2016 METHODS OF ADMINISTRATION

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Minnesota Department of Employment and Economic Development

1st National Bank Building 332 Minnesota Street, Suite E200Saint Paul, MN 55101

Prepared by the Office of Diversity and Equal Opportunity (ODEO) and the Employment and Training Programs Division (ETP) – Formerly known as the Workforce Development Division (WDD)

This document is available in alternative formats by contacting us at 651-259-7094 or by email at DEED.ODEO@state.mn.us

An Equal Opportunity Employer and Service Provider

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Letter to director of U.S. Department of Labor's Civil Rights Center from Minnesota Governor Mark Dayton: Please accept this letter as formal notification that Ann Feaman, Director of the Office for Diversity and Equal Opportunity within the Minnesota Department of Employment and Economic Development (DEED), is the State of Minnesota's Workforce Innovation and Opportunity Act (WIOA) Equal Opportunity Officer. Ms. Feaman reports to my designee, DEED Commissioner Shawntera Hardy. Enclosed, please find a copy of the State of Minnesota's current Methods of Administration (MOA). This was submitted on December 22, 2016, and is still available on DEED' s website at https://mn.gov/deed/assets/moa-2016 tcm1045-268719.docx. The State of Minnesota remains committed to ensuring its integrated system complies with the equal opportunity and nondiscrimination requirements of WIOA.

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Signed letter from Governor Dayton to CRC dated December 13, 2016. Enclosed, please find the State of Minnesota's two-year review of the Methods of Administration (MOA), which describes the actions taken by the State to ensure continued compliance with the nondiscrimination and equal opportunity requirements of the Workforce Investment Act of 1998 (WIA) and its implementing regulations. The Minnesota Department of Employment and Economic Development (DEED) and its Commissioner, Shawntera Hardy, have been designated the responsibility to fulfill the administrative requirements of the MOA. The Minnesota MOA demonstrates the continued commitment of the State of Minnesota, its program partners, and service providers to provide equal opportunity in all WIA programs, services, and activities. The principles of the MOA are clearly reflected in support of these goals. Thank you for your consideration.

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Signed letter from DEED Commissioner to CRC dated December 23, 2016. As Commissioner of the MN DEED and the desingated State administrator of the MOA, I am pleased to submit the two year review of the MN MOA. This document reflects the continued commitment of the State of MN and its system partners in promoting programs, activities, and services through an integrated system that complies with the EO and Non-discrimination requirements of Section 188 of WIOA.

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Contents

Element 1 - Designation of Equal Opportunity Officers.............................................................5

Element 2 - Notice and Communication..................................................................................10

Element 3 – Assurances........................................................................................................... 18

Element 4 – Universal Access...................................................................................................31

Element 5 –Section 504 Compliance........................................................................................40

Element 6 – Data and Information Collection and Maintenance.............................................48

Element 7 – Monitoring...........................................................................................................52

Element 8 - Complaint Processing Procedures.........................................................................60

Element 9 – Corrective Actions/Sanctions...............................................................................71

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Element 1 - Designation of Equal Opportunity Officers

PURPOSE

Any individual appointed as a State or local-level Equal Opportunity (EO) Officer should have the skill, ability, knowledge, authority, and qualified staff to properly oversee and direct the EO program to which that individual has been assigned. The EO Officer should not be in a position that would constitute a conflict of interest. The State must ensure EO Officers report directly to the agency head on EO matters.

NARRATIVE

The duties and level in the organization of each designated state EO Officer:Governor Mark Dayton designated the Minnesota Department of Employment and Economic Development (DEED) as the entity to implement the Workforce Innovation and Opportunity Act (WIOA).

DEED’s Commissioner, Shawntera Hardy, serves as the Governor’s Designee and Ann Feaman, the Director of the Office for Diversity and Equal Opportunity (ODEO) as the State’s WIOA Equal Opportunity Officer. Within DEED, Ms. Feaman and ODEO have been designated by Commissioner Hardy to carry out matters regarding equal opportunity and nondiscrimination. The DEED Organizational Chart shows how DEED is structured.

REPORTING STRUCTURE CHANGEPrior to 2015, ODEO reported directly to the Director of Human Resources. In March of 2015, the reporting structure was changed so that ODEO reports directly to the Deputy Commissioner of DEED and has an indirect reporting relationship to the Commissioner.

OFFICE OF DIVERSITY AND EQUAL OPPORTUNITY (ODEO) The Office of Diversity and Equal Opportunity (ODEO) provides oversight and direction in the areas of equal opportunity, diversity and inclusion, Americans with Disabilities Act (ADA), and nondiscrimination to our internal workforce and within all programs administered by DEED.

Ann Feaman, J.D. , Director of DEED-ODEO. Karen Lilledahl , Equal Opportunity (EO) Officer & ADA Coordinator, focuses on equal

opportunity and affirmative action issues with an emphasis on compliance, EO monitoring, program access and diversity hiring initiatives.

Equal Opportunity Officer, conducts EO monitoring and focuses on compliance and providing technical assistance to WorkForce Center (WFC) and partner staff on equal opportunity, ADA and program access issues. Ms. Tulashie is often the first point-of-contact for customer complaints.

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Kimberly Malone, J.D. , Equal Opportunity Consultant & Investigator, conducts investigations of client and employee complaints of discrimination, provides training and consultation to employees on issues of equal opportunity, and assists with EO monitoring.

Iftou Yoya , Equal Opportunity Consultant & Recruiter, focuses on building a more robust diverse recruiting strategy through outreach and recruiting and assists with EO monitoring. This position was added this past year.

Additionally, designated program staff are assigned equal opportunity duties and include the following individuals:

Michael Vaughn is the Strategic Initiatives Manager for the Unemployment Insurance (UI) Division and serves as the EO contact between ODEO and UI.

Gloria Bostic serves as the State monitor advocate for the Migrant and Seasonal Farm Worker Program and is the coordinator for the Foreign Labor Certification Program.

Maria Cantu is a Workforce Development Program Specialist in the Workforce Development Division. Ms. Cantu provides leadership oversight to the WIA/WIOA monitoring program and conducts fiscal desk reviews and on-site audits.

Lisa Snyder is a Workforce Development Specialist who partners with ODEO staff in training for WFC staff. Lisa is in the Workforce Systems Coordination Division, which is part of the Employment and Training Program (ETP) Division.

The duties and level in the organization of each individual designated as a local-level EO Officer:

The WIA/WIOA law resulted in six Regional Workforce Development Areas (RWDAs) with 16 Local Workforce Development Areas (LWDAs), which have established 48 WorkForce Centers (WFCs) in Minnesota.

The RWDA provides a Regional Plan and each LWDA provides a local area plan every two years. In every LWDA plan, each local workforce development area is required to provide the name of their local contacts including an Equal Opportunity Officer, Program Complaint Officer, Records Management/Records Retention Coordinator, ADA Coordinator, Data Practices Coordinator, and Language Access Coordinator, formerly known as the Limited English Proficiency Coordinator. As one example, attached is the contact information for Northwest Private Industry Council (LWDA #1).

DEED provides oversight to the LWDAs through policy guidance in its WIA/WIOA Equal Opportunity Policy Manual. The Manual contains policies and procedures for implementation of the WIA/WIOA Title I nondiscrimination and equal opportunity provisions. The Manual was developed to align with the nine elements of the MOA and will be updated after receiving final regulations from the Civil Rights Center.

Chapter 1 of the Manual is titled, “Designation of Equal Opportunity Officer” and provides that:

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Each Workforce Investment Act (WIA) Title I Program Provider must designate an Equal Opportunity Officer (EOO), except for small recipients and service providers (fewer than 15 beneficiaries per year and fewer than 15 employees), to investigate complaints alleging violations of the nondiscrimination and equal opportunity provisions of WIA/WIOA Title I.

The Manual identifies the selection of an EOO, the duties and expectations of an EOO, and also recipients and subrecipient responsibilities.

The manner in which the recipient makes known the identity of the EO Officers to applicants, registrants, participants, employees, and any member of the public:State level EO Officers are identified to employees and partners through the following means:

• DEED’s New Employee Orientation (NEO). All new DEED employees are required to attend NEO. The ODEO staff introduces the policies and procedures addressing topics such as diversity, inclusion, equal opportunity, nondiscrimination, the reasonable accommodation process, employee and complaint process, and accessibility. The NEO 2017 PowerPoint is linked.

• DEED’s electronic Policy and Procedure Manual (PPM) Table of Contents identifies all DEED administrative and fiscal policies. The PPM includes Policy 404 on Reasonable Accommodation (2016), and Policy 417 on Non-Discrimination (2016). These policies are developed and maintained by ODEO. Both policies were updated in 2016.

• A screenshot of DEED’s internal website highlights the Office of Diversity and Equal Opportunity as a unit of the Operations Division and is also identified on the Home Page footer. ODEO staff and contact information are provided.

• WIA/WIOA Equal Opportunity Policy Manual: Chapter 1, Designation of Equal Opportunity Officer, contains responsibilities of state and local level EO officers.

• The DEED external website provides information on equal opportunity and identifies the contact information for the Director of the Office of Diversity and Equal Opportunity.

Notification to program applicants, registrants, participants and members of the public is completed through the following means:

WIA/WIOA “Notice to the Public” English Posters are prominently displayed in all 48 WorkForce Centers (WFCs). The poster is also available in Spanish, Somali, Hmong, Simplified Chinese, Laotian, and Russian. The posters identify the names and contact information for the state level Equal Opportunity Officers.

The ADA “Notice to the Public” poster is also posted prominently in all WFCs. The poster identifies Karen Lilledahl as the ADA Coordinator with contact information including the TTY number and an email address. The posters are routinely distributed to the WFCs and are provided to Workforce Site Managers during certification and recertification site reviews. The posters are also available online. There is also a version of the poster for DEED partners to add the local ADA Coordinator information.

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The WIA/WIOA Notice to the Public with Tennessen contains the local level EO Officer contact information and is provided in writing to all program participants. Participants sign the Notice to verify receipt of the Notice. The original is placed in the participant’s file and a copy is provided to the participant. The Notice is available in 7 languages.

The level of staff and other resources available to State and local level EO officers; A description of the resources and support staff provided to each EO officer:ODEO is staffed by a Director, Ann Feaman, who reports directly to Deputy Commissioner, Blake Chaffee. Deputy Commissioner Chaffee reports to DEED’s Commissioner Shawntera Hardy, who reports directly to Governor Dayton. The ODEO Director oversees four staff.

DEED provides funding from the general administrative cost pool to support the ODEO activities. The funding includes:

• Support for salaries and benefits for five full-time positions that includes office equipment and expenses, supplies, space and training. The office space includes an office cube, five private offices, and a confidential meeting room.

• Advanced training allowance for ODEO staff to maintain a high level of expertise in equal opportunity subjects.

• A travel budget that supports site visits, National Association of State Workforce Agencies (NASWA) Equal Opportunity Committee representation, attendance at annual EO training sponsored by NASWA or the Civil Rights Center (CRC), other EO trainings, complaint investigations and onsite monitoring reviews.

The State’s plan for ensuring that state and local-level EO Officers and their staff are sufficiently trained to maintain competency.

ODEO STAFF TRAINING DEED ODEO staff attend annual trainings and education opportunities and present on equal opportunity topics in order to maintain subject matter expertise and competencies. The training records of ODEO staff and training records of Lisa Snyder, Workforce Systems Coordination Division (WSCD) training staff, are identified in the attached documents and include the following:

In 2015 and 2016, ODEO staff attended the Upper Midwest Employment Law Institute sponsored by the Minnesota Bar Association. The two-day conference provides workshops on topics such as providing reasonable accommodations, current updates on state and federal civil rights legislation, diversity issues, and investigation procedures among many other topics.

In 2016 and in 2017, ODEO staff presented (and will present) on remedying diversity fatigue at the Forum on Workplace Inclusion (a national annual diversity conference in Minnesota).

In 2015, ODEO staff attended the webinar on Section 188, Nondiscrimination Provisions of WIA/WIOA.

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In 2015 and 2016, ODEO staff attended the Minnesota Human Rights Conference. The Conference offers programming in the following tracks: Employment Best Practices, Public Policy, Law Enforcement & Community, Employment Law, and Business and Economic Development.

DEED AND PARTNER STAFF TRAININGAll DEED staff must participate in preventing harassment training on a five-year cycle. The training, provided in a three-hour interactive format, is intended to raise awareness about harassment based on all protected classes with a major emphasis on sexual harassment.

The required preventing harassment training for managers and supervisors called Discrimination and Harassment: Recognizing, Responding, and Preventing is a full day session and includes information specific to handling complaints, monitoring workplace behavior (including their own), documentation, retaliation, and investigation procedures.

DEED routinely provides training and education opportunities to Minnesota WFC staff. In additional DEED sponsors a statewide certification program called the Resource Area Certificate Program (RRACP) that trains staff working in the reception and resource areas at WFCs. Staff learns baseline workforce development competencies to serve WFC customers. More about the RRACP program is in Element 4.

The WorkForce Systems Coordination Division (WSCD) was designed to serve the needs of the 48 WorkForce Centers in Minnesota. This division works closely with the Office of Diversity and Equal Opportunity to ensure equal access in all of our WFC. The division oversees training for all the Resource and Reception staff, cost allocation plans and leases. The WorkForce Systems Coordination Division plays a key role in the communication between DEED and the Local Workforce Development Areas.

New curriculum will be developed as soon as the Section 188 Nondiscrimination regulations of WIA/WIOA are finalized and implemented.

The Reception and Resource Area Functions (RRAF) group maintains a web site that is dedicated to the collaboration, communication, innovation, resources, training, and projects related to Resource Area staff. The site is dedicated to building capacity within the WFC System through sharing of expertise, resources, information, trends, updates, and training related to the Reception and Resource Area functions. Focus areas are:

Job Searching Career Planning Customer Service/Continuous Improvement Efforts Workforce Challenges and Opportunities Diversity and Multicultural Issues Training Opportunities WFC/Resource Area resources and update, discussion on various topics

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Representatives on the team must work in the resource area directly, or serve a key role related to the resource area. Also on the team are members from DEED’s central office with expertise in such areas as technology, planning, Workforce Center System integration, equal opportunity, ADA, Unemployment Insurance, research, marketing, and other areas as needed. RAAF members collaborate on the following:

Make recommendations on policy Share best practices on insights into service gaps Inform managers and staff on current issues within the WFC system Facilitate discussion and provide guidance on issues Engage members in relevant discussion topics and surveys Provide input on training ideas, materials and curriculum Strategize on way to improve customers service

Lisa Snyder and Susan Tulashie routinely answer access questions from the resource area staff. In addition, Ms. Tulashie and Ms. Snyder forward emails or posts on the website to RRAF members’ diversity topics such as immigrant issues, diversity resources, housing information, best practices, training opportunities, job postings, and any other information that may be useful for the staff in WFCs to share with universal customers who use the resource areas.

