 regulations as an individual with
“a physical or mental impairment that substantially
limits one or more of the major life activities of such
individual; a record of such an impairment; or being
regarded as having such an impairment.”
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WHAT IS A REASONABLE ACCOMMODATION?
“Reasonable accommodation” is defined in the current
Section 188 regulations as “modifications or adjustments”:
To an application/registration process that enables a qualified
applicant/registrant with a disability to be considered for the aid,
benefits, services, training or employment that the qualified
applicant/registrant desires;
That enable a qualified individual with a disability to perform the
essential functions of a job, or receive aid, benefits, services, or
training equal to that provided to qualified individuals without
disabilities;
That enable a qualified individual with a disability to enjoy the same
benefits and privileges of the aid, benefits, services, training, or
employment as are enjoyed by other similarly situated qualified
individuals without disabilities.”
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REASONABLE ACCOMMODATION EXAMPLES
Maintain unobstructed hallways, aisles, other building egress
Implement a "fragrance-free" workplace policy
Room enclosures to reduce auditory/visual distractions
Screen reading software for computer use
Increase font size or change Accessibility Options in
Windows Accessories control panel
**Best way to determine an effective accommodations?
Ask the Customer!
**Still need help figuring out an effective accommodations?
Ask JAN! - https://askjan.org/
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WHAT IS UNIVERSAL ACCESS?
Universal Access is taking appropriate steps to ensure
access to programs and activities for all eligible
individuals, including individuals with disabilities.
In order to ensure universal access, an AJC must pay
particular attention to the various functions it performs,
including strategic planning; marketing and outreach;
consultation with community groups; operational
collaboration among partners; training; intake, registration,
and orientation; and service delivery.
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UNIVERSAL ACCESS EXAMPLES
During welcome/orientation, ask ALL customers if they need
assistance rather than only those you think have a disability.
Make information on all services available to ALL customers,
avoid assuming certain customers may or may not be
interested in certain services.
Provide options for career assessment that can be completed
on-line, on paper, through an interview or other flexible
options like Discovery.
Provide information through on-line self-directed methods, as
well as in group workshop settings.
Provide information in multiple languages.
Use signage with graphics and pictures combined with text.
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SECTION 188 DISABILITY REFERENCE GUIDE
On July 6, 2015, the Department of Labor released:
Promising Practices in Achieving Universal Access & Equal
Opportunity: A Section 188 Disability Reference Guide
https://www.dol.gov/oasam/programs/crc/Section188Guide.pdf
The Reference Guide was jointly developed by:
Civil Rights Center (CRC)
Employment and Training Administration (ETA)
Office of Disability Employment Policy (ODEP)
With support and assistance from ODEP’s LEAD Technical
Assistance Center at the National Disability Institute.
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SECTION 188 DISABILITY REFERENCE GUIDE
The promising practices in the Guide correlate
with the nondiscrimination (equal opportunity) and
universal access requirements of Section 188 of
the Workforce Investment Act (WIA):
Reference Guide does not create new legal
requirements or change current legal requirements;
Promising practices do not preclude states and
recipients from devising alternative approaches;
Adoption of promising practices will not guarantee
compliance.
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188 GUIDE: SECTION 1 - UNIVERSAL ACCESS
Universal access to programs and activities:
Understanding local needs
Marketing and outreach
Involving community groups and schools
Effecting collaboration, including partnerships/linkages
Intake, registration and orientation
Staff training
Assessments and screenings
Service delivery
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188 GUIDE: SECTION 1 - UNIVERSAL ACCESS
Recurring Themes of Promising Practices
Partnerships with diverse disability groups
Resource mapping and coordination
Disability knowledge of staff
Training opportunities around disability
National/State/Local disability resources
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188 GUIDE: SECTION 2 - EQUAL OPPORTUNITY
Equal Opportunity:
Prohibits
Discrimination against people with disabilities
Discrimination in employment practices
Promotes
Reasonable Accommodations for people with disabilities
Reasonable Modifications of policies, practices, procedures
Programs and activities in most integrated setting appropriate
Effective communication with people with disabilities
Program, architectural, and information and communication
technology accessibility
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188 GUIDE: SECTION 2 – EQUAL OPPORTUNITY
Recurring Themes of Promising Practices
Interactive process and procedures for reasonable
accommodations
Legal practices around Asking, Telling, Using, and Storing
of disability-related information
Representation of people with disabilities in all AJC
services and programs
Referrals of people with disabilities to separate programs
are not automatic
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188 GUIDE SECTION THREE: IMPLEMENTING
UNIVERSAL ACCESS & EQUAL OPPORTUNITY
Implementing Universal Access & Equal
Opportunity
Designation of Qualified Equal Opportunity Officer
Notice and Communication
Assurances
Data and Information Collection, Analysis, and Maintenance
Monitor for Compliance and Continuous Improvement
Complaint Processing Procedures
Corrective Actions/Sanctions
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BACKGROUND
Missouri’s workforce system has 14 workforce areas.
