EO Officer Orientation

1. EO Officer Orientation For Job Corps

2. Presented by: Denise Sudell Senior Policy Advisor U.S. Department of Labor Civil Rights Center

3. What Federal Nondiscrimination Laws 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

4. What Federal laws relate? (cont’d) • Sections of WIA nondiscrimination regs that explain EO Officer requirements applicable to Job Corps: 29 CFR 37.23 through 37.26

5. Methods of Administration (MOA) Elements 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 4 4

6. Who is covered by (has to 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

7. Who is protected from discrimination under these laws? • Not just applicants and students! • Employees of: • Centers • Center Operators, to the extent that they do work that is related to Job Corps • Job Corps contractors (with exceptions explained on last slide) • Applicants for employment for these positions • Anyone else who comes into contact with Job Corps

8. Key Requirements re: EO Officers • Every Job Corps Center, Center Operator, and contractor must designate an EO Officer. • An EO Officer must meet the eligibility requirements imposed by the regulations. • The EO Officer must carry out the responsibilities of the position, including (at a minimum) those listed in the regulations. • Centers, Center Operators, and contractors must carry out specific obligations regarding their EO Officers.

9. Key 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

10. Questions for you • 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?

11. Questions for you • 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?

12. Key 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)

13. First 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?

14. Second 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

15. Third Eligibility Criterion • No actual conflict of interest • No appearance of a conflict 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/her official duties

16. 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 objectivewithout suffering consequences

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

18. Your experience • As an EO Officer, have you encountered a situation that presented a conflict of interest? • If so, how did you handle the situation?

19. Evaluating Conflicts of Interest • Civil Rights Center will evaluate conflicts of interest on a case-by-case basis, considering two factors: • What the EO Officer’s (and EO staff’s) duties, responsibilities, and organizational locations are • Whether the Center / operator / contractor has set up its processing system so a neutral party handles complaints that could cause conflict

20. Activity: Identifying a Conflict of Interest 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: • 5 minutes to read; 10 minutes to discuss

21. Smith and Smith Organizational Chart

22. Key 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)

23. More EO Officer responsibilities • 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

24. Key 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

25. Complaint Processing: some misunderstood issues

26. Complaint Processing: some misunderstood issues • Who may file • Time for filing • “Informal” resolution • “Appeal” to CRC

27. 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!

28. Time 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 . . .

29. Time for filing (cont’d) • . . . CRC Director may grant an extension of either timeframe • Complainant must: • contact CRC to ask for extension • show that there’s good cause for granting extension

30. “Informal” 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)

31. “Informal” resolution (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

32. “Appeal” 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)

33. “Appeal” to CRC (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

34. 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. 33

35. Where to Get More Information • Civil Rights Center (CRC) U.S. Department of Labor 200 Constitution Avenue N.W. Room N-4123 Washington, D.C. 20210 http://www.dol.gov/oasam/programs/crc/

36. How 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 Service for TTY/TDD) • E-Mail: sudell.denise@dol.gov