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Element 2 - Notice and Communication

PURPOSE

In this element, the state addresses how it and its recipients are complying with and will continue to comply with the equal opportunity requirements. States are required to establish a Notice and communication system so that all registrants, applicants, eligible applicants/registrants, applicants for employment, employees and interested members of the public are aware of: (1) the recipient’s obligation to operate its programs and activities in a nondiscriminatory manner and (2) the extent of the rights of members of these groups to file complaints of discrimination.

NARRATIVE

The methods and frequency of providing initial and continuing notice:Minnesota’s State Combined Plan and the Workforce Innovation and Opportunity Act set the direction for achieving the State’s Workforce Development System vision and goals. The Combined Plan is the starting point for equal opportunity assurances. The new plans cover the period between July 1, 2016 and June 30, 2020.

The Combined Plan contains assurances that the administration will operate all programs in a nondiscriminatory manner and comply with WIA/WIOA Section 188 and its implementing regulations. The assurances extend to all programs including the Veteran’s program, Migrant and Seasonal Farm Worker program, WIA/WIOA Dislocated Worker program, WIA/WIOA Adult and Youth programs, the Unemployment Insurance program, and the Vocational Rehabilitation Plan – State Services for the Blind.

Every two years, the State issues to the six Regional Workforce Development Areas (RWDA) the Regional Plan and Local Workforce Development Area (LWDA) Plans to the LWDAs. The LWDAs reflect the intent of the State level Combined Plan to meet and carry out the commitment to provide equal opportunity to all residents of Minnesota. The LWDAs are required to review their local plan annually and submit revisions to DEED. A link for the RLP for Southeast Minnesota Regional Development Area 6 and Winona Local Workforce Development Area #18 is linked.

The Initial and Continuing Notice requirements are included in the WIA/WIOA EO Policy Manual, Chapter 2: Notice and Communications. The Manual is administered by DEED Employment and Training Programs (ETP) Division staff. The Manual identifies the requirements for the local level implementation of the equal opportunity provisions of WIA/WIOA. Chapter 2 identifies the methods and frequency of the Notice and states:

To meet the obligation a recipient must:

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Display the “Equal Opportunity is the Law” Notice poster, in its entirety, in reasonable numbers and places easily seen by the public.

Communicate the Notice to the Public in the appropriate language where a significant percentage of the eligible population is made up of persons with limited English proficiency.

Effectively communicate the “Equal Opportunity is the Law” Notice to persons with disabilities and to other populations with special needs.

Include the required tag lines “Equal Opportunity Program Employer and Program” and “Auxiliary Aids or Services are provided” in all relevant communications.

Publicly identify Equal Opportunity Officers (EOOs) and publicize their contact information.

At every orientation session, include a discussion of individual rights under WIA/WIOA Title I nondiscrimination and equal opportunity provisions and of an individual’s right to file a complaint of discrimination.

Provide information on an individual’s right to file a complaint to any applicant who indicates he or she may have experienced discrimination.

Obtain a signed Notice from all participants and include these Notices in participant files. NOTE: A recipient is responsible for obtaining a signed copy of the notice from electronic participants.

Provide information on the complaint process in appropriate formats for persons with disabilities.

In any WIA/WIOA communication that mentions how recipients can be reached by phone, the numbers of the recipient’s TTY or relay service must also be provided.

Provide an opportunity for customer input and feedback (e.g., a customer feedback box in the Resource Area) and have a process for reviewing and responding to customer input.

Provide the Tennessen Warning Notice on the MinnesotaWorks.Net login screen.

DEED has developed the Equal Opportunity is the Law poster information in seven languages, including English. The other languages are Hmong, Lao, Russian, Simplified Chinese, Somali, and Spanish. DEED also translated the EO is the Law notice with the Data Privacy information into seven languages, including English. Other languages include Hmong, Lao, Russian, Simplified Chinese, Somali, and Spanish. This notice is signed by program participants and placed into their files.

All WorkForce Centers (WFCs) are provided information concerning the required federal and state employment posters and DEED program posters at origination and thereafter when the WFC is moved, remodeled or dictated by circumstances such as an update to federal or state requirements. Posters are provided electronically.

The means by which the notice is made available to individuals with disabilities:The Notice is available in alternate formats such as Braille, audio tape and large print. Every Minnesota WFC has the ability to enlarge the Notice using Zoom Text or provide access through

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the screen reader JAWS. The Notice can be emailed or provided on a CD for participants, and if requested, the Notice can be read to participants.

The means by which the state ensures that recipients post the notice:DEED has an inclusive review method that includes the following:

The WIA/WIOA Equal Opportunity Policy Manual, Chapter 2 addresses the Notice requirement and provides the Notice in English and ten additional languages. The policy states that the Notice must be included at every orientation session. It also states the Notice “include a discussion of Individual rights under WIA/[WIOA] Title I nondiscrimination and equal opportunity provisions and of an individual’s right to file a complaint of discrimination.”

The ODEO sends required posting Notices via email to all LWDA offices each year. The posting requirements include federal and state regulations regarding employment and program Notices, as well as the links to the posters. The Notice is included as a required posting.

The equal opportunity monitoring program includes onsite visits where monitors identify the existence and placement of the Notice posters. The EO Monitoring Desk Review will be addressed more thoroughly in element 7.

Notice posters are provided to each Minnesota WFC during an equal opportunity monitoring, recertification or site certification visit.

The means by which a copy of the notice is placed in the participants file or if the files are maintained electronically, how the requirement of notice will continue to be met:Program participants are provided a written copy of the Notice and are asked to sign and date it. The original signed Notice is included in the individual’s file. An example of the LWDA #10 Privacy/Use of Data/EEO Participant Rights information statement in English is linked. The document includes the statements:

I have read the above Notice. I understand that information may be shared with other service provider agencies in accordance with the Minnesota Government Data Practices Act.

I have read the Equal Opportunity is the Law Notice (found on the reverse side). I understand that I have the right to file a complaint of discrimination.

During the onsite monitoring visits, participant files are reviewed to assure that the Notice is provided and a signed copy is included in the participant files.

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The means by which the state ensures that recruitment brochures and other materials are routinely made available to the public include the statements “equal opportunity employer/program” and “auxiliary aids and services are available upon request to individuals with disabilities”:DEED issues policy statements that address the obligation to provide the required language. Specifically, WIA/WIOA Equal Opportunity Policy Manual, Chapter 2 addresses the requirement.

Include the required tag lines ‘Equal Opportunity Employer and Program Provider’ and ‘Auxiliary Aids or Services are provided’ in all relevant communications.

In any WIA/[WIOA] communication that mentions how recipients can be reached by phone, the numbers of the recipient’s TTY or relay service must also be provided.

As an example of taglines used for events, LWDA 10 has included the taglines on their flyers:

Explore Careers and On-Site Hiring Events Job Interviews – Presenting Your Best Self

To ensure that DEED speaks with one voice and that content produced by the agency reflects consistent messages and design standards, all public information produced by the agency must be routed through Communications, Analysis and Research Division (CARD) for final approval and distribution. This includes local news releases, brochure and publications intended for the public.

Minnesota has a centralized administration for job announcements and postings through the Minnesota Department of Management and Budget (MMB). The majority of applicants apply electronically, either by email or by submitting their resume to the official site for State of Minnesota careers.

All DEED job posting include the following tagline:

The Department of Employment and Economic Development is an equal employment, affirmative action and veteran-friendly employer and encourages all qualified candidates to apply for job opportunities. If you are an individual with a disability who needs assistance or cannot access the online job application and search tools, please contact Karen Lilledahl at 651/259-7089 or Karen.Lilledahl@state.mn.us. Please indicate what assistance is needed.

At the bottom of all job positions, MMB also includes an equal opportunity notice, which states:

AN EQUAL OPPORTUNITY EMPLOYER

The State of Minnesota is an equal opportunity, affirmative action, and veteran-friendly employer. We are committed to providing culturally responsive services to all Minnesotans. The State of Minnesota recognizes that a diverse workforce is essential

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and strongly encourages qualified women, minorities, individuals with disabilities, and veterans to apply.

We will make reasonable accommodations to all qualified applicants with disabilities. If you are an individual with a disability who needs assistance or cannot access the online job application system, please contact the job information line at 651.259.3637 or email careers@state.mn.us. Please indicate what assistance you need.

Where a telephone number is included on recruitment brochures and other materials, the means by which the state ensures that the materials indicate a TTY number or provide for an equally effective means of communication with individuals with hearing impairments:Each WFC has the means to communicate with persons who are deaf or hard of hearing either with a TTY or by using the Minnesota Relay system by dialing 7-1-1 anywhere in the state.

The DEED external website identifies a TTY number in the “Contact Us” section as does the UI program. The UI program utilizes a toll free TTY number. WFC locations and contact information includes either a TTY number or the Minnesota Relay information.

The means by which program-related information is published or is broadcast in the news media and the means by which the state ensures that publications/broadcasts, state the program is an equal opportunity employer/program, and that auxiliary aids and services are available upon request to individuals with disabilities:Minnesota IT Services (MN.IT) provides the IT for all State of Minnesota agencies. MN.IT has an Office of Accessibility that sets the accessibility standards for meetings, electronic documents, multimedia and social media, along with providing guidance on accessible IT products and services. DEED’s Communication provides a Style Guide where information about the taglines will be inserted.

The manner in which and the extent to which information in languages other than English is provided and the manner in which the state ensures that persons of limited English-speaking ability have access to its programs and activities on a basis equal to that of those who are proficient in English.Chapter 4.1 of the WIA/WIOA Equal Opportunity Policy Manual addresses Limited English Proficiency discussed in Element 4. The action required by the program provider states:

It is the policy of the Department of Employment and Economic Development (DEED) to ensure equal access to limited and non-English speaking customers. All recipients of WIA Title I funds have an affirmative duty to provide services and information in languages other than English.

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The policy standards list actions a recipient must take:

A significant number, twenty percent nationwide, of the population eligible to be served, or likely to be directly affected, by a WIA Title I-financially assisted program or activity, may need services or information in a language other than English in order to be effectively informed about, or able to participate in, the program or activity. Where such a significant number or proportion exists, a recipient must take the following actions:

1. Consider:a. The scope of the program or activity, andb. The size and concentration of the population that needs services or

information in a language other than English; and2. Based on those considerations, take reasonable steps to provide services and

information in appropriate languages. a. This information must include the initial and continuing notice

required under 29 CFR 37.29 and 37.30, and all information that is communicated under 29 CFR 37.34.

In circumstances other than those described above, a recipient should nonetheless make reasonable efforts to meet the particularized language needs of limited-English-speaking individuals who seek services or information from the recipient.

Each LWDA annually assesses their program participation needs including access for individuals who are not proficient in English. The 2016 Regional and Local Plan identifies the staff who are designated English as a Second Language Coordinator for all partner programs. The Coordinator assists in identifying translation needs and local, state, and national resources that can assist in providing access to services.

UNEMPLOYMENT INSURANCE (UI) The Unemployment Insurance Program (UI) offers information in alternative languages in print, online, and by phone.

A printed copy of the UI Handbook, is mailed to all applicants who have applied for unemployment benefits. The handbook is available in English, Spanish, Hmong and Somali. It is updated annually and is also published online.

The UI program also maintains alternative language content on its web site. The additional languages available to customers on the UI customer main page website include Spanish, Hmong, and Somali.

Many UI program functions can be completed either online or by telephone. The automated phone self-service system is available in Spanish, Hmong, and Somali.

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If an applicant for benefits or an employer is having difficulty with a UI-related issue, he/she can call the UI Customer Service Center and seek staff assistance. The UI Program maintains two Customer Service Center (CSC) locations staffed by 106 Operations Analysts (and 13 seasonal, temporary part-time staff) who respond to contacts from employers, applicants for unemployment benefits, and other parties with questions regarding the UI benefit program. The CSC staff is available to the public Monday through Friday, 8:00 a.m. to 4:30 p.m.

Customers who call the UI Customer Service Center have access to alternative language interpreter services via a phone-based private vendor called the AT&T Language Line. This service covers 160 languages and is available anytime during regular Customer Service Center hours. The UI Procedural Reference Guide links Customer Service Center staff with information on how to access the Language Line service to handle language interpretation needs. The AT&T Language Line is also used for UI’s appeals proceedings.

Customers who speak alternative languages can also receive walk-in service at the UI Program’s administrative headquarters office in St. Paul or from UI staff located in Minnesota Workforce Centers.

The manner in which and the extent to which orientations for registrants, applicants, eligible applicants/registrants, employees, applicants for employment, and members of the public include a discussion of the rights of such persons under WIA section 188:The new employee orientation sessions DEED conducts are mandatory for all new employees of the department and include an introduction of the staff and responsibilities of the ODEO. ODEO staff discusses diversity, inclusion, equal opportunity and nondiscrimination; the reasonable accommodation process; employee and complaint process, and accessibility.

The UI Customers Service Center has TTY services available for the deaf and hard of hearing at 1-866-814-1252.

If a participant in an UI appeals hearing is hard of hearing, deaf, visually impaired, or has a disability that makes a telephone hearing ineffective, the department offers in-person hearings upon request in order to accommodate those participants. Signing interpreters are scheduled as needed for in-person hearings.

The steps taken to ensure that communications with individuals with disabilities are as effective as communication with others:The Americans with Disabilities Act (ADA) requires that all programs, services and activities are readily accessible to, and usable by, qualified individuals with disabilities. DEED must communicate effectively with individuals with speech, visual, hearing impairments, and cognitive disabilities and provide auxiliary communication aids to qualified staff, applicants, and participants with disabilities participating in or benefiting from the state’s programs, services or activities in order to ensure equal opportunity.

