a) Tools for improving services for persons with Limited English Proficiency (LEP) Recipients of Federal financial assistance must take reasonable steps to ensure that persons who do not speak English as their primary language and who have limited ability to read, speak, write or understand English have meaningful access to DOL financially assisted programs and services, as well as to the same information that is provided in English. Ensuring that the recipients for which s/he has responsibility complies with these requirements is another part of the EO Officer's overall monitoring responsibilities under the WIA nondiscrimination regulations. The CRC Limited English Proficiency (LEP) Toolkit is a compilation of information, tools, and resources to assist recipients in identifying persons who need language assistance and exploring ways in which language assistance can be provided.
- CRC LEP Toolkit
- Language Assistance and Planning Self-Assessment Tool for Recipients of Federal Financial Assistance
b) Tools for ensuring nondiscrimination and equal opportunity for people with disabilities
As indicated in the chart above, several Federal disability nondiscrimination laws will apply at the same time to various aspects of the One-Stop system. The general principles that apply under these laws are consistent, so that complying with one law should not cause you to violate another. However, some laws require you to take more specific steps than others: for example, the WIA nondiscrimination regulations contain disability-related obligations that are more detailed, and more specific to the One-Stop system, than the obligations under DOL's regulations implementing Section 504, or some of the regulations implementing Title II of the ADA.
The ADA is better known than other disability-related laws because it applies to a far broader range of persons, organizations, and businesses than any laws that preceded or have followed it. Therefore, many disability-related resources refer only to the ADA, without mentioning other disability nondiscrimination laws such as Section 504 or WIA Section 188. When you use these "ADA" resources, please remember to compare the information they provide with the disability-related requirements of the WIA nondiscrimination regulations, to ensure that those regulations do not impose additional obligations on your organization.
The Job Accommodation Network (JAN) is a free consulting service that provides information to help increase the employability of persons with disabilities. Funded by DOL's Office of Disability Employment Policy (ODEP), JAN can give you individualized help to determine what accommodations are most appropriate for a particular person with a disability in the One-Stop system, as well as on the job. JAN can also provide callers with information about self-employment options for persons with disabilities. JAN's primary focus is on the Americans with Disabilities Act (ADA), but JAN's consultants should also be able to provide you with information about the requirements of WIA Section 188, Section 504, and their implementing regulations.
ODEP's website contains information on such topics as customized employment strategies for persons with disabilities, emergency preparedness that takes people with disabilities into consideration, and the Employer Assistance and Recruiting Network (EARN), a national toll-free telephone and electronic information referral service designed to assist employers in locating and recruiting qualified workers with disabilities. ODEP also publishes numerous fact sheets on subjects such as disability and workplace culture; these fact sheets are available on ODEP's website.
The Access Board website contains the most up-to-date information about architectural accessibility standards, as well as accessibility in other contexts such as communications and transportation. The information on the site is a bit technical, but we have found Access Board staff to be extremely helpful in explaining the requirements. Contact information for various Access Board staff members and services is linked here. [http://www.access-board.gov/contact.htm]
- U.S. Equal Employment Opportunity Commission (EEOC) Enforcement Guidance Documents
The EEOC is the Federal agency with lead responsibility for interpreting Federal disability nondiscrimination laws in the employment context. In implementing the disability-related requirements of WIA Section 188 and 29 CFR part 37, CRC follows the EEOC's interpretations, adapting those interpretations where necessary to fit the One-Stop context.
EEOC's Enforcement Guidances are an invaluable resource for answering questions related to disability nondiscrimination law, such as how the law affects persons with psychiatric disabilities. However, when consulting EEOC guidances, remember to compare their content with the requirements of the WIA nondiscrimination regulations, to ensure that you are aware of all obligations imposed under the latter regulations. For example, EEOC's Enforcement Guidance on Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act does not address the obligations placed on recipients under 29 CFR 37.8(a) to go through a formal process in order to determine that a particular requested accommodation would impose an undue hardship, because the EEOC regulations implementing ADA Title I do not include those obligations.
c) Data Collection and Maintenance/Data Analysis
Each recipient must, among other data- and recordkeeping-related obligations:
- Established a data collection and maintenance system that allows for a statistical/quantifiable analysis to verify the recipient's compliance with Section 188 of WIA and its implementing regulations (29 CFR 37.37(b)(1));
- Retain records for a period of not less than three years from the close of the applicable program year (longer for records related to complaints);
- Provide certain specified information, such as complaint logs, to the Director of CRC upon request; and
- Maintain data collected in a confidential manner.
As with other requirements discussed in this toolkit, it is the EO Officer's obligation to ensure that the recipient(s) for which s/he is responsible comply with the requirements related to data and information collection and maintenance.
Examples of methods to analyze data collected by a recipient, to determine whether differences based upon a basis prohibited by WIA Section 188 (race or ethnicity, sex, age, disability status, etc.) have practical or statistical significance:
- Practical significance (80% rule/ adverse impact rule): If a substantially different rate of selection, in hiring, promotion, or other employment decision works to the disadvantage of members of a race, sex, or ethnic group, etc.; and if a group's rate of selection is less than 80% of the most favored group, the non-favored group(s) is experiencing adverse impact.
- Statistical significance (Two (2) standard deviation test): Standard deviation is a statistic used to measure dispersion in a distribution; a measure of the typical distance between the average (mean) and any given value. It measures the "width" of the distribution of values. If the difference between the expected value and the observed number is greater than two deviations, then the hypothesis would not be statistically significant. In practice, the calculation of the number of standard deviations is performed using generally accepted mathematical formulas.
- When the analysis discloses that differences have practical or statistical significance, a follow-up investigation must be conducted to determine whether the differences are due to intentional discriminatory conduct, conduct that has a disparate impact on a protected group, or some other factors.
Data Analysis Resources:
Disclaimer: Content provided in this toolkit does not create new legal obligations, and is not a substitute for the U.S. Code, Code of Federal Regulations, and Federal Register, which are the official sources for applicable statutes, regulations, notices, and other relevant documents.