New York State Workforce Development System New York State
Technical Advisory
 
May 31, 2001
Workforce Development System Technical Advisory 01-12
 
TO: Chairpersons of Local Workforce Investment Boards
Chief Elected Officials
WIA Grant Recipients
WIA Fiscal Agents
WIA Local Area Contact Persons
Subject:Local Workforce Investment Areas' Designated Equal Opportunity (EO) Officers
Purpose:To provide a means for local Workforce Investment Areas (Local Areas) to notify the NYS Department of Labor (NYSDOL) of their designated EO Officers
Background: Section 188 of the Workforce Investment Act (WIA) sets forth U.S. Department of Labor (USDOL) policy concerning nondiscrimination: programs and activities funded or financially assisted, in whole or in part, under WIA are prohibited from discrimination regarding participation, benefits and employment.

Federal Register, at 29 CFR Part 37, sets forth the regulations governing the "Implementation of the Nondiscrimination and Equal Opportunity Provisions of the Workforce Investment Act of 1998."

According to 29 CFR 37, "a senior level employee of the recipient should be appointed as the recipient's Equal Opportunity Officer;…he or she must not have other responsibilities or activities that create a conflict, or the appearance of a conflict, with the responsibilities of an EO Officer." It is the intent of the regulations that the "EO Officer is able to give top priority to, and to adequately accomplish all of his/her responsibilities under the nondiscrimination and equal opportunity provisions of WIA." These responsibilities include, but are not limited to:

  • handling discrimination complaints at the lowest level
  • serving as the recipient's liaison with NYSDOL
  • monitoring and investigating the recipient's activities and those of the entities that receive Title I funds from the recipient
  • reviewing the recipient's written policies
  • developing and publishing the recipients procedures for processing discrimination complaints
  • reporting directly to the appropriate official
  • undergoing training to maintain competency
  • training recipient staff in equal opportunity policies

Technical Advisory #01-2, "Implementation of the Nondiscrimination and Equal Opportunity Provisions of the Workforce Investment Act of 1998," was issued by NYSDOL in January 2001, and required that each Local Area designate an Equal Opportunity Officer. Therefore, NYSDOL expects that this designation has been made and that each Local Area has fully established its nondiscrimination procedures in accordance with 29 CFR Part 37. As the recipient of Title I funds, federal regulations require that the Local Area make "the Equal Opportunity Officer's name, and his or her position title, address, and telephone number (voice and TDD/TTY) public."

At this time, DOL is requiring that each area submit the name and pertinent information of the EO Officer. The names will be compiled into a statewide list and submitted to USDOL in compliance with their request.

Action: Each Local Area must submit the name of its designated EO Officer to the NYSDOL no later than June 15, 2001. To simplify the process, a form has been provided on the Workforce Development web site at http://www.workforcenewyork.org. Go to "Technical Assistance," "Forms," complete the form and submit the information. A sample is attached for your review.
Attachment:Designated Equal Opportunity Officer Information Form
Information:The regulations are accessible at http://www.access.gpo.gov/nara/cfr
Choose New Code of Federal Regulations Browse Feature. Scroll to Title 29. Check the box for July 1, 2000. Hit enter. Select 0-99, Subtitle A - Office of the Secretary of Labor. Scroll to Part 37 and click on that. You will have an index of the questions/answers contained in the regulations and can view specific information by accessing specific questions.