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One of the Minnesota WorkForce Center System core partners and a DEED program division, State Services for the Blind (SSB), provides employment and independent living services for individuals who are blind or have low vision. Among SSB’s services is the Communication Center, the only facility of this kind in Minnesota that provides Braille and audio transcription services to citizens of Minnesota who have difficulty reading print. SSB staff provides technical expertise in assistive technology and accommodations.

All WFCs are equipped with computer software and equipment to help participants who are blind, visually impaired, or have other physical or cognitive impairments to access computer programs, websites, and read printed materials. Assistive technology that is available in the WFCs includes CCTV (at some locations), Pocket talker, JAWS and Zoom Text, and UbiDuo. The list of Minnesota WorkForce Center contact information is available on DEED’s external website. TTY numbers or Minnesota Relay information are included.

Additionally, the WFC staff can always contact ODEO for additional assistance in providing accommodations or effective communication. WFC Staff are trained on providing effective communication and assistive technology.

The process the state has used and will continue using to develop and communicate policy and conduct training regarding nondiscrimination and equal opportunity:In order to prepare for an Equal Opportunity monitoring visit, the LWDA’s EO Officer needs to complete questions in the Desk Review about the requirements concerning notice.

DEED’s external website includes an Equal Opportunity Statement. The site also links to DEED’s Affirmative Action plan. The statement is as follows:

The Minnesota Department of Employment and Economic Development (DEED) is an equal opportunity employer and program provider.

No one will be denied the opportunity to participate in DEED's programs, employment, or promotion, based on race, color, creed, marital status, status with regard to public assistance, disability, genetic information, sexual orientation, age, religion, national origin, sex, familial status or membership in a local human rights commission.

It is DEED’s policy to review and revise all policies that address nondiscrimination and equal opportunity. The policies are reviewed and revised at a minimum of every two years. The Discrimination and Discriminatory Harassment and Reasonable Accommodation policies were revised in July 2016, and are awaiting final approval and reissue.

Training programs are provided to all staff and partners. Preventing harassment, including sexual harassment training, is required to be taken by staff every five years. The Office of Diversity and Equal Opportunity and the Workforce Development Division partnered

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developing and presenting of equal opportunity trainings both in 2015 and 2016 and were held at multiple locations throughout the State.

November 9, 2016 - Disability and the ADA for the City of Minneapolis, Employment and Training

September 9, 2016 - Code of Conduct Training for Burnsville WFC June 6, 2016 - Resource and Reception Area Training Webinar for WFC staff. March 4, 2016 - Accommodating Individuals with Disabilities in the Workplace for

Bloomington WFC

The WIA/WIOA Equal Opportunity Policy Manual provides the EO policy requirements for WIA/WIOA implementation system wide. The Manual will be reviewed and updated once the Nondiscrimination Regulations are made public by the Civil Rights Center.

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Element 3 – Assurances

PURPOSE

The State addresses how it and its recipients are complying and will continue to comply with the requirements of equal opportunity regarding the review of assurances, job training plans, contracts, and policies and procedures. Additionally, this section addresses the procedures the state and its recipients will follow in assessing the ability of grantees and eligible training providers to comply with the Workforce Innovation and Opportunity Act (WIOA).

NARRATIVE

How Does the State ensure that each grant applicant and each training provider seeking eligibility includes in its application for financial assistance the required Equal Opportunity (EO) assurance.The Minnesota’s State Combined Plan, July 1, 2016 through June 30, 2020 is the starting point for equal opportunity assurances. The Combined Plan will continue to be Minnesota’s promise to the Department of Labor that it is complying with and will continue to comply with the nondiscrimination provisions of Section 188 and its implementing regulations.

THE STATE OF MINNESOTA PROVIDES THE FOLLOWING ASSURANCES, AS REQUIRED BY THE U.S. DEPARTMENT OF LABOR.

1. The state has established a policy identifying circumstances that may present a conflict of interest for a State Board or local board member, or the entity or class of officials that the member represents, and procedures to resolve such conflicts;

2. The State has established a policy to provide the pubic (including individuals with disabilities) access to meetings of State Boards and local boards, and information regarding activities of the State Boards and local boards, such as data on board membership and minutes;

3. The lead State agencies with the optimal policy-making authority and responsibility for the administration of core programs reviewed and commented on the appropriate operational planning elements of the Combined State Plan, and approved the elements as serving the needs of the populations served by such programs;

4. There are two parts to #4 which includes:(a) The state obtained input into the development of the Combined State Plan and

provided an opportunity for comment on the plan by representatives of local boards and chief elected officials, businesses, labor organizations, institutions of higher education, the entities responsible for planning or administrating the core programs, required one-stop partners and the other Combined State Plan programs, other primary stakeholders, and the general public, and that the Combined State Plan is available an accessible to the general public.

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(b) The State provided an opportunity for review and comment on the plan by the State Board, including State agency official(s) for the Unemployment Insurance Agency, if such official(s) is a member of the State Board.

THE STATE HAS ESTABLISHED, IN ACCORDANCE WITH WIA/WIOA SECTION 116(I), FISCAL CONTROL AND FUND ACCOUNTING PROCEDURES THAT MAY BE NECESSARY TO ENSURE THE PROPER DISBURSEMENT OF, AND ACCOUNTING FOR, FUNDS PAID TO THE STATE THROUGH ALLOTMENTS MADE FOR CORE PROGRAMS TO CARRY OUT WORKFORCE INVESTMENT ACTIVITIES UNDER CHAPTERS 2 AND 3 OF SUBTITLE B:

1. The State has taken appropriate action to secure compliance with uniform administrative requirements in this Act, including that the State will annually monitor local areas to ensure compliance and otherwise take appropriate action to secure compliance with the uniform administrative requirements under WIA/WIOA section 184(a)(3)

2. The state has taken the appropriate action to be in compliance with WIA/WIOA Section 188, as applicable;

3. The Federal funds received to carry out a core program will not be expended for any purpose other than for activities authorized with respect to such funds under that core program;

4. The State will pay an appropriate share (as defined by the State board) of the costs of carrying out Section 116, from funds made available through each of the core programs;

5. The State has a one-stop certification policy that ensures the physical and programmatic accessibility of all one-stop centers with the Americans with Disabilities Act of 1990 (ADA);

6. Service providers have a referral process in place for directing Veterans with Significant Barriers to Employment (SBE) to DVOP services, when appropriate; and

7. Priority of service for veterans and eligible spouses is provided in accordance with 38 USC 4215 in all workforce preparation, development or delivery of programs or services funded directly, in whole or in part, by the Department of Labor.

THE STATE DEPARTMENT OF EMPLOYMENT & ECONOMIC DEVELOPMENT PROVIDES THE FOLLOWING ASSURANCES RELATED TO TITLE I-B OF WIA/WIOA:

1. The State has implemented a policy to ensure Adult program funds provide a priority in the delivery of career and training services to individuals who are low income, public assistance recipients or basic skills deficient;

2. The State has implemented a policy to ensure local areas have a process in place for referring veterans with significant barriers to employment to career services provided by the JVSG program's Disabled Veteran's Outreach Program (DVOP) Specialist;

3. The State established a written policy and procedure that set forth criteria to be used by chief elected officials for the appointment of local workforce development board members

4. The State established written policy and procedures to ensure local workforce development boards are certified by the governor every two years in accordance with WIA/WIOA Section 107(c)(2);

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5. Where an alternative entity takes the place of the State Board, the State has written policy and procedures to ensure the alternative entity meets the definition under WIA/WIOA Section 101(e) and the legal requirements for membership;

6. The State established a written policy for how the individuals and entities represented on the State Workforce Development Board help to determine the methods and factors of distribution, and how the State consults with chief elected officials in local areas throughout the State in determining the distributions;

7. The State will not use funds received under WIA/WIOA Title I to assist, promote, or deter union organizing in accordance with WIA/WIOA Section 181(b)(7);

8. The State distributes adult and youth funds received under WIA/WIOA equitably throughout the State, and no local area suffers significant shifts in funding from year-to-year during the period covered by this plan;

9. If a State Workforce Development Board, department or agency administers State laws for vocational rehabilitation of individuals with disabilities, that board, department or agency cooperates with the agency that administers Wagner-Peyser services, Adult and Dislocated Worker programs and Youth Programs under Title I;

10. Priority of Service for covered persons is provided for each of the Title I programs; and11. The State agrees to report on the impact and outcomes of its approved in its WIA/WIOA

Annual Report;12. The State has taken appropriate action to secure compliance with the Uniform Guidance

at 2 CFR 200 and 2 CFR 2900, including that the State will annually monitor local areas to ensure compliance and otherwise take appropriate action to secure compliance with the Uniform Guidance under WIA/WIOA Section 184(a)(3).

FURTHER, THE STATE MUST ASSURE THAT IT WILL ESTABLISH AND ADHERE TO METHODS OF ADMINISTRATION THAT GIVE A REASONABLE GUARANTEE OF COMPLIANCE WITH THE ABOVE EQUAL OPPORTUNITY AND NONDISCRIMINATION LAWS AND REGULATIONS REGARDING THE PROGRAM SERVICES IT PROVIDES AND IN ITS EMPLOYMENT PRACTICES. THESE METHODS OF ADMINISTRATION MUST, AT A MINIMUM, INCLUDE THE FOLLOWING:

1. Designation of an Equal Opportunity Officer. The state must designate a senior-level individual to coordinate its EO responsibilities. The person designated must report to the top official on equal opportunity and nondiscrimination matters and be assigned sufficient staff and resources to ensure the capability to fulfill the agency’s equal opportunity and nondiscrimination obligations.

2. Equal Opportunity Notice and Communication. The state must take affirmative steps to prominently display the Equal Opportunity is the Law poster in all its facilities and inform applicants for programs, participants, applicants for employment, and employees:

a. that the state does not discriminate in admission, access, treatment, or employment; and

b. of their right to file a complaint and how to do so. Other than the Equal Opportunity is the Law poster, methods of notification of this information may include placement of notices in offices and publication of notices in newsletters, newspapers, or magazines.

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3. Assurances. The state must develop and implement procedures for transferring nondiscrimination and EO obligations in sub-contracts and sub-agreements.

4. Universal Access. The state must take appropriate steps to ensure that they are providing universal access to their programs. These steps should include reasonable efforts to include members of both sexes, various racial and ethnic groups, individuals with disabilities and individuals in differing age groups.

5. Compliance with Section 504. The state must take the necessary measures to ensure access to its programs and facilities for persons with disabilities, as well as make certain communication with persons with disabilities is as effective as that with others.

6. Data Collection and Recordkeeping. The state must collect such data and maintain such records in accordance with procedures prescribed by the Director of the U.S. Department of Labor’s Civil Rights Center. These characteristics data (e.g., race, sex, national origin, age, disability) are utilized to determine whether the state and its local office are in compliance with Federal nondiscrimination and equal opportunity statutes and regulations.

7. Monitoring. The state must establish a system for periodically monitoring the delivery of program services for compliance.

8. Discrimination Complaint Procedures. The state must develop and follow procedures for handling complaints of discrimination covering all of the regulations applicable to it as a recipient of Federal financial assistance.

9. Corrective Actions and Sanctions. The state must establish procedures for taking prompt corrective action regarding any noncompliance finding relating to the administration, management and operation of its programs and activities.

Every two years, the State issues the Regional Workforce Development Area (RWDA) plan and Local Workforce Development Area (LWDA) Plans. The LWDAs reflect the intent of the State level Combined Plan to meet and carry out the commitment to provide equal opportunity to all residents of Minnesota. Attached is a sample template of the LWDA plan with assurances. The LWDAs are required to review their local plan annually and submit revisions to DEED. Below are examples of these plans:

RWDA Plan for Region 4 RWDA Plan for Region 4, LWDA 15

Annually, the State sends the Master Grant Agreement to all LWDAs. The Master Grant Agreement identifies in Section 16.3 Assurances that as a condition to the award of financial assistance from the Department of Labor under Title I of the Workforce Investment Act of 1998 (WIA), the Workforce Innovation and Opportunity Act (WIOA), or any other State Workforce Development Employment and Training funds, the grant GRANTEE assures that it will comply fully with the nondiscrimination and equal opportunity provisions and other assurances.

The Fiscal Monitoring unit provides fiscal and program monitoring oversight. Field monitors review the local level Workforce Service Areas (grantees) to ensure that the required assurance

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language is included in all grants and subgrants. The Monitoring activity is detailed in Element 7.

How is the required assurance incorporated into each grant, cooperative agreement, contract or other arrangement where financial assistance under WIA is made available? How is the assurance incorporated by reference into these documents?The required assurance language is considered a condition for grant approval and must be included in agreements entered into by all grantees and subgrantees.

