UIPL_02-16_Change-1_Acc.pdf

ETA Advisory File Text

EMPLOYMENT AND TRAINING ADMINISTRATION ADVISORY SYSTEM U.S. DEPARTMENT OF LABOR Washington D.C. 20210 CLASSIFICATION UI CORRESPONDENCE SYMBOL OUI DUIO DATE May 11 2020 RESCISSIONS None EXPIRATION DATE Continuing ADVISORY UNEMPLOYMENT INSURANCE PROGRAM LETTER NO. 02-16 CHANGE 1 TO STATE WORKFORCE AGENCIES STATE AND LOCAL EQUAL OPPORTUNITY OFFICERS STATE WORKFORCE ADMINISTRATORS STATE WORKFORCE LIAISONS STATE AND LOCAL WORKFORCE BOARD CHAIRS AND DIRECTORS STATE LABOR COMMISSIONERS EMPLOYMENT AND TRAINING ADMINISTRATION REGIONAL ADMINISTRATORS FROM JOHN PALLASCH s Assistant Secretary Employment and Training Administration NAOMI BARRY-PEREZ s Director Civil Rights Center SUBJECT State Responsibilities for Ensuring Access to Unemployment Insurance Benefits Services and Information 1. Purpose. To provide guidance to states to ensure that they comply with their statutory and regulatory obligations to provide access to Unemployment Insurance UI benefits services and information as outlined in Unemployment Insurance Program Letter UIPL No. 02-16. 2. Action Requested. The Department of Labor Department requests that State Workforce Administrators a. Disseminate this guidance and its attachments to appropriate agency staff including state- level Equal Opportunity EO officers and appropriate UI agency staff. b. Ensure that current web-based online telephone-based and other UI services meet the requirements of UIPL No. 02-16 and the additional legal requirements described in this advisory. c. Ensure that state-level and UI agency EO officers participate in the development of information technology systems and the evaluation of current systems to promote integration of access requirements in those systems. 2 3. Summary and Background . a. Summary. This advisory highlights c ertain state responsibilities for access to UI benefits and services that became effective after publication of UIPL No. 02 -16 on October 1 2015 . b. Background. Since the issuance of UIPL No. 02 -16 the Department finalized regulations governing states responsibilities for implementing the nondiscrimination and equal opportunity provisions of the Workforce Innovation and Opportunity Act W IOA at 29 C.F.R. Part 38. The regulations reflect developments in equal opportunity and nondiscrimination jurisprud ence in the 21 st century as well as the use of computer and internet -based systems to provide aid benefits services and training through WIOA Title I activities. These regulations apply to state UI programs and systems. 1 4. State Responsibilities . a. Access for Individuals with Disabilities . States must ensure equal access for individuals with disabilities by making reasonable accommodations and modifications and providing equally effective communications. The most recent regulations 29 C .F.R. Part 38 include specific requirements related to the use of electronic and information tech nolog ies 2 including the requirements that such technolog ies i ncorporate accessibility features for individuals with disabilities a re consistent with modern acces sibility standards and p rovide individuals with disabilities access to and use of information resources programs and activities that are fully accessible or ensure that the opportunities and benefits provided by the electronic and information tech nologies are provided to individuals with disabilities in an equally effective and equally integrated manner. 29 C.F.R. 38.15 a 5 . The regulations include similar specific requirements related to communication by telephone. States must give indivi duals with disabilities access to web -based services and information that is comparable to the access available to others. They must also offer an alternative option for accessing benefits services and information and should advertise the alternative option widely and in multiple formats. States may wish to provid e video remote interpreting services for individuals who communicate via sign language . These services must meet specific legal and technical requirements 3 and should be widely advertise d wi dely. States telephone -based systems must use telecommunications devices or systems such as text telephones TTYs or telephone relay services to provide equally effective communications for individuals with hearing or speech impediments. When the age ncy uses an automated -attendant system e.g. voicemail and messaging or an interactive voice response system such system s must provide effective real -time communication 1 Section 188 of WIOA prohibits discrimination based on disability and national origin among other bases in programs operated and activities provided by WIOA Title I financial assistance or by one -stop partners. Section 121 b 1 B xi of WIOA defines state UI programs as required one -stop partners. 2 Also known as information and communication technology ICT . 3 See 29 CFR 38.15 a . 