ETA Advisory File
ETA Advisory
ETA Advisory File Text
EMPLOYMENT AND TRAINING ADMINISTRATION ADVISORY SYSTEM U.S. DEPARTMENT OF LABOR Washington D.C. 20210 CLASSIFICATION OWI CORRESPONDENCE SYMBOL OWI DATE November 3 2023 RESCISSIONS None EXPIRATION DATE Continuing ADVISORY TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 05 -23 TO AMERICAN JOB CENTERS STATE WORKFORCE AGENCIES STATE WORKFORCE ADMINISTRATORS STATE WORKFORCE LIAISONS STATE AND LOCAL WORKFORCE BOARD CHAIRS AND DIRECTORS STATE AND LOCAL EQUAL OPPORTUNITY OFFICERS STATE LABOR COMMISSIONERS WORKFORCE INNOVATION AND OPPORTUNITY ACT SECTION 166 INDIAN AND NATIVE AMERICAN GRANTEES WORKFORCE INNOVATION AND OPPORTUNITY ACT SECTION 167 MIGRANT AND SEASONAL FARMWORKER JOBS PROGRAM GRANTEES SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM GRANTEES JOB CORPS CONTRACTORS RECIPIENTS OF DEPARTMENT OF LABOR FINANCIAL ASSISTANCE SUB-RECIPIENTS OF DEPARTMENT OF LABOR FINANCIAL ASSISTANCE FROM BRENT PARTON Principal Deputy Assistant Secretary Employment and Training Administration NAOMI BARRY-P REZ Director Civil Rights Center SUBJECT Complying with Nondiscrimination Requirements Discrimination Based on Actual or Perceived Religion Shared Ancestry or Ethnic Characteristics are Prohibited Forms of Discrimination in the Workforce Development System 1. Purpose . The purpose of this Training and Employment Guidance Letter TEGL is to provi de information to the public workforce system and other entities that receive federal financial assistance under Title I of the Workforce Innovation and Opportunity Act WIOA as well as education and training programs or activities receiving Department of Labor DOL financial assistance regarding the prohibition on discrimination based on actual or perceived religion shared ancestry or ethnic characteristics.2. Action Requested. DOL is requesting that American Job Centers and other recipients of federal financial assistance in the public workforce system take the following actions 2 a. American Job Centers and other recipients of federal financial assistance in the public workforce system should use Attachment I when reviewing their existing policies and procedures and should make any changes necessary to implement protections from discrimination under Title VI of the Civil Rights Act of 1964 Title VI protections from discrimination under Section 188 of WIOA and religious accommodations under Section 188 of WIOA. b. Equal Opportunity EO Officers should carefully investigate complaints by customers or employees alleging discrimination based on actual or perceived religion shared ancestry or ethnic characteristics to determine whether discrimination prohibited under Title VI or Section 188 of WIOA has occurred as discussed in the Attachment. 3. Summary and Background. a. Summary This TEGL and the related attachment explain the legal authorities for the prohibitions give some examples that may be prohibited discrimination and suggest ways to prevent identify and address discrimination. b. Background - The United States has recently experienced an alarming increase in acts of hatred based on religion. These incidents happen in public at schools and in the workplace. It is important to ensure that all people regardless of their race color religion national origin or other protected characteristics have full access to the services provided by the public workforce system to help overcome barriers they may encounter. 4. Nondiscrimination Requirements. The nondiscrimination provisions that apply to recipients of federal financial assistance including recipients in the public workforce system prohibit discrimination on the basis of religion race color and national origin among other bases. a. WIOA 29 U.S.C. 3101 et seq. is the key source of federal financial assistance for state and local workforce development activities. Religion is an explicitly protected basis under WIOA. Section 188 of WIOA states that n o individual shall be excluded from participation in denied the benefits of subjected to discrimination under or denied employment in the administration of or in connection with any such program or activity on the basis of race color religion sex national origin age disability or political affiliation or belief among other bases. 29 U.S.C. 3248 a 2 . The regulations implementing this provision are administered and enforced by the Department of Labor s Civil Rights Center CRC . 29 C.F.R. 38.20. The WIOA nondiscrimination regulations prohibit recipients from using standards procedures criteria or administrative methods that subject individuals to discrimination on a prohibited basis due to the recipient s administration of programs or activities providing aid benefits services training or facilities. 29 C.F.R. 38.6. 3 The WIOA regulations also provide that recipients must accommodate an individual s religious practices or beliefs unless doing so would result in undue hardship to the recipient. See 29 C.F.R. 38.6 c 2 . See also Groff v. DeJoy 600 U.S. 447 2023 . These obligations apply to recipients of WIOA Title I funding and programs and activities that are part of the public workforce system and are operated by American Job Center partners to the extent the programs are being conducted as part of the one- stop delivery system. 