SECTION 16.3 ASSURANCES LISTS THE FOLLOWING REQUIREMENTS AS A CONDITION OF FINANCIAL ASSISTANCE:

Accessibility - Section 508 of the Rehabilitation Act of 1973, as amended - Requires that federally funded program providers make their electronic information and technology accessible to people with disabilities;

ACORN – Funds may not be provided to the Association of Community Organizations for Reform Now, or any of its affiliates, subsidiaries, allied organizations or successors;

Audits – 2 CFR 200.501 and Single Audit Act Amendments of 1996 - organization-wide or program-specific audits shall be performed;

Buy American- Buy American Act – award may not be expended unless the funds comply with USC 41, Section 8301-8303;

Data Sharing – MN Access to Government Data, MN Duties of Responsible Authority; MN Access to Information; MN Administrative Rules Data Practices; DEED Policy – Data Practices;

Disability - that there will be compliance with the Architectural Barriers Act of 1968, Sections 503 and 504 of the Rehabilitation Act of 1973, as amended, and the Americans with Disabilities Act of 1990;

Drug-Free Workplace – Drug-Free Workplace Act of 1988 – requires all organizations to maintain a drug-free workplace;

Equipment – 2 CFR 200. 313, 200.439 – must receive prior approval for the purchase of any equipment with a per unit acquisition cost of $5,000 or more, and a useful life of more than one year;

Fire Safety – 15 USC 2225a – ensure that all space for conferences, meetings, conventions or training seminars funded in whole or in part complies with the protection and control guidelines of the Hotel and Motel Fired Safety Act (Public Law 101-391);

Fraud/Abuse - that the provider has policies on fraud and abuse and will contact DEED for potential fraud and abuse issues; 20 CFR 667.630; DEED Policy – Fraud Prevention and Abuse ;

Health Benefits – Public Law 113-235, Division G, Sections 506 and 507 – ensure use of funds for health benefits coverage complies with the Consolidated and Further Continuing Appropriations Act, 2015;

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Insurance - that insurance coverage be provided for injuries suffered by participants in work-related activities where Minnesota's workers' compensation law is not applicable as required under Regulations 20 CFR 667.274;

Insurance – Flood Disaster Protection Act of 1973 – provides that no Federal financial assistance to acquire, modernize or construct property may be provided in identified flood-prone communities in the United States, unless the community participates in the National Flood Insurance Program and flood insurance is purchased within 1 year of the identification;

Limited English - Executive Order 13166 - Improving access to services for persons with limited English proficiency;

Nondiscrimination - Section 188 of the Workforce Innovation and Opportunity Act (WIOA) - Requires applying nondiscrimination provisions in the administration of programs and activities for all eligible individuals, including individuals with disabilities;

Nondiscrimination - Section 188 of the Workforce Investment Act of 1998 (WIA) - Requires applying nondiscrimination provisions in the administration of programs and activities for all eligible individuals, including individuals with disabilities;

Nondiscrimination - Title VI of the Civil Rights Act of 1964, as amended – Prohibits discrimination on the bases of race, color, and national origin under any program receiving federal financial assistance;

Nondiscrimination - Title VII of the Civil Rights Act of 1964, as amended - Prohibits discrimination on the basis of race, color, religion, sex or national origin in employment;

Nondiscrimination - Title II of the Genetic Information Nondiscrimination Act of 2008 - Prohibits discrimination in employment on the basis of genetic information;

Nondiscrimination - Title V of the Older Americans Act of 1965 - Prohibits discrimination based on race, color, religion, sex, national original, age disability or political affiliation or beliefs in any program funded in part with Senior Community Services Employment Program funds;

Nondiscrimination - Title IX of the Education Amendments of 1972, as amended - Requires applying nondiscrimination provisions, based on sex, in educational programs;

Nondiscrimination - Title I (Employment) Americans with Disabilities Act (ADA) - Prohibits state and local governments, from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment;

Nondiscrimination - Title II (State and Local Governments) Americans with Disabilities Act (ADA) - Prohibits qualified individuals with disabilities from discrimination in services, programs, and activities;

Nondiscrimination - Section 504 of the Rehabilitation Act of 1973, as amended - Prohibits discrimination against qualified individuals with disabilities;

Nondiscrimination - Age Discrimination Act of 1975, as amended - Prohibits discrimination on the basis of age;

Nondiscrimination - Title 29 CFR Part 31 Nondiscrimination in federally-assisted programs of the Department of Labor, effectuation of Title VI of the Civil Rights Act of 1964;

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Nondiscrimination - Title 29 CFR Part 32 Nondiscrimination on the basis of disability in programs and activities receiving or benefiting from federal assistance;

Nondiscrimination - Title 29 CFR Part 33 Enforcement of nondiscrimination on the basis of disability in programs or activities conducted by the Department of Labor;

Nondiscrimination - Title 29 CFR Part 35 Nondiscrimination on the basis of age in programs or activities receiving federal financial assistance from the Department of Labor;

Nondiscrimination - Title 29 CFR Part 37 Implementation of the Nondiscrimination and Equal Opportunity provisions of the Workforce Investment Act of 1998;

Nondiscrimination - Title 29 CFR Part 38 Implementation of the Nondiscrimination and Equal Opportunity provisions of the Workforce Innovation and Opportunity Act;

Nondiscrimination - Executive Order 13160 Nondiscrimination on the basis of race, sex, color, national origin, disability, religion, age, sexual orientation, and status as a parent in federally conducted education and training Programs;

Nondiscrimination - Executive Order 13279 - Nondiscrimination against grant seeking organizations on the basis of religion in the administration or distribution of federal financial assistance under social service programs, including grants, contracts, and loans;

Nondiscrimination - The Minnesota Human Rights Act of 1973, Minnesota Statutes, Chapter 363A - Prohibits discrimination in employment and providing public services on the basis of race, color, creed, religion, natural origin, sex, marital status (employment only), disability, status with regard to public assistance, sexual orientation, familial status (employment only), citizenship, or age (employment only), and local human rights commission activity (employment only);

Nondiscrimination - that collection and maintenance of data necessary to show compliance with the nondiscrimination provisions of WIA and WIOA Section 188, as provided in the regulations implementing that section, will be completed;

Opportunity – Executive Order 12928 – encouraged to provide subcontracting/subgranting opportunities to Historically Black Colleges and Universities and other Minority Institutions and to Small Businesses Owned and Controlled by Socially and Economically Disadvantaged Individuals;

Personally Identifiable Information (PII) – Training and Guidance Letter 39-11 – must recognize and safeguard PII except where disclosure is allowed by prior written approval of the Grant Officer or by court order;

Procurement – Uniform Administrative Requirements – 2 CFR 200-317-36 – all procurement transactions to be conducted in a manner to provide, to the maximum extent practical, open and free competition;

Publicity – no funds shall be used for publicity or propaganda purposes, preparation or distribution or use of any kit, pamphlet, booklet, publication, radio, television or film presentation designed to support or defeat legislation pending before the Congress or any state/local legislature or legislative body, except in presentation to the Congress or any state/local legislature itself, or designed to support or defeat any proposed or pending regulation, administrative action, or order issued by the executive branch of any state or local government. Nor shall grant funds be used to pay the salary or expenses of any recipient or agent acting for such recipient, related to any activity

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designed to influence the enactment of legislation, appropriations regulation, administrative action, or Executive Order proposed or pending before the Congress, or any state government, state legislature or local legislature body other than for normal and recognized executive-legislative relationships or participation by an agency or officer of a state, local or tribal government in policymaking and administrative processes within the executive branch of that government;

Salary/Bonus – Public Law 113-235, Division G, Title I, Section 105 – none of the funds appropriated under the heading “Employment and Training” shall be used by a recipient or subrecipient of such funds to pay the salary and bonuses of an individual, either as direct costs or indirect costs, at a rate in excess of Executive Level II. Further clarification can be found in TEGL 5-06;

Seat Belts - Executive Order 13043 – Increasing Seat Belt Use in the United States; Text Messaging – Executive Order 13513 – encouraged to adopt and enforce policies

that ban text messaging while driving company-owned or –rented vehicles or GOV or while driving POV when on official Government business or when performing any work for or on behalf of the Government;

Trafficking of Persons – 2 CFR 180 – OMB Guidelines to Agencies on Government wide Debarment and Suspension – may not engage in severe forms of trafficking, procure a commercial sex act or use forced labor in the performance;

Veteran Priority of Service - Public Law 107-288: Jobs for Veterans Act - Priority of service for veterans (including veterans, eligible spouses, widows and widowers of service members) in qualified job training programs;

Veterans - Public Law 112-56: Vow to Hire Heroes Act of 2011 - Establishes guidelines for service providers who are providing employment, training, academic or rehabilitation services for military veterans;

Veterans - that veterans will be afforded employment and training activities authorized in WIA and WIOA Section 134, and the activities authorized in Chapters 41 and 42 of Title 38 US code, and in compliance with the veterans' priority established in the Jobs for Veterans Act. (38 USC 4215), U.S. Department of Labor, Training and Employment Guidance Letter 5-03 and Minnesota's Executive Order 06-02;

Voter Registration - that the required voter registration procedures described in Minnesota Statutes 201.162 are enacted without the use of federal funds;

Voter Registration – 52 USC 20501 – 20511 – National Voter Registration Act of 1993.Since the assurance obligation extends to all grant agreements made by the State, all grantees that receive any type or amount to WIA/WIOA funding, including discretionary funding, are held to all the same requirements and conditions under 29 CFR Part 37 and 29 CFR Part 38 regarding equal opportunity and nondiscrimination. Additionally the agreement includes the civil rights obligation in the Minnesota Human Rights Act.

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How each grant applicant and each training provider seeking eligibility is able to provide programmatic and architectural accessibility for individuals with disabilities?All WIA/WIOA grantees must ensure that their sites, services, and programs are accessible to universal customers, including individuals with disabilities. If a site is not architecturally accessible, grantees are required to relocate to an accessible facility/location. The Employment and Training Programs (ETP) Division in collaboration with DEED’s Office of Diversity and Equal Opportunity (ODEO) provides guidance and resources to help overcome barriers to access.

The WorkForce Centers (WFCs) ensure that they remain accessible by being located close to public transportation. All WFCs have previously undergone a site review inspection and certification for compliance with ADA Accessibility Standards by DEED and they have adaptive equipment to provide access to customers with disabilities. ODEO conducts site reviews of all WFCs on a three-year cycle to ensure that the WFC system is ADA compliant and accessible to the universal customers with disabilities.

Employment and Training Programs Division (ETP) grantees and service providers are held to the accessibility policies and standards established by DEED. The standards were developed to ensure that system wide services comply with all applicable federal and state laws. The standards for Determining the Location of a WorkForce Center policy states:

The WFC location will be accessible to all populations including people with disabilities. DEED is the final authority in determining if a location meets the criteria to be certified as a WorkForce Center.

How job training plans, contracts, assurances, and other similar agreements entered into by recipients are both nondiscriminatory and contain the required language regarding nondiscrimination and equal opportunity?The local plans and contracts are monitored by the Employment and Training Programs (ETP) Division’s Fiscal Monitoring Unit to ensure the contracts contain the required assurance language.

Workforce development system service providers rely on DEED to provide workforce development policies to ensure that their services comply with federal and state laws and regulations.

How state and local-level policy issuances or issuances from other recipients are not discriminatory either in intent or effect?Guidance regarding EO initiatives, compliance procedures, the complaint process, and monitoring activities is provided system wide and vetted by ETP staff with subject matter expertise.

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DEED’s WIA/WIOA Equal Opportunity Policy Manual, Chapter 3: Assurances, states:

The assurance language of the Master Grant between the Employment and Training Programs (ETP) Division of the Minnesota Department of Employment and Economic Development (DEED), the Workforce Service Areas (WSAs), and other providers, including any subgrantees, must include language pertaining to Civil Rights obligations as recommended by the Directorate of Civil Rights of the U.S. Department of Labor.

How policies on nondiscrimination and/or equal opportunity issues are developed and implemented in a timely manner?DEED’s policy framework is developed collaboratively with Employment and Training Programs Division (ETP) staff and system partners to update, develop, and implement policy. DEED has implemented a policy administration system that centralizes ETP requirements and guidance organized by program and topic. Links to laws, regulations, and guidance are included so that service providers can understand the purpose and origin of policy requirements. The Multi-Program Administrative sections identify policies applicable to all programs and are accessible on DEED’s ETP website under Policy and Guidance, Workforce Development.

ETP Program Specialists and policy experts initiate draft directives and procedures based on monitory reports, program participation, site reviews, changes to federal or state regulations or laws, or service provider feedback. ETP policies are categorized under the following headings:

Administration and Operations Dislocated Worker Dislocated Work and WIA/WIOA Adult Displaced Homemaker Foreign Labor Certification Migrant and Seasonal Farmworkers Minnesota WorkForce Centers MinnesotaWorks.net Multi-Program Administration Requirement’s Senior Community Service Employment Trade Adjustment Assistance Veterans Wagner-Peyser WIA/WIOA Adult Work Opportunity Tax Credit Workforce Innovation and Opportunity Act

As policy is drafted, it moves through various status categories including In-Development, Initial Approval, Final Approval, Public Comment, Published, or Retired. Individuals involved in policy development include contributor level, Web Content Developer, Initial Approver, Final Approval, and Administrator. Draft policies are placed on the website for a specified period of time asking for review and comment. Policies are available in alternate formats.

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As discussed in Element 1, the manual covering WIA/WIOA Title I nondiscrimination and equal opportunity policy requirements aligns with the nine elements of the MOA. DEED’s policy manual is entitled the WIA/WIOA Equal Opportunity Policy Manual. This EO Policy Manual is available on DEED’s website.

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Element 4 – Universal Access

PURPOSE

To demonstrate how the State and its recipients partner and comply with, and will continue to comply with, the requirements relating to the provision of universal access to programs, services and activities.

NARRATIVE

The State has communicated the obligation of recipients to make efforts (including outreach) to broaden the composition of the pool of those considered for participation or employment in their programs and activities in an effort to include members of both sexes, of the various racial and ethnic groups, and of various age groups, as well as individuals with disabilities. Recipients have made and will continue to make efforts to broaden the composition of those considered for participation or employment in their programs and activities, as previously described above.DEED is the State's principal employment and economic development agency. The agency's mission is to support the economic success of individuals, businesses, and communities by improving opportunities for growth.

CHANGING DEMOGRAPHICS Over the past 15 years, Minnesota’s white population has grown by 4.2% while its populations of color have grown at rates far exceeding that, including African American/Black 65.2%, Asian 61.8% and Hispanic 84.3%. These changes are expected to continue and even accelerate in the coming years, especially among those Minnesotans of working age.

The Minnesota State Demographic Center projects that between now and 2030 our minority population will grow by 37.3%. The white population will grow by 4.1%, most of which will be aged 65 and older. It is clear that what little growth we are likely to see in our workforce will come in a large part, if not entirely from our minority workers.

TARGET POPULATIONS DEED serves all Minnesotans through any of our 48 WorkForce Centers (WFCs) and our programs. Our primary focus is on disadvantaged workers, or those with barriers to employment. These populations of Minnesotans have been separated from employment through no fault of their own and often fall into one of the following categories:

Veterans Laid-off workers

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Low-wage, low-skill adults People with disabilities At-risk youth

What follows is a description of offices or programs and how they address target populations and broaden their composition of individuals represented.

OFFICES DEDICATED TO OUTREACH AND/OR MONITORING COMPOSITION OF POPULATIONS SERVED Office of Equity and Economic Opportunity (OEEO)The Minnesota Department of Employment and Economic Development (DEED) is committed to a healthy economy where all Minnesotans have or are on a path to meaningful employment at a family-sustaining wage, and where all employers are able to fill jobs in demand. In 2016, Governor Dayton established the Office of Equity and Economic Opportunity (OEEO) to focus on eradicating racial disparities within employment and business opportunities within the state. OEEO helps to identify and break down barriers that have contributed to statewide economic inequities facing Minnesotans of color. OEEO is headed up by Assistant Commissioner Karen Francois and Director Kolu Wilson with plans to add some additional staff resources in 2017.

