5.2.1 Overview
Effective date: July 1, 2020
Each local WDB must designate a local-level EO Officer. The local-level EO Officer must be a senior-level employee and report directly to the local WDB Executive Director. 1 The local-level EO Officer is responsible for equal opportunity compliance within the local WDB and must be allowed sufficient authority and resources to perform these duties.2 The EO Officer's name, position title, address, and telephone number must be made public. The EO Officer's identity and contact information must appear on all internal and external communications related to nondiscrimination and equal opportunity programs.3
Depending upon the size of the local WDB, the size of the local WDB's WIOA Title I-financially assisted programs or activities, and the number of applicants, registrants, and customers serviced by the local WDB, the EO Officer may or may not have other duties.4
The EO Officer's job duties and reporting relationships must not create or give the appearance of a conflict of interest.5 The DWD-DET EO Officer will evaluate conflicts of interest on a case-by-case basis, considering all the duties, responsibilities, and organizational locations of the EO Officer and EO staff.
5.2.2 EO Officer Responsibilities
Effective date: July 1, 2020
The EO Officer's responsibilities include, but are not limited to:
- Understanding WIOA Section 188 and related civil rights and nondiscrimination regulations.1
- Monitoring and reviewing local WDB activities, and the activities of those entities that receive WIOA Title I funds from the local WDB, to ensure the local WDB and its subrecipients do not violate nondiscrimination and EO obligations under WIOA Title I, § 504 of the Rehabilitation Act of 1973, or their implementing regulations.2 DWD-DET requires annual monitoring of subrecipients.
- Reviewing the local WDB's written policies to ensure that the policies are nondiscriminatory.3
- Developing the local WDB's policies for processing discrimination complaints, making that information available to the public in appropriate languages and formats, and ensuring that the complaint procedures are followed.4
- Conducting outreach and education on equal opportunity and nondiscrimination requirements consistent with 29 CFR § 38.40 and on how an individual may file a complaint consistent with 29 CFR § 38.69.5
- Attending training, at the local WDB's expense, to maintain competency.6
- Reporting EO matters directly to the appropriate official(s)—including, but not limited to, the local WDB Executive Director and/or DWD-DET EO officer.7
- Ensure service provider compliance with the nondiscrimination and equal opportunity provisions of WIOA.8
5.2.3 EO Officer Training
Effective date: July 1, 2020
Local WDBs must ensure competency through initial and regularly updated training for designated EO Officers.1 The local WDB is responsible for covering all training expenses for the local-level EO Officer(s) and their staff.2 DWD-DET requires that the local EO Officer receive at least eight hours of training per fiscal year from training sources (for example, EO-related webinars, forums, seminars, and/or conferences) that have been approved by the DWD-DET EO Officer. In order to receive credit, local EO Officers must request approval for trainings/training sources by providing the course information to the DWD-DET EO Officer via email
DWD-DET requires that training attendance documentation is maintained, including the course title, organization name, date(s), number of hours, and a brief course description. This documentation must be submitted to the DWD-DET EO Officer:
- upon request;
- during compliance reviews;
and/or
- as needed by DOL.
5.2.4 EO Officer Notification/Changes
Effective date: July 1, 2020
DWD-DET requires that each local WDB make available:
- contact information for the designated local-level EO Officer;
- the local-level EO Officer's position description that includes all other duties that are not related to equal opportunity matters;
and
- an organizational chart showing the relationship of EO Officer to their local WDB Executive Director.
DWD-DET requires that the EO Officer position is filled at all times. If there is a change in the EO Officer position the local WDB must notify the DWD-DET EO Officer within five working days after the change occurs.
