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Methods of Administration (MOA) Element One

Learn about the Methods of Administration (MOA) program in the Missouri Division of Workforce Development. Find out how the MOA ensures compliance with non-discrimination laws and promotes equal opportunity in workforce programs.

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Methods of Administration (MOA) Element One

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  1. Methods of Administration (MOA)Element One Missouri Division of Workforce Development

  2. What is a Methods of Administration (MOA)? • Basically, it’s the Governor’s nondiscrimination program • Governor is responsible for ensuring that all covered State programs comply with Section 188 and the regulations (Section 38.51) • MOA: Describes how Governor carries out that responsibility • So what laws are we talking about here? • Workforce Innovation and Opportunity Act 2014 (WIOA), Section 188 • Implementing regulations: 29 CFR part 38 • Regulations are laws!

  3. What is a Methods of Administration (MOA)? • So what laws are we talking about here? • Workforce Innovation and Opportunity Act 2014 (WIOA), Section 188 • Implementing regulations: 29 CFR part 38 • Regulations are laws!

  4. Who must comply with these laws? • WIOA Section 188 and regulations apply to the: • Governor • Recipients of WIOA financial assistance, as defined in 29 CFR part 38 Examples of recipients: • All programs and activities: • offered by One-Stop partners • through One-Stop delivery system • Job Corps

  5. How is the MOA used? • CRC reviews it to ensure that overall EO program: • complies with the law • is effective • State- and local-level EO Officers, staff and management can consult it when deciding how to handle a particular situation • But the whole point of the MOA is … • to ensure nondiscrimination and equal opportunity for everyone who comes in contact with your workforce system

  6. What are the nine MOA elements? 1. Designation of Equal Opportunity Officers 2. WIOA Equal Opportunity Notice & Communication 3. Assurances 4. Universal Access 5. Compliance with Disability Laws 6. Data Collection & Recordkeeping 7. Monitoring 8. Complaint Processing Procedures 9. Corrective Actions/Sanctions Procedures

  7. General format for written MOAs • For each element: • Narrative • Explains how each Governor and LWB ensures that recipients comply with relevant regulatory requirements • Supporting documentation • Evidence to show that Governor and LWB has actually carried out his/her responsibilities

  8. Designation of State and Sub-State Level Equal Opportunity (EO) Officer Element One

  9. Key Requirements • Every State and local workforce Innovation area (LWA) must designate an EO Officer. (29 CFR 38.23) • An EO Officer must be eligible for the position. (29 CFR 38.24) • The EO Officer must coordinate a recipients responsibilities. (29 CFR 38.25) • States and LWAs must carry out specific obligations regarding their EO Officer. (29 CFR 38.26)

  10. Key Requirement #1 Every State and local workforce area must designate an EO Officer.

  11. Who is required to designate anEO Officer? All 50 States Washington, D.C. Puerto Rico Virgin Islands All Local Workforce Areas

  12. Key Requirement #2 • An EO Officer must be eligible for the position by meeting two criteria: • EO Officer must be senior-level employee reporting directly to the top official on EO matters. • EO Officer’s job duties and reporting relationships must not create or give the appearance of a conflict of interest.

  13. First Eligibility Criterion • Senior-level employee reporting directly to the top official on EO matters. Term to Know- Top Official The head of local day-to-day WIOA programs and activities.

  14. Second Eligibility Criterion 2. No conflict of interest. Term to Know– Conflict 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 or her official duties.

  15. Second Eligibility Criterion (cont’d) • No conflict of interest. Examples of Conflict • EO Officer makes judgments about possible equal opportunity wrongdoings of his or her boss. • EO Officer also responsible for defending management actions and decisions against legal challenges.

  16. Conflict of Interest: Example Interest 2: Personal Desire Desire to please the boss in order to get promoted Interest 1: WIOA Responsibility EO Officer, reporting to the HR Director, reviews personnel decisions made by the boss, for EO compliance CONFLICT

  17. Key Requirement #3 • The EO Officer must perform the following: • Provide liaison with the CRC • Conduct EO monitoring & investigations • Review recipients’ written EO policies • Develop and publish procedures for processing discrimination complaints • Report EO matters directly to the top official • Undergo training to maintain competency • Develop and implement the MOA (if applicable)

  18. Key Requirement #4 • State and LWAs must assist the EO Officer by doing the following: • Make public the EO Officer’s name, position title, address, and telephone number. • Ensure that the EO Officer’s identity and contact info appear on all internal, and external communications. • Assign sufficient staff and resources to the EO Officer, which provides top management support. • Ensure that the EO Officer and staff have training opportunities needed to maintain competency

  19. Term to Know-Sufficient Staff Any reasonable justification for the staffing levels and resources, proposed for meeting the needs of the local area, given its size and population.

  20. General Documentation • Documentation should describe: • Policy governing designations of EO Officer. • Instructions for complying with EO Officer designation and support. • Proof of the publication of EO Officer identities and contact information. • Provisions for sufficient personnel, staff training, and operating resources. • Description of the duties and responsibilities of the EO Officer(s). • Identification of the EO duties and responsibilities to be performed by implementation staff.

  21. Questions and Comments For additional information about Missouri Division of Workforce Development services, contact a Missouri Job Center near you. Locations and additional information are available at jobs.mo.gov or (888) 728-JOBS (5627). • Missouri Division of Workforce Development is an equal opportunity employer/program. Auxiliary aids and services are available upon request to individuals with disabilities. Missouri TTY Users can call (800) 735-2966 or dial 7-1-1. (REV 06-2017) Danielle Smith, State EO Officer Phone: 573-751-2428, Missouri Relay Services at 711 Fax: 573-751-4088 Email: danielle.smith@ded.mo.gov

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