In the 2016 legislative session, the Minnesota Legislature approved an equity spending package to include $35 million for grants to help make Minnesota a state where everyone has an opportunity to succeed. As part of this package, up to $320,000 was made available for nonprofit organizations offering or seeking to offer workforce development and economic development programming to increase their organizational capacity.

As a result, DEED announced that six equity grants were available for a competitive grant process for programs and services designed to improve economic opportunities for people of color, women, people with disabilities, veterans, and/or youth. A new grant process was implemented to engage community members, ensure racial and geographic participation and ensure transparency in the development of the request for proposals, review and evaluation of proposals, and in the allocation of funding. The new process was overseen by the OEEO in collaboration with ETP.

Office of Diversity and Equal Opportunity (ODEO)DEED’s Office of Diversity and Equal Opportunity (ODEO) maintains oversight of the equal opportunity program to include ensuring that EO Officers are designated for each local area, trained and supported, and provides consultation on outreach methods to the program areas. ODEO monitors outreach efforts to determine whether we are reaching the all communities and the populations served are reflective of Minnesota’s demographics.

Community OutreachMinnesota pays special attention to target populations, including, but not limited to, dislocated workers, ex-offenders, veterans, migrant and seasonal farmworkers, disadvantaged adults and youth, individuals with disabilities, older workers, and welfare recipients who are seeking

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employment. In order to achieve universal access for all participants, DEED and its partners must consistently review the composition of these individuals who participate in its programs.

DEED works in partnership with individuals, community groups, other government entities, and businesses to design services and deliver them effectively to communities across Minnesota. The goal is to ensure that programs, services, activities, and sites are accessible to and useable by individuals with disabilities; people with limited English-proficiency; sex; various racial and ethnic groups; and different age groups.

In 2015, in response to Minnesota’s minority and ethnic groups suffering significant economic and employment disparities, DEED’s Employment and Training Programs (ETP) Division initiated a Community Outreach function. The three goals of this newly designed function were to: raise awareness of DEED’s grants, services and programs targeting communities of color, increase the participation of communities of color in DEED’s grant programs and ensure that services are culturally responsive.

Over that first year, we provided outreach to a total of 13 organizations that had never been awarded a DEED grant. Nine submitted applications yet only three of them were awarded funding, principally, due to their lack of organizational capacity in relation to their competitors.

In order to ensure the Employment and Training Programs (ETP) Division’s services were culturally responsive, Community Outreach maintained active membership with DEED’s Diversity Committee, provided translation services for Rapid Response and Trade Adjustment Assistance programs, created and facilitated diversity trainings for service providers, partners and workforce centers, provided technical assistance to the Employment and Training Programs (ETP) Division, maintained involvement with community-based organizations and facilitated an agency wide panel discussion on “Cultural Diversity.”

Governor’s Workforce Development Board (GWBD)With the passing of the federal Workforce Innovation and Opportunity Act (WIOA), the Governor’s Workforce Development Council changed its name to the Governor’s Workforce Development Board (GWDB). The GWDB membership has also changed to reflect majority membership from the private sector geographically located across the state and representing five key growth sectors in Minnesota. The GWDB meets quarterly with committee meetings held monthly.

The GWDB has a new committee structure including:

Executive Committee: Responsibilities include establishing vision, goals, and overall duties set forth under WIA/WIOA.

Operations Committee: Responsibilities include to overseeing and supporting the GWDB Strategic Plan (MN Combined State Plan), providing recommendations, monitoring and overseeing the workforce delivery system, and reporting to the full board.

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Career Pathways Partnership Committee: Responsibilities include reducing educational and employment disparities based on race or disability to provide greater opportunity for all Minnesotans and building employer-led industry-sector partnerships focused on aligning skills with careers in demand.

Equity Task Force Committee: Responsibilities include establishing leadership and an operational framework to identify gaps in services and resources that effect racial/ethnic communities, American Indians, and employers and facilitating the use of data and research to address gaps and connect opportunities for targeted communities to resource pipelines, including financial.

The GWDB recently adopted their Strategic Plan for 2016- 2020. The vision for this plan is to have a healthy economy where all Minnesotans have, or are on a path to, meaningful employment with a family sustaining wage, and where all employers are able to fill jobs in demand. This vision is further supported by the two goals. Those goals are 1) to reduce educational and employment disparities based on race or disability to provide greater opportunity for all Minnesotans, and 2) to build employer-led industry sector partnerships focused on better understanding the skills that employers need and connecting skilled workers to those opportunities. The GWDB’s strategic plan identifies six key strategies: business engagement, community engagement, customer-centered design, funding and resources, policy and system alignment, and system management.

The GWDB will be releasing a legislative report to the Minnesota Legislature in January 2017, which includes key recommendations to address the disparities in education and employment and developing employer-led industry sector partnerships through career pathways. The GWDB fulfills their responsibilities through oversight and support of the Strategic Plan, monitoring progress toward performance milestones, analyze barriers and gaps that impede success, share innovative best practices in workforce development and talent pipeline sector strategies, develop, review, and approve required federal WIA/WIOA reports, plans, and policies, advise and make recommendations to the Governor on the state’s workforce development system.

WorkForce Centers (WFCs)Minnesota’s WorkForce Center system has a network of 48 WorkForce Centers employing hundreds of career counselors, providing the core and service-related support to Minnesota’s job-seeking individuals. The 48 WFCs are located throughout the State. WFC services are available to all Minnesotans throughout the state, free of charge. Customers can walk into a WFC and use the computer to search for a job or attend a workshop. All WFCs serve customers of the public workforce system with highly trained professional staff.

DEED’s WIA/WIOA Title I Monitoring UnitDEED’s WIA/WIOA Title I Monitoring Unit consists of 13 staff whose duties include the assessment of fiscal and program oversight and technical assistance. The oversight obligation is implemented using desk audits, onsite monitoring reviews, and data validation of WIA/WIOA programs. The monitors review program data, the duties of the designated EO Officer,

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utilization of a valid complaint procedure, WIA/WIOA Public Notice postings, and effective communication methods.

If the monitors identify any area of non-compliance, a corrective action plan is created to remedy identified issues. The monitors provide technical assistance and training as necessary to reach a successful outcome. Monitoring activities are discussed in detail in Element 7.

PLANS, POLICIES, AND GUIDANCE DEED issues policies and guidelines to program staff and grant recipients to assist them in setting their priorities of service and determining eligibility for various programs. These policies guide DEED, its partners, and the WorkForce Center System in determining effective outreach strategies.

Local Workforce Development Area (LWDA) Plan The Local Workforce Development Area (LWDA) Plan includes the certificates and assurances, signed by the LWDA Board confirming compliance with WIA/WIOA Section 188 and its implementation regulations.

Review of Local Plans is conducted every year by the Employment and Training Programs (ETP) Division. A review team of program experts oversees the reports and makes recommended changes to the Workforce Service Areas and independent grantees. The Local Unified Plan and Annual Assessment require identification of the EO officer, the ADA Coordinator, the ESL Coordinator, and the data privacy coordinator. Additionally, the Plan requires specific assurance language that includes WIA/WIOA Section 188.

WIA/WIOA Multi-Program Administrative Requirements Administrative requirements for WIA/WIOA are addressed in the Policy and Guidance sections of the online policy site. The WIA Adult Training Programs Eligibility Determination Policy states:

The Workforce Investment Act (WIA) Title I Adult program is designed to serve the “universal client” with priority given to certain target groups including: individuals receiving public assistance, low income individuals, and within these categories, veterans.

WorkForce Center Certification ProcessDEED utilizes a comprehensive method for developing and maintaining accessible WFCs to ensure program and architectural access. The Site Certification Process is completed during the EO Monitoring Visit or as needed every three years as required by the Department of Labor. If there is a WFC move or major remodel a site certification would need to be completed at that time. Element 5 addresses this aspect in detail. The onsite assessment and certification format also includes interviews with program staff and managers regarding knowledge of the universal access obligation. Topics discussed include:

Identification of significant populations

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ESL program availability Availability of bilingual staff or interpreter services Alternate communication methods Outreach activities Use of assistive technologies Identification of community resources

Confirmation of the placement of the required notices including the WIA/WIOA Notice to the Public and the ADA Notice to the Public.

WIA/WIOA Equal Opportunity Policy ManualThe online WIA/WIOA Equal Opportunity Policy Manual contains directives and procedures for the Workforce Investment Act Title I programs as well for the Senior Community Service Employment Program, Minnesota's state funded Youth Program, and Minnesota's state funded Dislocated Worker Program. Policies include guidance on the complaint process, monitoring obligations, data management, and sanction guidance. The policy manual has undergone a thorough revision in 2014 to better align with the objectives identified in the MOA.

In Chapter 4: Universal Access, the Manual sets standards for participants to broaden the composition of the pool of those considered for participation or employment in their programs and activities. The State and recipient responsibilities are to:

Conduct a survey or assessment of the eligible population to address the universal access requirement;

Identify the WIA/WIOA customer; WIA/WIOA partners; outreach media, methods, and partners; and develop recommendations for outreach strategies; service strategies, labor market strategies, and performance standards for WIA/WIOA programs;

Develop outreach and recruitment plans based on the assessment in order to broaden participation and employment pools in those targeted groups;

Establish procedures for listing job openings and available program or service opportunities that reach the maximum numbers of the local service area population;

Develop relationships with community organizations that reach the members of the local service area;

Assign staff and resources to carry out the outreach plan; Ensure staff awareness of the outreach plan through training and orientation; Demonstrate compliance with universal access requirements with supporting

documentation which may include: copies of plans for targeting, outreach, and recruitment (state or local level); copies of criteria for determining priority of service; copies of One-Stop operators’ universal access plans; samples of brochures, posters, or public service announcements;

Communicate universal access obligations to all recipients, including all languages applicable to recipient’s client groups;

Determine how recipients have made, and will continue to make, efforts to ensure universal access;

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Determine how the State will monitor and evaluate the success of its recipients’ universal access efforts.

Posting Non-Discrimination Notices to the Public DEED continues to inform providers of their obligation to post the approved “WIA Notice to the Public” poster. The obligation is stated in the WIA/WIOA Equal Opportunity Policy Manual, Chapter 2: Notice and Communications. The Policy requires that information and services are available to individuals with limited English proficiency, where significant numbers or proportions are determined.

DEED currently has the Notice posters available in seven languages: English, Hmong, Lao, Russian, Somali, Simple Chinese, and Spanish.

The State ensures that recipients post the “WIA/WIOA Notice to the Public ” through the issuance of policy requirements; periodic memos, emails, and directives; in participant handbooks and manuals; provided to participants and included in participant files; and, through fiscal and equal opportunity monitoring visits.

The Notice is updated as needed to reflect changes in staff or contact information. If contact information changes, the Notice is redistributed to all WFCs and all posters are located on the DEED website to allow easy access by all WIA/WIOA program providers. Additional language translations are added as demographic analysis dictates.

Limited or Non-English Proficiency Plan DEED developed a Limited English Proficiency (LEP) Plan that states

All agencies that receive federal and state financial assistance must take adequate steps to ensure that persons with limited English proficiency receive the language assistance necessary to allow them meaningful access to services free of charge.

The LEP plan outlines the Department of Labor’s four-factor analysis to be considered when deciding what reasonable steps should be taken to ensure meaningful access for customers with LEP. The four factors are: assessment, development and implementation of a written policy on language access, training of staff, and vigilant monitoring.

The WIA/WIOA EO Policy Manual, Chapter 4.1 : Limited English Proficiency , outlines to WIA/WIOA program providers the requirements of providing information and services in languages other than English when a significant number or proportion of persons to be served are individuals with limited English proficiency. Providers must take reasonable steps based on the scope of the program to provide services to non-English speaking participants.

DEED Policy and Procedures Manual (PPM)Within the first week of employment, DEED supervisors must orient a new employee to a number of DEED policies by following the required actions as listed on the Supervisor’s Checklist for New Employees. The DEED Policy and Procedure online manual contains all DEED’s

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administrative policies that apply to all DEED locations. The manual is introduced to all new employees at the required New Employee Orientation sessions. Office of Diversity and Equal Opportunity (ODEO) staff discuss with new employees specific equal opportunity policy information in the orientation and during the required preventing harassment training. The topics covered include an introduction of the ODEO staff, contact information, the complaint process, access obligations, the accommodation process and training opportunities.

PROGRAMS AND PROJECTSNorth Minneapolis WorkForce Center (WFC) Relocation ProjectThe new North Minneapolis WFC will be opening in December 2016 in a building called 800 West Broadway. This state-of-the-art facility will be the only WFC in the state housed in a facility with onsite access to employment services, K-12 and adult education, and health care. The new building is the culmination of a commitment made by Governor Dayton to dedicate resources to North Minneapolis to support the state’s goal of economic equity for all. DEED, the City of Minneapolis, the Minneapolis Schools District, Minneapolis Community and Technical College, and others have collaborated on this project and provided resources.

The goals of 800 West Broadway are:

Increased high school graduation rates and GED attainment; Higher post-secondary enrollment and credential attainment; Improved job placement; Career advancement; and Accessible health care services

A non-profit Community-based organization, North@Works, will be co-located in the WFC to provide specialized services to people with socio-economic barriers to employment. The Minnesota Department of Corrections is funding two positions in the WFC to provide services to ex-offenders. 800 West Broadway also has space for two private sector partners. The small business or retail partners will bring additional goods or services to North Minneapolis, along with jobs and economic growth.

Career ReadinessWagner-Peyser funds provide the Minnesota WFCs universal customers with no-cost access to take the three American College Testing (ACT) high stakes tests that are required to earn a National Career Readiness Certificate (NCRC). ACT’s National Career Readiness Certificate (NCRC) is nationally recognized and is a portable credential that demonstrates achievement and workplace employability skills in Applied Mathematics, Locating Information and Reading for Information. Minnesota Job Service management trained field staff on the process to respond promptly to a customer’s request for an ACT testing accommodation. ACT maintains a toll-free, knowledgeable and readily available Help Desk that partners with field staff to ensure ACT test validity and simultaneously provide the customer with an accommodation. In calendar year 2015 Minnesota’s Job Service administered 6,595 assessments that resulted in 1,805 customers earning the NCRC.