Most programs, services and activities are serviced
through our job centers.
There are thirty five (35) job centers and thirteen (13)
affiliates. Missouri Division of Workforce Development
partners with:
Missouri Department of Labor Employment Security
Missouri Department of Elementary and Secondary Education
Vocational Rehabilitation
Missouri Family Service Division
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BACKGROUND
2010 Civil Rights Center monitored the Missouri for
Equal Opportunity Compliance
Missouri DWD was charged to revamp their
nondiscrimination and equal opportunity program
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BACK TO THE BASICS
ETA AND CRC: A DIFFERENCE IN FOCUS
ETA is going to follow your dollars and ensure that
dollars are spent in accordance with program
requirements
CRC is going to follow to ensure compliance with the
nondiscrimination requirements of WIOA Section 188
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SECTION 188 MISSOURI WORKFORCE PILOT
Chose to focus on disability
Disability cuts across race, age, gender, sexual
orientation and gender identity, ethnicity, religion and
socio-economic status
AND…only minority group that anyone can join any
time
Use Section 188 Disability Reference Guide as a
blueprint to improve equal opportunity
GET BOARDS AND MANAGEMENT
INVOLVED
Information, Education, and Action
NASWA Equal Opportunity Conference
Partnerships with LEAD
Climate Survey with Missouri Job Centers Staff
Climate Survey with Missouri Job Center Customers
Climate Survey with Missouri Job Center Employers
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STAFF SURVEY RESULTS
Ensure centers are accessible for everyone
Increase presence of disability navigator
Refresher training/brush-up on assistive technology
Offer programs for money management
Cross train with Vocation Rehabilitation (VR)
Making the Reasonable Accommodation policy more
visible for staff and customers
Integrate equipment for people with disabilities
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JOB SEEKER SURVEY RESULTS
670 Job Seekers Responded to the Survey
8% disclosed their disability - typically 2-3% of participants
disclose disability in initial application process
Overall 94% reported staff were welcoming
6% overall said Job Centers could improve customer
service
87% who disclosed a disability reported it was easy to
access by car or public transportation
Of those that disclosed a disability, 5 job seekers indicated
that they did not receive their accommodation
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EMPLOYER CUSTOMER SURVEY RESULTS
100 Employers Responded to the Survey
65% of businesses had diversity policies that included disability
68% of businesses had an accommodation policy in place for job applicants and current employees
15% had Employer Resource Group (ERG) or Affinity Group specific to disability
36% of businesses engaged in targeted outreach to job seekers with disabilities, either directly or through partnership
36% of businesses had marketing materials that included or portray employees with disabilities
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EMPLOYER SURVEY RESULTS CONTINUED
68% of the businesses have a formal or informal
process to customize/modify a position to meet the
needs of a current or returning employee with a
disability (e.g., flexible schedule, modifying a job
description, etc.)