29 C.F.R. 38.2 a 2 . Under the Wagner-Peyser Act regulations states are required to assure that no individual be excluded from participation in denied the benefits of subjected to discrimination under or denied employment in the administration or in connection with any services or activities authorized under the Wagner-Peyser Act in violation of any applicable nondiscrimination law. 20 C.F.R. 652.8 j 1 . In addition the Wagner-Peyser Act regulations specifically require states to a ssure that discriminatory job orders will not be accepted except where the stated requirement is a bona fide occupational qualification BFOQ . 20 C.F.R. 652.8 j 2 . b. Title VI 42 U.S.C. 2000d et seq. applies to all programs or activities receiving federal financial assistance including but not limited to the entities referred to in this TEGL that receive financial assistance under WIOA and or the Wagner-Peyser Act. Title VI and its implementing regulations prohibit any program or activity receiving federal financial assistance from excluding from participation in or denying the benefits of the program or otherwise subjecting anyone to discrimination on the basis of race color or national origin. 42 U.S.C. 2000d. Though Title VI does not expressly protect individuals from discrimination based solely on religion i.e. religious beliefs observances or practices its prohibition on discrimination based on race color or national origin includes discrimination including harassment based on actual or perceived i shared ancestry or ethnic characteristics or ii citizenship or residency in a country with a dominant religion or distinct religious identity. As a condition of initiating or continuing federal financial assistance under 29 C.F.R. 31.6 a and b recipients must provide assurances that the program will be conducted or the facility operated in compliance with all requirements imposed by the Department s Title VI regulations. In addition under the Department s Title VI regulations the selection and referral of individuals for job openings or training opportunities and all other activities performed by or through employment service offices must be done without regard to race color or national origin. 29 C.F.R. 31.3 d 1 i . 5. Inquiries. Inquiries about civil rights issues in the public workforce system should be addressed to CRC by phone at 202-693 -6502 voice or by e-mail at CivilRightsCenter dol.gov. Individuals who are deaf hard of hearing or have a speech- related impairment may dial 7-1-1 to access telecommunications relay services. 4 Complaints alleging discrimination by entities in the system may be filed with CRC by postal mail e-mail or fax addressed to Director Civil Rights Center U.S. Department of Labor 200 Constitution Avenue NW Room N4123 Washington DC 20210 CRCExternalComplaints dol.gov 202-693-6505 fax . Further information about the discrimination complaint process is available on CRC s website at http www.dol.gov oasam programs crc external-enforc-complaints.htm. 6. References. WIOA. 29 U.S.C. 3248 et seq. WIOA nondiscrimination regulations. 29 C.F.R. 38.6 Wagner-Peyser Act regulations. 20 C.F.R. 652.8 j Title VI. 42 U.S.C. 2000d et seq. Nondiscrimination in federally assisted programs of the Department of Labor effectuation of Title VI. 29 C.F.R. Part 31 Groff v. DeJoy 600 U.S. 447 2023 . 7. Attachment. Fact sheet Protecting Individuals from Discrimination Based on Actual or Perceived Religion Shared Ancestry or Ethnic Characteristics FACT SHEET Protecting Individuals from Discrimination Based on Actual or Perceived Religion Shared Ancestry or Ethnic Characteristics The Department of Labor DOL Civil Rights Center s CRC Role CRC promotes equal opportunity by assessing investigating and adjudicating discrimination complaints and conducting compliance reviews to administer and enforce equal opportunity laws. CRC enforces several laws that protect individuals from discrimination including Title VI of the Civil Rights Act of 1964 Title VI 42 U.S.C. 2000d et seq. and its implementing regulations at 29 C.F.R. Part 31 and Section 188 of the Workforce Innovation and Opportunity Act WIOA 29 U.S.C. 3248 and its implementing regulations at 29 C.F.R. Part 38. This fact sheet describes ways these protections cover individuals who are or are perceived to be Jewish Christian Muslim Sikh Hindu Buddhist or of another religious group. Protection from Discrimination under Title VI Title VI applies to recipients of federal financial assistance including grantees under programs administered by DOL agencies such as the Mine Safety and Health Administration MSHA the Occupational Safety and Health Administration OSHA the Veterans Employment and Training Service VETS and the Employment Training Administration ETA . Title VI prohibits discrimination base d on race color or national origin which includes discrimination including harassment based on actual or perceived i shared ancestry or ethnic characteristics and ii citizenship or residency in a country with a dominant religion or distinct religious identity. Although Title VI does not expressly protect individuals from discrimination based solely on religion i.e. religious beliefs observances or practices discrimination against individuals of any religion may constitute discrimination based on race color or national origin when it involves or is based on for example racial ethnic or ancestral slurs or stereotypes a person s appearance including their skin color physical features or style of dress that reflects both ethnic and religious traditions or heritage a person s foreign accent or foreign name including names commonly associated with particular shared ancestry or ethnic characteristics or the fact that a person speaks a language other than English such as Hebrew or Arabic. Protection from Discrimination under Section 188 