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DISLOCATED WORKERSAnother component of DEED’s strategy for helping job seekers is the Dislocated Worker (DW) Program, which provides tailored, one-on-one re-employment services for workers laid off through no fault of their own.

Each year, DEED successfully assists thousands of laid off workers in finding suitable employment as soon as possible. In the event a business closes or there are plans to lay off workers, a Rapid Response Team is the first responder and is trained to assess the situation and inform the affected workers of the services available. Laid workers who enroll in the Dislocated Worker Program can access career planning and counseling assistance, job search assistance, training upon counselor approval, and support services for certain counselor-approved expenses such as family care and transportation.

The DW Program provides fact sheets discussing topics such as basic DW Program services, filing for Unemployment Insurance, enrolling in health insurance through MNSure, and the roles of Rapid Response Team and the planning and selection committee of the affected workers in responding to a large layoff. When appropriate, the Rapid Response Team works with interpreters and translators to meet the language needs of the affected workers. As a means to reach the broadest population, the fact sheets about the DW Program are available to customers in English, Hmong, Somali, and Spanish.

WORKERS WITH A DIFFICULT JOB HISTORYSometimes employers are reluctant to hire workers they view as risky because of a current or past concern. The employer may questions a new employee’s credibility or honesty. Employers may be concerned about hiring works who lack employment history, have poor credit history, are welfare recipients, have a dishonorable military discharge, have a record of arrests or are economically disadvantaged youth or young adult.

Fidelity Bonding offers some assurance to employers who would like to take the risk out of hiring. It is a no-cost employee dishonesty insurance that protects employers against employee theft of money or property. The Minnesota Federal Bonding Service provides individual Fidelity Bonds to employers for new or current employees who may be denied coverage by commercial carriers.

Employers, not job seekers, apply for these bonds through the Minnesota Federal Bonding Coordinator. However, it is useful for job seekers to know about the program, since they can bring the bond program to the attention of a potential employer. Job counselors provide program information to job seekers in order to help the individual utilize this available resource.

EX-OFFENDERSDEED’s statewide interagency agreement with the Minnesota Department of Corrections (DOC) provides contracted services at the 11 State Correctional Facilities to include pre-release classes and workshops in which we give job search information, training and assistance. We also provide post-release services to ex-offenders including individual assistance, case management,

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access and referrals to WFC services, referrals to external education and community based organizations, and employment retention and follow-up assistance. We coordinate community re-entry activities with DOC staff, WFC partners, education agencies and community-based organizations to assist ex-offenders obtain and retain employment. Federal incarceration facilities in Duluth, Waseca and Rochester, have also availed their locations of contracted deliveries of DEED pre-release workshops. Formal and informal DEED outreach activities include community events, educational exhibitions, transitions fairs, WFC events, Minnesota Department of Correction activities, Transition Coalition Meetings and one-on-one services. It has been found vital to provide services that are convenient and timely for the ex-offenders we serve.

The ultimate goal of this work is to reduce recidivism and to enable the smooth transition of ex-offenders – federal, locally and state-sourced - to the social/community mainstream.

NEW LEAF WORKSHOP FOR OFFENDERS AND FORMER OFFENDERSThis workshop is designed specifically for job seekers who must address a criminal record in their job search process. This class expands upon our nationally recognized “Creative Job Search” course with specific strategies to empower ex-offenders to address and overcome barriers to employment - including how, when, and why to disclose criminal records - address employer concerns, answer tough interview questions, and to develop knowledge of WOTC, Federal Bonding, and “Ban the Box” programs and resources. The New Leaf classes are delivered at least monthly at WFCs in the metro area and are scheduled as driven by participant interest at WFCs in Greater Minnesota. Registration is available on-line and at local WFCs.

Formal and informal outreach activities include community events, educational exhibitions, transitions fairs, WFC events, Minnesota DOC activities, Transition Coalition Meetings and one-on-one services. It has been imperative to provide services that are convenient and timely for the ex-offenders we serve.

VETERANSMinnesota provides a wide variety of specialized employment and training services to Veterans including Veterans with disabilities. Support services include individual employment counseling, assistance in all stages of job search, direct referrals for job openings, job training for disabled Veterans, help in translating military training and skills to civilian skills, Veteran specific workshops, and referrals to a wide variety of Veterans service providers across Minnesota and the country. Veterans and businesses can access the DEED website to learn about Veteran Employment Services and find contact information for Veterans Employment Representatives.

Priority of Service (POS) is extended to all Veterans in all 48 WFCs statewide. POS involves a triage system at point of entry where Veterans are asked to self-identify and fill out a Veterans Questionnaire. The questionnaire assists any staff at the WFC in identifying Veterans with Significant Barriers to Employment (SBE). These Veterans are referred to a Disabled Veteran Outreach Program Specialist (DVOP) for service, or to the WFC staff qualified to provide case management services when a DVOP is not available.

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Members of DEED’s Veterans Employment Program continue to work with local educators and the Minnesota State College system in an effort to identify military occupations with similar skill sets to those required in the civilian job market. Our goal continues to be to minimize training time to attain civilian credentials or licensure as Service Members return home, and to reduce the time returning Service Members collect unemployment insurance.

DEED and the Veterans Employment Unit have produced and sponsored a Veterans Career Fair since 2006. This effort has become an annual event and now involves staff from almost every work unit in the Department. Planning begins each November for this July event, and is one of the largest single day Veterans Career Fairs in the country. In 2016 this event attracted over 800 Veterans looking for a new or better job, and 242 vendors that included 220 businesses, and several Veterans service providers such as the Minnesota Department of Veteran Affairs, The Veterans Administration, and Minnesota County Veteran Service Officers. HR professionals from several Fortune 500 companies volunteered to work in our on-site “resource room” assisting Veterans with interviewing tips, and resume critique.

DEED Veterans Employment Programs are one of the original “Beyond the Yellow Ribbon” (BYR) partners in Minnesota. A program started by the Minnesota National Guard to provide supportive service information to their returning Soldiers, this program has grown into a US Department of Defense “national model”.

BYR includes a number of events beginning with “Family Readiness Academies”. These academies are conducted before deployment to inform families and communities of available resources while their Service Member is deployed. BYR continues as Soldiers return to the US with “Initial Demobilization” events held at active duty Army bases. These Initial Demobilization events are followed by 30, 60 and 90 day post deployment events here in Minnesota. The final event is conducted at the one-year anniversary of the unit’s return to ensure all Soldiers have successfully reintegrated. Members are now attending these events from other branches such as the Marines, the Navy and the Air National Guard.

Minnesota is also participating in the “Hilton Honors for Veterans” program. This program provides 100,000 Hilton Honors points to qualified job seeking Veterans who need lodging when going on interviews or are looking for work in another area of the state or country. Minnesota was one of the first states to enter into a partner agreement with Hilton to market and facilitate this program for Veterans seeking employment.

Recognizing the need for more focused resources and services for some Veterans, Minnesota currently operates three special (DOL-VETS funded) programs, with dedicated staff to serve these populations. These programs are for Native American Veterans, women Veterans, and for Veterans with criminal records.

MIGRANT AND SEASONAL FARM WORKERS (MSFW)Minnesota has four United States Department of Labor designated “significant” WFCs, which are located in areas with a substantial number of MSFWs during the course of the summer season. Bilingual Migrant Labor Representatives (MLR) are available at these sites to assist farm

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workers find employment by making referrals to employers and providing referrals to local community services providers, including the National Farmworker Jobs Program (NFJP), MET Inc. for education and training.

Current locations in Minnesota are Faribault, Mankato, Rochester, and Willmar. Due to the vast majority of migrant farm workers being Hispanic, all MLRs are proficient in English and Spanish and possess a high level of cultural competency. Statewide recruitment efforts are conducted by DEED’s Office of Diversity and Equal Opportunity (ODEO) in order to maintain compliance with regulatory requirements for the for MLR positions.

Program specific monitoring is conducted by the DEED State Monitor Advocate (SMA), a bilingual/bicultural position that advocates for the improvement and accessibility of quality services provided by DEED and its grantees, which includes WIA/WIOA Title I service providers, to MSFWs. This position oversees the operation of the Employment Services Complaint System and provides mediation services to the MSFW population.

The State Monitor Advocate developed a Workforce System Training/Guide providing services to the Migrant and Seasonal Worker, a general summary of key Wagner-Peyser Act and Workforce Innovation and Opportunity Act federal requirements on services to MSFWs, and a MSFW review checklist, to assist MLRs in efficiently documenting all services provided to MSFWs in our WorkforceOne database.

DISABILITY EMPLOYMENT INITIATIVE The Disability Employment Initiative (DEI) seeks to improve education, training, and employment opportunities and outcomes of youth and adults who are unemployed, underemployed, and/or receiving Social Security disability benefits. DEI is an interagency partnership led by DEED.

All DEI projects currently focus on the following:

Increasing participation in Career Pathway Systems; Developing collaborative partnerships across multiple service delivery systems; Blending and braiding of funds to leverage resources; Providing flexible opportunities to persons with disabilities for training and

employment; and Creating systemic change.

Anoka County is one of the grantees of DEI funds. They have provided a DEI Project Summary and a DEI flyer for interested parties.

MINNESOTA PATHWAYS TO PROSPERITYIt is projected that by 2018, 70 percent of Minnesota jobs will require some education beyond high school. Minnesota Adult Career Pathways is a training, resources and credentialing program, targets educationally unprepared adults to meet the competitive needs of employers and develop careers that lead to economic independence. The program integrates basic skills

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education and career-specific training in fields where new skills are in high demand by teaming Adult Basic Education (ABE) and post-secondary career and technical instruction. This allows students to learn basic academic skills such as literacy and math in the context of their career interests. By starting with basic skills, career pathway programs are able to serve a broader array of individuals and ensure that they have the academic foundation to succeed in a post-secondary setting.

Currently there are 60 Pathways to Prosperity programs throughout the state of Minnesota. Many of the programs seek to assist individuals in securing stackable credentials in order to continue on a career development path for enhanced employment opportunities.

Many of the programs seek to assist individuals in securing stackable credentials in order to continue on a career development path for enhanced employment opportunities.

YOUTH PROGRAMSThe WIA/WIOA Youth ProgramThe Youth Program provides out-of-school youth ages 16-24 and in-school youth ages 14-21 with long-term, year-round employment and training services. Training services include: work-based learning, an introduction to career pathways, attainment of recognized credentials and wrap-around support services. WIA/WIOA Youth eligibility criteria targets 75% of federal dollars to out-of-school youth/dropouts. Participants have access to work experience in high-growth industries along with aid in the form of tuition assistance and transportation.

The Minnesota Youth Program (MYP)

MYP provides contextualized and individualized employment and training services for at-risk youth, ages 14-24. Coordinated by the local Workforce Development Boards/Youth Committees, MYP eligibility criteria is more inclusive than the federal WIA/WIOA Youth Program which targets out of school youth. MYP permits stand-alone summer youth employment (the federal program does not). MYP participants have multiple challenges such as criminal records, mental health issues, cognitive learning limitations, in addition to being poor. MYP funding leverages co-enrollments in MFIP and Vocational Rehabilitation Services (VRS) for teen parents and youth with disabilities. In-School Youth develop work readiness skills and work maturity skills through internships in the public and private sectors. In-School Youth have the opportunity to work with Career Advisors who provide career exploration and career counseling services in partnership with local educational agencies.

Different populations of youth have different needs. Language barriers and cultural differences are factors in designing and providing quality services. The WIA/WIOA Youth Program can provide the skills and knowledge to help youth become leaders in their own communities. WIA/WIOA youth service providers view leadership skills as a valuable workforce skill. Youth Committees often include as members, former participants, and young leaders from low-income backgrounds who rose above challenges. The Minnesota Youth Program report for 2015 is linked.

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Youthbuild

Youthbuild trains and employs young adults, ages 16 to 24, in construction, increasing their job-specific building trade skills, basic skills, and employability skills. Youthbuild targets high school dropouts and at-risk youth. The projects completed by the youth expand affordable housing for needy families. State funding can be used as match to leverage federal Youthbuild funds. Each year the Minnesota Youthbuild Program completes an annual report.

Youth at WorkYouth at Work provides project-based, innovative experiential learning opportunities for low-income youth ages 14-24.The two-year projects target youth from communities of color and youth with disabilities who are underrepresented in the workforce. Project-based instruction introduces and promotes career pathways and skill acquisition (academic and work readiness).

STEP-UP ProgramThe City of Minneapolis’ STEP-UP program was started in 2004. Since its beginning, STEP-UP has provided over 8,000 internship opportunities. STEP-UP places 800 Minneapolis youth (ages 16-21) in a nine week program with top Twin Cities companies, nonprofits and public agencies, providing work readiness training, on the job experience, professional mentors, advanced career opportunities and ongoing support.

DEED participates in the Step-UP jobs program in two ways. First, the City of Minneapolis partnered with DEED and the North and South WFCs where participants were interviewed and matched with the participating non-profit businesses. The WFC team assisted the interns in managing issues related to first work experiences. The WFC team assisted the interns in managing issues related to first work experiences. Many of the STEP-UP interns participated in some of the following events:

Golden Gopher Day at U of M Twin Cities campus Scrubs Camp High Tech Innovation Day Excel training and certification Silicon North Stars U.S. Bank Financial Literacy Day Minnesota Business Venture (MBV) Summer Legal Institute MPRB summer classes- STEM, Life skills and financial literacy Camp Sunrise

Second, DEED uses STEP-IN interns in the summer to give on-the-job experience to youth. In the summer of 2016, DEED sponsored six interns.

Right Track ProgramThe Right Track Program connects St. Paul high school youth to paid summer internships with private, non-profit and public entities. Currently in St. Paul, 24% of the youth are unemployed,

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including a disproportionately high percentage of youth of color. During the summer of 2016, DEED sponsored four interns.

Urban Scholar ProgramThe Urban Scholars program was developed by the City of Minneapolis Civil Rights Department in 2012. Urban Scholars is a twelve-week leadership and professional development internship program which provides undergraduate and graduate students from diverse racial and ethnic backgrounds with distinctive professional experience.