3 with individuals using auxiliary aids and services including TTYs and all forms of Federal Communicat ions Commission approved telecommunications relay systems. States websites and telephone -based services should include information about how an individual with a disability who has difficulty using the site or service can get assista nce to access the site or service . Web -based claims filing systems must also provide information about how individuals with disabilities can file a complaint about delayed or denied service resulting from inaccessibility or failure to provide equally effe ctive communication. b. Access for Individuals with Limited English Proficiency . The regulations at 29 C.F.R. 38.9 explicitly require states to take reasonable steps to ensure meaningful access to each limited English proficient LEP individual serv ed or encountered so that LEP individuals are effectively informed about and or able to participate in the program or activity. 29 C.F.R. 38.9 b . Examples of reasonable steps c ited in the regulations include assessing an LEP individual to determine l anguage assistance needs providing oral interpretation or written translation of both hard copy and electronic materials in the appropriate language and conducting outreach to LEP communities to improve service delivery in needed languages. Further t he regulations require that a ll language assistance services must be accurate provided in a timely manner and free of charge. Language assistance is considered timely when it is provided at a place and time that ensures equal access and avoids delay or denial of any aid benefit or service at issue . States must provide notice to LEP individuals that interpretation and translation services are available at no cost. The updated regulations explicitly require states to translate written oral or elect ronic vital information defined as information necessary for an individual to obtain any aid benefit or service or to understand how to do so. 29 C.F.R. 38.4 ttt . Examples of vital information in the UI context include applications for benefits notices of rights and responsibilities and communications requiring a response from the beneficiary or applicant. This information must be translated into languages spoken by a significant number or portion of a state s population. The state must also take reasonable steps to meet the particularized language needs of LEP individuals who speak other languages. A website provided by the Department of Justice provides extensive r esources to assist government agencies and programs receiving Federal assista nce including state UI programs to address the needs of LEP individuals. T his website include s a new interactive mapping tool that helps users find the languages spoken by LEP individuals and the concentration of LEP individuals speaking those language s at the state or county level. Information about the tool and related data is available at https www.lep.gov faq faqs -mapping -tools commonly -asked -questions -regarding - limited -english -proficient -lep -data -and The current regulations also require states to include a Babel notice in all communications of vital information. 29 C.F.R 38.9 g 3 . A Babel notice is a sho rt notice in multiple languages that informs the reader that the communication contains vital information and explains how to access the agency s language services to have the 4 contents of the communication provided in other languages. See 29 C.F.R. 38.4 i UIPL No. 30-11. In addition states must record the limited English proficiency and preferred language of each LEP claimant beneficiary and as soon as the agency is aware of the non-English preferred language convey vital information in that language. c.Technical Assistance. The U.S. Department of Labor s Employment and Training Administration and Civil Rights Center are available to provide technical assistance to states regarding access to UI benefits and services. Resources are available at https www.dol.gov agencies oasam centers-offices civil-rights-center external by voice phone at 202 693-6500 by relay at 800 877-8339 or by email at CivilRightsCenter dol.gov. 5. Inquiries. Please direct inquiries to the appropriate ETA Regional Office. 6.References. Section 303 a of the Social Security Act SSA 42 U.S.C. 503 a Section 3304 a 4 of the Federal Unemployment Tax Act FUTA 26 U.S.C. 3304 Section 188 of the Workforce Innovation and Opportunity Act WIOA 29 U.S.C. 3248 Title VI of the Civil Rights Act of 1964 as amended 42 U.S.C. 2000d et seq. Section 504 of the Rehabilitation Act of 1973 as amended 29 U.S.C. 794 Age Discrimination Act of 1975 as amended 42 U.S.C. 6101 et seq. Title II of the Americans with Disabilities Act ADA as amended 42 U.S.C. 12132 et seq. 29 CFR Parts 31 32 35 and 38 28 CFR Part 35 Executive Order 13166 Improving Access to Services for Persons with Limited English Proficiency issued August 11 2000 Unemployment Insurance Program Letter UIPL No. 30-11 State Responsibilities Regarding Limited English Proficient Individuals issued September 16 2011 https wdr.doleta.gov directives corr doc.cfm DOCN 3083 and UIPL No. 02-16 State Responsibilities for Ensuring Access to Unemployment Insurance Benefits issued October 1 2015 https wdr.doleta.gov directives corr doc.cfm DOCN 4233. 7.Attachment s . Attachment I - Appendix A Resources Regarding Technology for Individuals with Disabilities. Attachment II - Appendix B Resources to Improve Language Access.