of WIOA Section 188 of WIOA applies to recipients of federal funds under WIOA Title I including for instance state workforce agencies one- stop operators or American Job Centers AJC On-the-Job Training employers and Job Corps contractors and center operators. See 29 C.F.R. 38.4 zz . Like Title VI Section 188 of WIOA prohibits discrimination bas ed on race color or national origin. In addition Section 188 prohibits discrimination based on religion in connection with WIOA Title I-funded programs and activities. In the context of covered programs or activities this prohibition includes for instance denying or limiting an individual with respect to any opportunity to participate subjecting an individual to segregation or separate treatment treating an individual differently from others in determining whether they satisfy any eligibility or other requirements or providing an individual with any aid benefit service or training that is different or provided in a different manner from that provided to others. See 29 C.F.R. 38.6 b . WIOA regulations also explicitly prohibit harassment based on religion including in certain circumstances offensive remarks about a person s religion or other unwelcome verbal or physical conduct based on religion. See 29 C.F.R. 38.10. Religious Accommodations under Section 188 of WIOA WIO A regulations provide that covered entities must not refuse to accommodate an individual s religious practices or beliefs unless doing so would result in undue hardship. See 29 C.F.R. 38.6 c 2 . Religious accommodation requests can involve e.g. schedule changes or leave for religious observances exemptions from or modifications to uniform dress or grooming requirements that conflict with religious practices or providing a quiet area for prayer during break time. Who is protected As noted above Title VI and WIOA Section 188 protect individuals including but not limited to beneficiaries applicants and participants of all religions including but not limited to Jewish Christian Muslim Sikh Hindu and Buddhist individuals from discrimination based on race color or national origin. Additionally protection from religious discrimination under WIOA Section 188 extends not only to people who belong to traditional organized religions but also to others who have sincerely held religious ethical or moral beliefs. Examples of incidents that could depending on the circumstances raise Title VI and or WIOA Section 188 concerns A Catholic employee requests a schedule change from his On-the-Job Training employer so that he can attend a church service on Good Friday. The employer refuses even though there is another qualified employee available to cover the shift. An Arabic-speaking woman calls her state workforce agency to request assistance but the agency representative she speaks to ends the call abruptly because she assumes the woman is Muslim and believes the woman s Muslim faith and strong accent will make it impossible for her to find work. A clerk working for a DOL grantee that provides services to veterans with disabilities refuses to process the application of a Jewish applicant because she believes Jewish people don t need financial help and preference should be given to other applicants. A woman who practices Haitian Vodou tells her career counselor at a covered reentry program that she is interested in pursuing a career as a certified nurse assistant CNA . The counselor discourages her and refuses to connect her with training resources stating that since she believes in magic she is not suited for a career in medicine. A participant in a covered job training program reports to her instructor that she heard another participant making jokes about the Holocaust during an orientation event and later saw him drawing swastikas and other antisemitic graffiti on the stalls of a shared bathroom. The job training program staff orders the graffiti removed but takes no further action. A Rastafarian individual who styles their hair in observance of their religious beliefs is denied an opportunity to submit an application to enroll in a career training program. The admissions counselor impermissibly assumes that this applicant presents in an unprofessional manner which might discourage prospective employers from hiring them upon completion of the career training program. A Sikh young adult participating in a covered career transition program is questioned at length by a staff member who does not recognize him and perceives him as a security threat due to his religiously mandated beard and turban. The staff member demands to know where the young man is from and what his religious background is refusing to allow him to begin the program until his supervisor intervenes. What can a person do if they experience discrimination based on religion shared ancestry or ethnic characteristics Anyone who believes that discriminatory actions have been taken by a covered entity may file a complaint with CRC. For more information about filing a complaint please visit www.dol.gov oasam programs crc external-enforc-complaints.htm . For assistance and additional resources please visit CRC s homepage at www.dol.gov oasam programs crc or contact CRC by phone at 202-693-6502 or by email at CRCExternalC omplaints dol.gov. If you are deaf hard of hearing or have a speech disability please dial 7-1-1 to access telecommunications relay services. Please note that this resource does not have the force and effect of law. CRC s enforcement of Title VI and WIOA stems from these s tatutes and their implementing regulations.