During the course of the twelve week paid internship, Scholars spend four days a week at their respective host sites working on meaningful assignments and projects and one day a week learning and practicing skills in leadership, professional development, small groups, and public speaking. Scholars are also provided with networking advisors and additional opportunities and experiences in the forms of tours, panels and networking events.

The Urban Scholars program not only plays a critical role in providing opportunities for emerging leaders of color to help Minnesota better represent and reflect the constituencies it serves but also functions as a pipeline for the best and brightest undergraduate and graduate students of color into leadership roles in our state's government.

DEED was pleased to participate in this program. This past summer, DEED hired three Urban Scholars for the twelve-week paid internships.

Persons with DisabilitiesAll WFCs are equipped with computer software and equipment to help customers who are blind or visually impaired, deaf or hard of hearing, those with cognitive disabilities, have physical impairments, or any other disability, to access computer programs, websites, printed materials, and workshops.

Since the TTYs are becoming obsolete, customers are also made aware of using Minnesota Relay 7-1-1. The WFCs also have access to speech-to-speech service for people with speech impairments.

Available assistive technology includes:

Closed Caption Decoder-Enabled TV/VCR Job Access with Speech (JAWS) for Windows Pocket Talker Personal Amplifier UBI-DOU

Resource Area staff are trained and certified on the use of the assistive technology equipment. Additional information about programs for people with disabilities is included in Element 5.

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Senior Community Service Employment ProgramThrough the Senior Community Service Employment Program (SCSEP), persons age 55 and older and who meet eligibility guidelines, receive needed on-the-job training and current work experience, prior to transitioning into the private sector.

The SCSEP program fosters economic self-sufficiency through community service activities for unemployed, low-income persons who are 55 years of age and older and have poor employment prospects.

Clients are Minnesotans 55+ years-old, with an income of less than 125 percent of the federal poverty levels, who want or need additional income. Services include work in part-time jobs at senior citizen and day care centers, schools, and hospitals; fire-prevention programs; beautification, conservation, and restoration projects; and programs for people with disabilities. Annual physical examinations, personal and job-related counseling, job training (if necessary), and - in some cases - placement into regular unsubsidized jobs are included. Service providers include five Workforce Service Areas, three community action agencies, three counties, two national sponsors, and one Native American tribe.

The goal of the SCSEP is to provide participants with the training, experience, supportive services, and information they need to improve their lives, gain self-sufficiency, realize their goals, obtain permanent employment, become financially self-sufficient, and meet the needs of the workforce.

SCSEP offers these benefits:

an assessment of the customer’s job aptitudes, job readiness, and job preferences an Individualized Employment Plan (IEP) that the customer develops with a career

counselor, outlining his/her employment goals and the services the customer will get paid on-the-job training in a community service assignment (senior center, school,

library, etc.) for at least 20 hours per week at minimum wage referrals for support services such as food programs, housing assistance, and

transportation confidential annual physical exams (not required for participation in the program, but

available for free if desired) job search training and resume assistance

Recognizing the growing trend of an aging Minnesota population, and the complexity of their needs, a more formalized, easy-accessible information system was developed and implemented. The system is called Senior LinkAge Line which is free, state-wide, telephone information and assistance service which assists older adults and their families in locating community services and resources.

Minnesota WFCs partners with Experience Works, Inc. and Senior Service American, Inc., national, charitable, community-based organizations that helps older adults receive the training they need to find good jobs in their communities. Monthly job clubs are held for participants

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over 55 years of age. Many older workers have not had recent experience in applying for jobs. Instruction in completing electronic job applications and resumes is also provided, as well as networking support.

Displaced Homemaker ProgramThe Minnesota Displaced Homemaker Program (DHP) provides services to displaced homemakers in Minnesota. Displaced homemakers are one of the most difficult to serve populations having little or no employment history outside of the home. DHP’s provide comprehensive pre-employment services that empower participants to enter or re-enter the labor market in order to support themselves and their families after losing their main source of financial support. The Displaced Homemaker Program can co-enroll program participants from the WIA/WIOA adult and Dislocated Worker programs.

The clients are women and men who have worked in the home for a minimum of two years caring for home and family but, due to separation, divorce, death, or disability of spouse or partner, or other loss of financial support, must support themselves and their families. Eligibility is based on income of less than 200 percent of poverty income guidelines.

Six vendors provide program services to 51+ counties. Workshops, support groups and networking, one-to-one personal or vocational counseling, job-seeking and job-keeping methods, leadership development, decision-making skills development, and assistance with developing an action plan are among the resources used to help participants build confidence, identify skills, and seek training or employment. Other services may include referral for remedial education, child care, legal assistance, transportation, work-tool expenses, and other support services. Funding for these services is from fees on marriage license applications and divorce filings.

Women in High-Wage, High Demand Nontraditional Jobs Grant ProgramThis program seeks to increase the number of women in high-wage, high-demand, nontraditional occupations including but not limited to those in the skilled trades, science, technology, engineering, and math (STEM) occupations.

Grant funds serve women, especially low-income women and women over 50 years of age. Services include the recruitment, preparation, placement, and retention of women in registered apprenticeships, secondary or postsecondary education programs, on-the-job training, and permanent employment in high-wage, high-demand, nontraditional occupations; best practices that stimulate interest in these types of occupations among women by way of mentoring, internships, or apprenticeships for women in these occupations and awareness about high-wage, high-demand, nontraditional occupations and related education and training opportunities; training and other staff development for job counselors; incentives for employers and sponsors of registered apprenticeship programs to retain women in high-wage, high-demand, nontraditional occupations.

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This also includes public education, outreach activities, and marketing materials to overcome stereotypes about women and also includes outreach to girls to increase interest in and awareness about opportunities in high-wage, high-demand, nontraditional occupations and to increase access to secondary programming that may lead to those occupations, including: mentoring, internships, or apprenticeships.

UNEMPLOYMENT INSURANCE (UI)The UI Program provides temporary partial wage replacement to workers who become unemployed through no fault of their own. The purpose of the program is to help maintain economic stability within a community.

In 2015, there were 181,203 new applications and reactivations for unemployment insurance benefits. This was a decrease from 189,444 in 2014. In 2015 the Minnesota UI Program paid over 2.6 million weeks of benefits – around $778 million – to more than 166,000 individual applicants.

The Unemployment Insurance Program provides service to applicants and employers through an online Applicant Self-Service System that is available 7 days a week, 24 hours a day. The UI public website provides customers with additional information about the Minnesota UI Program. Customers can also access UI services through an automated phone system. Finally, the UI Customer Service Center is staffed by UI representatives that are available to answer customer questions by phone.

UI ApplicationUI applicants can access information and forms in English, Spanish, Hmong and Somali. If an applicant for benefits is having difficulty completing their application online, he/she can call the Customer Service Center and seek staff assistance.

The UI program also provides employers with extensive information regarding their UI accounts, including the obligation to post the UI poster. The poster is available to employers in English, Spanish, Somali and Hmong.

UI HandbookThe most recent UI Handbook as updated in October 2016 and is available in English, Spanish, Hmong, and Somali. It is mailed out to all applicants for unemployment benefits and is also available online. The UI Handbook directs applicants to contact the DEED Office of Diversity and Equal Opportunity with any complaints of discrimination. The handbook also contains information on data privacy, alternative formats and interpreter services.

UI Customer Service CenterThe UI Program is maintained by two Customer Service Centers (CSC) staffed with more than 106 Operations Analysts who handle UI benefit calls from employers and applicants. In 2015, UI CSC Representatives answered nearly 520,000 phone calls.

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The Minnesota UI Program has services that accommodate the needs of non-English speaking customers who need translation services. The UI automated phone (IVR) offers the caller services in English, Spanish, Hmong or Somali. If the caller needs a language other than one of these, CSC staff can access the AT&T Language Line to obtain a translator. This service allows the UI program to work with customers who speak over 160 different languages.

UI staff are aware of the AT&T Language Line services and how to access them as a result of new employee training and procedures posted on the UI Intranet. An e-learning module about the language line was developed for new employee training and is also available as a refresher for staff.

UI WebsiteThe UI Website is available is available 24 hours a day, seven days a week to provide applicants, employers, and agents with current information about the UI Program and Laws. Information on the site can be accessed in English, Spanish, Hmong and Somali. The links to alternative language information are on the banner on the applicant landing page to make it more accessible. The web site also includes video content for ease of understanding.

Program CorrespondenceUI determinations and appeal correspondence are mailed and include a multi-language Notice which states the following in seven languages (including English): “These documents are important. If you need help, call Customer Service at the phone numbers listed below. If you need a language other than English, tell the representative and an interpreter will be provided.”

The languages included on the Notice are: Lao, Vietnamese, Spanish, Hmong, Somali, Khmer, and English. The Notice is printed on a salmon colored paper to draw the attention of the reader.

The CSC also has TTY services available for the deaf and hard of hearing. The toll-free TTY number is 1-866-814-1252. The incoming TTY caller is connected to the UI telephone system through NexTalk. This system has been incorporated into the TTY telephone service since 2006. It provides a seamless connection for TTY callers, as the TTY call is directed to designated Call Center staff computers and not a TTY. If applicants need general assistance, they can reach UI through email, telephone, TTY, Minnesota Relay, fax, or mail.

The Reemployment and Eligibility Assessment (REA) InitiativeThe REA program within UI is designed to ensure that 1) UI applicants are meeting the eligibility provisions of state laws and 2) are exposed to reemployment services, including job search assistance and placement services, so they may return to employment as quickly as possible. From a broader perspective, the REA program promotes the stability of the UI Trust Fund by encouraging reemployment and reducing the UI costs for employers. Participants in REA are scheduled to meet with UI staff to review their eligibility for UI, provide labor market information, develop an individual reemployment plan, and referrals to reemployment services.

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In Minnesota, 31 UI Staff working in the Reemployment Eligibility Assessment (REA) program are located throughout the state in 48 Workforce Centers. The staff includes diversity of gender, age, race, and ethnicity, as well as4 U.S. military veterans.

The REA staff has access to in-person translation services in all locations. There were 74 on-site interpretations in 2015. The primary languages translated were Spanish, Somali, Hmong, and American Sign Language. Additional translations were provided by one Somali-speaking REA staff who worked with applicants directly.

The U.S. Department of Labor contracted with Minnesota to schedule at least 29,000 applicants throughout the state to attend an REA session at their local WFC in 2015. By the end of December, that goal was exceeded with 37,246 applicants scheduled for a session.

UI Appeals ProcessThe Minnesota Unemployment Insurance Law provides an opportunity for a fair and impartial hearing to any party who disagrees with a determination of benefits issued by the Minnesota Unemployment Insurance (UI) Program.

The Appeal Hearing Guide explains how the appeal hearing process works. Appeals must be filed electronically, mailed, or faxed within the timeframe specified on the determination being appealed. Instructions for filing an appeal are printed on all determinations. An appeal submitted online or by fax is not considered filed until the department actually receives it. When an appeal is filed, a hearing with an Unemployment Law Judge is scheduled. Appeal hearings are conducted by phone.

About 16,083 full, due process, appeal hearings were held in 2015. Hearings would typically include an applicant and employer as the primary parties and any number of witnesses and representatives. For 2015, the total number of parties that took part in hearings was 46,441. Of those, slightly over 98% spoke English and required no translation services. Translation services were obtained for 775 parties representing 27 non-English languages. 41% (319 individuals) of the 775 non-English speakers required a Somali translator, 29% (223 individuals) required a Spanish translator. Following are the languages that requires 10 or more translators: Vietnamese (29), Hmong (26), Laotian (20), Tigrinya (19), Arabic (18), ASL (18), Oromo (18), Amharic (15), Nuer (11), and Burmese (10).

The State monitors and evaluates the success of recipient efforts to broaden the composition of those considered for participation and employment in their programs and activities, as previously described above.

TRAINING AND EDUCATIONDEED communicates the obligation of recipients to make efforts to broaden the composition of their participants and employees through various training initiatives. Examples of recent DEED initiated or sponsored training includes:

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Diversity Spotlight SeriesBeginning in May of 2016, ODEO hosted and will continue to host a monthly training on a variety of diversity topics that directly affect how we treat employees in the workplace and how we serve our customers through our programs. Diversity sessions are designed to increase knowledge around various diversity topics. These trainings are done as part of the Governor’s and DEED’s initiative to create a more diverse and inclusive workforce. Sessions are open to any and all employees. Trainings are presented in a large training room and broadcast to employees via WebEx to reach the greatest number of employees possible. Additionally, session materials are posted on the ODEO’s website for anyone who was unable to attend.

Examples of past sessions/presenters include:

Minnesota Council on American Islamic Relations presenting on Effectively Working with Muslim Coworkers and Clients

OutFront Minnesota presenting on LGBTQ Inclusivity in the Workplace ; National Alliance on Mental Illness presenting on Mental Health in the Workplace; and Dr. Antony Stately presenting on Historical Trauma and the Legacies that Oppress Us.

Additional TrainingsExamples of training that was provided to DEED and partner employees in the WFC include:

Scattered Pieces: Helping the Hardest to Serve More Than Customer Service, Part One Immigrants and Refugees: Inclusion, Resources and Assistance

WorkForce Center Reception and Resource Area Certification Program (RRACP)Resource Areas represent the core of Minnesota’s WFC services providing job search, career planning, and training resources to job seekers, students, veterans and employers. DEED developed RRACP in order to train reception and resource area staff at WFCs (both DEED employees and partner staff) in a baseline of Workforce Development competencies, knowledge, skills, and abilities required to effectively serve all WFC customers, in a consistent manner.

RRACP training module 1 and training module 2 are delivered via webinars, e-learning courses and classroom training. The training topics include: understanding the WorkForce System programs and applications, customer service protocol, population awareness, and EO policy and procedure including the complaint process. This module includes information on customer support, the career planning process, and the job search process. The goal is to ensure these services delivered are standardized and consistent throughout the state. An individual’s certification is valid for three years. Recertification is based on the number of continuing education units (CEUs) maintained.

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The Resource and Reception Area Program is currently undergoing updates which include the elements of WIA/WIOA laws in addition to considerations of a self-service model that is being implemented by some WorkForce Centers (WFCs).

