EO Officer EO Officer OrientationOrientation

For Job Corps

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Presented by:Presented by:

Denise SudellSenior Policy AdvisorU.S. Department of LaborCivil Rights Center

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What Federal What Federal Nondiscrimination Laws Nondiscrimination Laws Relate to EO Officer Issues?Relate to EO Officer Issues?•Workforce Investment Act of 1998

(WIA), Section 188 • Implementing regulations: 29 CFR

part 37 Apply to Job Corps entities at all levels

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What Federal laws relate? What Federal laws relate? (cont’d)(cont’d)

•Sections of WIA nondiscrimination regs that explain EO Officer requirements applicable to Job Corps: 29 CFR 37.23 through 37.26

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Methods of Administration (MOA) Methods of Administration (MOA) ElementsElements

1. Designation of Equal Opportunity Officers

2. Equal Opportunity Notice & Communication

3. Assurances and Related Documents

4. Universal Access

5. Compliance with Federal Disability Nondiscrimination Laws

6. Data Collection & Recordkeeping

7. Monitoring for Compliance with EO Laws

8. Complaint Processing Procedures

9. Corrective Actions/Sanctions

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Who is covered by (has to Who is covered by (has to comply with) these laws?comply with) these laws?

• Centers and Center Operators• Job Corps contractors and

subcontractors, including Outreach and Admissions contractors and placement agencies Exception: contractors holding procurement

contracts, unless . . . the contract is to operate or provide

services to a Job Corps Center

• Job Corps National and Regional Offices

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Who is protected from Who is protected from discrimination under these discrimination under these laws?laws?•Not just applicants and students!

Employees of:CentersCenter Operators, to the extent that they

do work that is related to Job CorpsJob Corps contractors (with exceptions

explained on last slide) Applicants for employment for these

positions Anyone else who comes into contact

with Job Corps

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Key Requirements re: EO Key Requirements re: EO OfficersOfficers

1. Every Job Corps Center, Center Operator, and contractor must designate an EO Officer.

2. An EO Officer must meet the eligibility requirements imposed by the regulations.

3. The EO Officer must carry out the responsibilities of the position, including (at a minimum) those listed in the regulations.

4. Centers, Center Operators, and contractors must carry out specific obligations regarding their EO Officers.

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Key Requirement #1Key Requirement #1

•Every Center, Center Operator, and contractor must designate an EO Officer

•The EO Officer does not necessarily have to work in/for the Center, or the contractor facility, over which s/he has jurisdiction Separation can help avoid conflicts of

interest

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•If you’re the EO Officer for a Center Operator or contractor: Do you handle issues involving

the operator’s/contractor’s employees and applicants for employment? If not, who does?

Questions for youQuestions for you

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•If you work (but are not the EO Officer) for a Center Operator or contractor: Do you know who your EO Officer is? Do you know where you (as an

employee) would file a complaint alleging that your rights under WIA Section 188 and its regs had been violated?

Questions for youQuestions for you

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Key Requirement #2Key Requirement #2

• An EO Officer must be eligible for the position by meeting regulatory criteria Three relevant criteria Related to:

Employee position (level in organization) and reporting relationships

Ability to give top priority to EO-related responsibilities

Lack of conflicts of interest (actual or apparent)

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First Eligibility CriterionFirst Eligibility Criterion

•Senior-level employee reporting directly to the top official on EO matters (29 CFR 37.24, 37.25[e]) What does “senior-level employee”

mean? Who’s the top official in the entity for

which you have responsibility?

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Second Eligibility CriterionSecond Eligibility Criterion

• Regulatory language says “may have other duties” (29 CFR 37.24) – depends on: size of recipient size of programs / activities number of applicants / registrants / participants

served

• Translation: S/he must be able to: Give top priority to his/her EO-related

responsibilities Adequately accomplish all of those

responsibilities

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Third Eligibility CriterionThird Eligibility Criterion

•No actual conflict of interest •No appearance of a conflict

Term to KnowTerm to Know – – Conflict of InterestConflict of Interest

A situation in which a person, such as a public official, has an interest (personal or official) that is sufficient to influence, or appear to influence, the objective exercise of his/her official duties

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Conflict of Interest Conflict of Interest

• Examples of Conflict EO Officer makes judgments about

possible equal opportunity wrongdoings of his/her boss

EO Officer also responsible for defending management actions and decisions against legal challenges

• EO Officer must be able to be objective without suffering consequences

Conflict of Interest: ExampleConflict of Interest: Example

CONFLICT

Interest 1: EO

Responsibility

EO Officer, reporting to

the HR Director, reviews

personnel decisions

made by the boss, for EO compliance

Interest 2: Personal Desire

Desire toplease the

bossin order to

get promoted

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Your experienceYour experience

•As an EO Officer, have you encountered a situation that presented a conflict of interest?

•If so, how did you handle the situation?