20% of the businesses wanted Missouri Job Center
Business Service Representatives to follow-up for
more services
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MISSOURI ACTION STEPS
Providing training on WIOA Section 188
Separate training for management and front line staff
Offer 3 different webinar sessions
Reviewing Local Boards Reasonable Accommodation
Policy
Revised Case Note Policy
Local Boards will create a strategic Outreach Plan
Bi-annual surveys for Job Seekers and Employers
Annual surveys for Job Center Staff
Create online resources for our business customers
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SECTION 188 MISSOURI WORKFORCE
MOVING BEYOND COMPLIANCE
Strengthen partnership with State VR in Section188
activities and training
Re-vamp survey/assessment using relatable language
and scenarios
Implement collaborative training series with VR based
on survey responses and statewide disability themes
Engage local EOOs with local workforce center staff
Assign ‘Action Items’ for staff to learn firsthand by
engaging in promising practices around disability
ACTION ITEM FINDINGS FROM SURVEY
Strengthened new & existing partnerships between
workforce & disability
Promoted ongoing cross-systems training
Uncovered model job center approaches & best
practices for training & challenges/solutions
Revealed widespread need for accommodation training
Emphasized the need for disability awareness training
into overall existing model of customer service
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MISSOURI JOB CENTER CERTIFICATION
Title I of WIOA requires job centers, in consultation with
local Chief Elected Officials (CEO) and Local
Workforce Development Boards (Local WDBs) in their
Local Workforce Development Area (LWDAs), to
establish criteria and procedures to evaluate and to
certify One-Stop Job Centers.
This evaluation and certification examines effectiveness
(including customer satisfaction),
physical and programmatic accessibility,
and continuous improvement.
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SECTION 188 DISABILITY REFERENCE
GUIDE & JOB CENTER CERTIFICATION
What Missouri included in their certification
No outstanding violations
WIOA Section 188
Program and Financial
Programmatic Accessibility
Physical Accessibility
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PROGRAMMATIC ACCESSIBILITY
Equal and Effective Access to:
Programs, Services and Activities
Job Centers need effective policies, practices and
procedures
Outreach is Key (to people with disabilities and
underserved communities)
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MISSOURI JOB CENTER CERTIFICATION
REQUIREMENTS
Programmatic Accessibility
Does Missouri Job Center(s) provide access to program information including core partner programs?
Does Missouri Job Center(s) offers all customers, including those with disabilities, access to education and training, leading to industry recognized credentials?
Is required Equal Opportunity tag line included on all documents?
Does Local EO Officer periodically review policies and procedures regarding accessibility and equal opportunity and provide staff training and updates?
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MISSOURI JOB CENTER CERTIFICATION
REQUIREMENTS
Physical Accessibility
Modifications of the physical aspects of your location include:
Indoor walkways
Cubicle settings and computer work stations
Alarm systems and Signage
Parking and Access by public transportation
Common Areas used by Customers
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Physical Accessibility
Does Job Center meet the physical accessibility requirements of WIOA Section 188, set forth in 29 CFR part 38?
Are workshops accessible to all customers?
Are Job Center utilize available resources?
Does Job Center provide required orientations that inform all customers of all programs, services and activities?
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MISSOURI JOB CENTER CERTIFICATION
REQUIREMENTS
THINGS TO THINK ABOUT
Empower the Role of the State and Local EO Officer
Communication
Contracts & Agreements
Universal Access
Compliance with 504 Disability Requirements
Data Collection
Monitor For Compliance
Complaint Process
Corrective Action & Sanctions
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OTHER STATE EFFORTS WITH SECTION 188
Diverse partners needed to address access for ALL
Champions in workforce and disability needed to lead
and facilitate collaborative action
Collaboration with Equal Opportunity Officers critical
Ongoing surveying of staff, customers and businesses
around disability to determine training needs
Developing hands-on staff training and practice
opportunities with support/resources
Ensuring ongoing training opportunities for workforce
system, including core partners, leadership and staff
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CONNECT WITH THE LEAD CENTER
Website: www.leadcenter.orgEmployment First: http://employmentfirst.leadcenter.org/
Sign up for LEAD Center News: http://eepurl.com/sQiHr
Follow the LEAD Center on…Facebook: www.facebook.com/LEADCtr
Twitter: @LEADCtr
LinkedIn: linkedin.com/groups/LEAD-Center-4828089
YouTube: https://www.youtube.com/user/LEADCtr
Contact us: Rebecca Salon, Project Director, [email protected]
Elizabeth Jennings, Asst. Project Director, [email protected]
Aramide Awosika, Project Coordinator, [email protected]
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