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Evaluating Conflicts of Evaluating Conflicts of InterestInterest

• Civil Rights Center will evaluate conflicts of interest on a case-by-case basis, considering two factors:

1. What the EO Officer’s (and EO staff’s) duties, responsibilities, and organizational locations are

2. Whether the Center / operator / contractor has set up its processing system so a neutral party handles complaints that could cause conflict

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Activity: Identifying a Activity: Identifying a Conflict of InterestConflict of InterestTask:Task:• You are a new member of the CRC staff.

You have been asked to review a potential conflict of interest brought to CRC by the Job Corps National Office.

• Read the Mini Case Study. Identify any potential conflicts of interest.

• Share your findings with the group.

Time:Time: 5 minutes to read; 10 minutes to

discuss

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Smith and Smith Organizational Smith and Smith Organizational ChartChart

Exec DirectorA. Jolie

Tammany HallCenter Director

B. Pitt

Roscoe ConklingCenter DirectorC.C. Arquette

William TweedCenter Director

M. Perry

G.W. PlunkittCenter Director

L. Kudrow

Finance DirectorJ. Aniston

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Key Requirement #3Key Requirement #3

•EO Officer must carry out, at a minimum, the following responsibilities:

Conduct EO monitoring & investigations

Review written policies to make sure they comply with EO-related legal requirements

(cont’d on next slide)

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More EO Officer More EO Officer responsibilitiesresponsibilities

Re: discrimination complaint processing procedures:

Either:

– Develop and publish procedures, or

– Ensure procedures comply with legal requirements, and

Ensure lawful procedures are followed

Report EO matters directly to the top official

Undergo training to maintain competency

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Key Requirement #4Key Requirement #4

• Centers, Center Operators, and contractors must carry out obligations imposed by law Make public the EO Officer’s name, title,

specific contact info Ensure that the EO Officer’s identity and

contact info appear on all internal and external communications about nondiscrim / EO

Assign sufficient staff and resources to the EO Officer and provide top management support

Ensure that the EO Officer and staff have training opportunities needed to maintain competency

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Complaint Complaint Processing: some Processing: some

misunderstood misunderstood issuesissues

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Complaint Processing: some Complaint Processing: some misunderstood issuesmisunderstood issues

•Who may file•Time for filing• “Informal” resolution• “Appeal” to CRC

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Who May File A Complaint?Who May File A Complaint?

•Anyone (individual or organization) that believes that one of the following has been subjected to discrimination prohibited by WIA Section 188 or 29 CFR part 37: The individual him/herself Any class of individuals

Complainant doesn’t have to be member of class / victim of discrimination!

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Time for filingTime for filing

•Regs include specific timeframes for filing complaints Initial complaint: w/in 180 days of

alleged discrimination Complaint to CRC after attempt to

resolve at Job Corps level: 30 days after relevant action (or failure to act)

•BUT . . .

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Time for filing Time for filing (cont’d)(cont’d)

•. . . CRC Director may grant an extension of either timeframe Complainant must:

contact CRC to ask for extensionshow that there’s good cause for

granting extension

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““Informal” resolutionInformal” resolution

•Regs require that when someone comes to you with discrimination complaint, you: Must immediately give them form for

filing written complaint Must not make any effort to resolve

complaint “informally” before giving them the form

(more on next slide)

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““Informal” resolution Informal” resolution (cont’d)(cont’d)

•Complaint processing procedures must include method of alternative dispute resolution (ADR), but . . . several formal steps must be taken

before ADR phase is reached, and . . . only complainant has the right to

decide whether to use ADR or customary/formal process for resolving complaints

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““Appeal” to CRCAppeal” to CRC

• If the complainant is dissatisfied with the Center’s / Center Operator’s / contractor’s / Regional Office’s resolution of the complaint: S/he has the right to file with CRC

within 30 days, but . . . must file new complaint – not appeal

(more on next slide)

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““Appeal” to CRC Appeal” to CRC (cont’d)(cont’d)

•Filing with CRC is not “appeal” because: CRC will:

conduct a new investigation, or attempt to resolve complaint through

mediation  (29 CFR 37.89, 37.90)

CRC will not review:the resolution of the complaint, or the record underlying the resolution

You Create The Quiz!You Create The Quiz!

• In your groups, come up with 3 questions regarding the designation of an EO Officer. (5 minutes)

• Draw lots to determine which group asks a question first. The group that first answers correctly gets a point, then asks a question.

• Take turns asking questions. Continue process until all have asked questions or until after 20 minutes, whichever is shorter.

• The group with the most points wins.

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Where to Get More Where to Get More InformationInformation

•Civil Rights Center (CRC)U.S. Department of Labor200 Constitution Avenue N.W.Room N-4123Washington, D.C. 20210http://www.dol.gov/oasam/programs/crc/

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How to contact meHow to contact me

• Postal Mail: Denise Sudell, Civil Rights Center, U.S.

Department of Labor, 200 Constitution Ave. NW, Washington, DC 20210

• Telephone: 202-693-6554 (voice) 800-877-8339 (Federal Information Relay

Servicefor TTY/TDD)

• E-Mail: sudell.denise@dol.gov