WorkForce Center Code of Conduct DEED created a Customer Code of Conduct and an Employee Code of Conduct for use in the WorkForce Center (WFC) Resource Areas. These documents are found at the end of the Minnesota WorkForce Center Code of Conduct Policy. This policy and these documents were developed because staff asked for guidance in determining what behaviors were and were not acceptable in the resource area. The documents are available in Spanish and Somali.

The Customer Code of Conduct sets clear expectations so customers know what they can and cannot do in the resource are. If a customer violates the code, staff may respectfully enforce the policy. In return, the Employee Code of Conduct informs customers what behavior they can expect from WFC staff. Most importantly, both the Customer Code of Conduct and the Employee Code of Conduct work hand in hand to provide all customers with an equitable experience. The code provides standardized expectations of how DEED will serve customers and how we expect customers to act in Minnesota WFCs regardless of which location they visit. This includes treating customers consistently and fairly based upon the customer’s circumstances and service needs.

STATE AGENCY PARTNERSHIPSMN/DOT-DEED Highway Heavy Construction Training Partnership (HHCT)DEED delivered its fifth year of diversity-targeted pre-apprentice highway construction training to women and minorities in the Twin Cities. Minnesota Department of Transportation has identified the MnDOT-DEED-HHCT program to be the best-designed most productive and cost effective program at getting women and minorities trained and employed.

In program years 2011 through 2015 training components were delivered to over 125 graduates. Sixty percent of the graduates secured construction related employment offering average wages over $20 per hour.

MN/DOT-DEED 35W/Lake Street Reconstruction PartnershipDEED entered into an inter-agency agreement and partnership with MNDOT to deliver diversity-targeted employment recruitment, training and placement services specific to the forthcoming $265M 35W-Lake Street Reconstruction Project and the proposed $12M Lake Street Station Build. DEED will direct the project’s recruitment of underrepresented minorities and women for highway construction employment.

Community partners include Disadvantaged Business Enterprises, Community Based Organizations, construction contractors, union/trades representatives, and other community entities will be contributing vital talents and resources to the project.

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DOC/DEED High Risk Recidivism Reduction (HRRR) Partnership Expansion Based at the new North Minneapolis (800 Broadway) and the Ramsey County-St Paul WFCs, the new HRRR initiative focuses on providing intensified recidivism-reducing case management, education/training and employment development services for people determined as “at risk” of returning to incarceration. With the contributions of experienced community agencies in delivering life skills, housing access and mentoring components, DEED will provide employment seeking resources and employment development professionals to facilitate participants toward gainful long-term employment. DEED will also be responsible for location management and strategic coordination of services at the two Hub sites.

The Alliance for Cooperation and Collaboration in Employment and State Services (ACCESS) ACCESS is a network of State agency level Equal Opportunity and Affirmative Action Officers who meet on a monthly basis. The purpose of the ACCESS is to create and maintain a statewide diversity/affirmative action system designed to ensure that diversity, equal opportunity and affirmative action best practices are designed and implemented to achieve the goal of attracting, recruiting, hiring, developing, and retaining a diverse workforce that is truly representative of Minnesota’s diversity.

The ACCESS group is committed to identifying, developing, implementing, and evaluating the effectiveness of strategies to create and maintain a diverse workforce for the State of Minnesota.

The Minnesota Community Advisors on Recruitment and Retention Solution (MnCARRS) MnCARRS is a partnership between agencies within the State of Minnesota and leaders of organizations representing minority communities, women, veterans, and people with disabilities. The mission of MnCARRS is to partner with organizations representing minority communities, women, veterans, and people with disabilities to recruit and hire qualified, diverse candidates for current job openings at the State of Minnesota.

MnCARRS partners serve as recruiters and credible voices within their communities to promote the State of Minnesota as an employer of choice. In return, the State provides advance communication of employment opportunities, improved communications about the State’s employment processes, and assistance with mock interviews and training to improve candidate’s performance in the hiring process.

Additionally, State agencies and MnCARRS partners participate in partner-sponsored career fairs, community outreach events, job information sessions, training sessions, resource sharing, and more.

Currently, MnCARRS is co-chaired by DEED and the Minnesota Department of Human Services (DHS). MnCARRS partners meet on a quarterly basis (4x per year) at a rotating location in the Twin Cities. Partner Organizations include: ACCESS Press, African Economic Development Solutions, American Indian Family Center, American Indian OIC, Century College, Chicano Latino Affairs Council, Comunidades Latinas Unidas En Servicio, Council on Asian Pacific Minnesotans,

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Council on Black Minnesotans, Cultural Connections, Dakota County Technical College, East Side Neighborhood Services, Goodwill-Easter Seals of Minnesota, HIRED Minneapolis, Hmong American Partnership, Insight news, Latino Economic Development Center, Lifetrack, Lukeworks, Merrick Community Services, Minneapolis Urban League, Minnesota Indian Affairs Council, MN Department of Administration, MN Department of Corrections, MN Management & Budget, MN Department of Education, MN Department of Employment and Economic Development, MN Department of Health, MN Department of Human Services, MN Department of Natural Resources, MN Department of Revenue, MN Department of Transportation, MN Department of Public Safety, MN Department of Veterans Affairs, MN Information Technology (MN.IT) Services, MN State Colleges & Universities, MN State Legislature, MN Zoo, Ramsey County Workforce Solutions, Resource MN, Minnesota Spokesman-Recorder, St. Stephen’s Human Services, Summit Academy OIC, U.S. Department of Veterans Affairs, YWCA of St. Paul.

ONLINE DATA TOOLS, WEBSITES, AND RESOURCESDEED’s External WebsiteDEED administers more than 50 programs, handling everything from veterans’ issues to employment data to services for people with disabilities. The Minnesota Trade Office, Unemployment Insurance Program, Minnesota WFCs (One-Stops), Veterans Services, State Services for the Blind, Vocational Rehabilitation Services, and Community and Business Development all fall under the umbrella of DEED.

Available on DEED’s website is a form entitled Minnesota E-Government Accessibility/Usability Compliments and Concerns Line that encourages the public to report any problems with accessibility or usability of DEED’s or any other Minnesota state government websites or software. Staff from DEED’s Communications Division and Minnesota’s State Services for the Blind, monitor the concerns and provide any necessary feedback.

Reception and Resource Area Forum (RRAF)The RRAF website was developed to maintain information from content experts in the field. Former RAAT members and the Reception and Resource Area Certification Program (RRACP) were combined to build a member platform called Reception and Resource Area Functions (RRAF). The site is dedicated to building capacity within the WFC System through sharing of expertise, resources, information, trends, updates, and training related to the Reception and Resource Area functions. Focus areas include:

Job Searching; Career Planning; Customer Service/Continuous Improvement Efforts; Workforce Challenges and Opportunities; Diversity and Multicultural Issues; Training Opportunities; WFC/Resource Area Resources and Updates; and Discussions on Various Topics.

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RRAF team members collaborate on the following:

Making recommendations on policy; Sharing best practices and insights into service gaps; and Informing managers and staff on current issues within the WFC system

Members provide input, participate in surveys, share best practices, and engage in discussions as well as find guidance and support from each other. Visitors can browse the site for project updates and find helpful resources which are related to workforce development, job seeking, and career planning efforts.

CybrarianDEED’s new software, called Cybrarian, recently replaced the Customer Registration System (CRS) software. Cybrarian was decided on because our current system, CRS, contained security flaws because of the age of the software’s infrastructure. Cybrarian continues the function of the CRS system. Cybrarian gives DEED monitors, state and local Equal Opportunity (EO) Officers, and local administrators the ability to run reports on customer activity, customer co-involvement with other programs and services based on demographic information. Demographic information DEED collects includes gender, age, race/ethnicity, and disability (if provided). The new Cybrarian system generates the same reports as the CRS system did.

A copy of a CRS-Cybrarian Demographics report is included. This data are the numbers of individuals who used our Resource Area computers in the WFCs.

The demographic information is used to determine utilization, discover if any significant differences exist, and determine outreach needs. From January 1, 2015 to December 31, 2015 there were 359,458 CRS-Cybrarian logins statewide including duplicate customer accounts. During the same time period there were 65,008 customers attending workshops.

MinnesotaWorks.netMinnesotaWorks.net is the state’s online labor exchange system where job seekers can look for work and post resumes, and employers can search for applicants and post jobs. During the 2015 calendar year, 1,936 new employer accounts were added along with 79,327 new job seeker accounts. There were a total of 508,323 job seeker accounts and 91,109 employer accounts. Racial/ethnicity demographics for customers of MinnesotaWorks.net in 2015 were 78% White, 14% African American/Black, 4% American Indian, 4% Asian, and 5% Hispanic. Employers posted a record 801,397 job openings in 2015. MinnesotaWorks.net is monitored to ensure employers post job openings that meet equal opportunity standards.

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Element 5 –Section 504 Compliance

PURPOSE

The state will address how it and its recipients comply with and will continue to comply with the disability related requirements of WIA and its implementing regulations.

NARRATIVE

Describe how the State ensures that recipients meet their obligation not to discriminate on the basis of disability:DEED meets its ongoing obligation not to discriminate on the basis of disability by developing system wide policy and procedure initiatives that address the integration of program participants and employees with disabilities. Program services are routinely monitored and updated to ensure inclusion. Outlined below are the system components that form the building blocks to ensure nondiscrimination:

PLANS & POLICIES1) Minnesota’s Combined State Plan for WIOA

Minnesota’s Combined State Plan for WIOA represents the partnership and coordination efforts of the WorkForce Development System. Emphasis on inclusion of individuals with disabilities is recognized throughout all program areas and not just through the provision of rehabilitation services. The Combined Plan includes as a condition of financial assistance assurance language that the recipient will comply with WIA/WIOA Section 188 and Section 504 of the Rehabilitation Act.

2) WIA/WIOA Equal Opportunity Policy & Policy Manual

The WIA/WIOA Equal Opportunity Policy Manual developed by the Office of Diversity and Equal Opportunity (ODEO), provides the administrative oversight for equal opportunity and non-discrimination policy and procedure matters under WIA.

The policy states: DEED will monitor the location for compliance with all related laws and policies, with a special emphasis on assuring that the location is universally accessible to all populations.

DEED must ensure that all services are compliant with applicable laws, regulations and policies may withhold certification and/or funding from a location that does not meet the criteria established in this and related policies and laws.

3) Olmstead Plan

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Minnesota’s Olmstead Plan is a broad series of key activities our state must accomplish to ensure people with disabilities are living, learning, working, and enjoying life in the most integrated setting. A combined effort of several key state agencies to include DEED-VRS and DEED-SSB, the Plan will help achieve a better Minnesota for all Minnesotans, because it will help Minnesotans with disabilities have the opportunity, both now and in the future to:

• Live close to their family and friends• Live more independently• Engage in productive employment• Participate in community life.

On September 29, 2015, the Court approved Minnesota’s August 2015 Olmstead Plan stating:

The Court applauds the parties for their collaboration in developing this landmark Olmstead Plan. Simply put, this revision of the Olmstead Plan is unlike any other version submitted to the Court. The Court fully expects the State to act on its promises to ensure that the Olmstead Plan will truly put the promise of Olmstead into practice across the state.

In short, it will offer Minnesotans with disabilities opportunities just like everyone else. For more information, visit the Olmstead Plan webpage.

EO MONITORINGThe monitoring process is described in depth in Element 7 of this plan and identifies system accountability measures to ensure compliance with access standards. Monitoring occurs via a desk audit and and/or an on-site review. Desk audits includes an assessment of physical and programmatic accessibility and identification of potential issues or needs for technical assistance. The on-site review includes a verification of the availability of assistive technology computer; the placement of posters identifying the assistive technology available in the WorkForce Center; and, the ability of service providers to provide reasonable accommodations for program participants or to serve the universal customer.

TRAINING Reasonable Accommodation TrainingAdditionally, DEED conducts training on inclusion of individuals with disabilities and providing reasonable accommodations. In 2015 and 2016, DEED conducted nine sessions of a three-hour Reasonable Accommodation workshops specifically for managers and supervisors. While these workshops focused heavily on Title I Accommodations, the training also alerted managers and supervisors that Title II required us to similarly accommodate our customers within programs and services. Additionally, staff attended a tour of State Services for the Blind and viewed assistive technology that was available for use with employees and customers.

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Diversity Spotlight SeriesOver the past year, DEED-ODEO began conducting training on various diversity topics once a month available to all staff through the Diversity Spotlight Series. The intention of the Diversity Spotlight series is to raise awareness and educate staff on various cultures and disability topics in an effort to be able to better work with employees and effectively serve clients with differing backgrounds, skills, and abilities. Topics specific to disabilities have included: Autism Awareness and Support; Mental Health in the Workplace; and Self-Care Workshop to Manage Stress.

Document and Website Accessibility TrainingDEED took great efforts in 2015 to ensure that all documents pertaining to public services were accessible. Additionally, DEED trained staff on document accessibility in Microsoft Word, Excel, PowerPoint and Adobe Pro.

On May 19, 2016, DEED-ODEO in collaboration with Minnesota Information Technology Services (MNIT) hosted a Global Accessibility Awareness Day and provided document accessibility resources to all of our workforce centers across the state and developed an online toolbox for sites to hold their own accessibility awareness events. DEED’s Central Office in Saint Paul held an expo for employees to come in and learn about various types of assistive technology and to experience for themselves what it might be like to have low vision or use technology to communicate in person.

Assistive Technology TrainingDEED collaborates with System of Technology to Achieve Results (STAR) program, located within the Minnesota Department of Administration. STAR’s mission is to help all Minnesotans with disabilities gain access to and acquire the assistive technology they need to live, learn, work and play. DEED and STAR have provided in-person and webinar based training to WFC staff. This results in staff being more comfortable using assistive technology and being aware of a resource to refer customers who may need help with assistive technology.

The Reception and Resource Area Certification Program (RRACP) devotes one of the units in Module 1 to Assistive Technology (AT) Equipment. The unit includes the expectation of Resource Area staff to be knowledgeable about and able to troubleshoot the AT equipment. Staff is encouraged to use the equipment to become comfortable with what is available in their WorkForce Center. The unit gives staff in-depth information on being aware of customer needs, the available equipment, and includes additional resources they may find helpful.

Disability Training and Assistance for BusinessesDEED has Regional Disability Employment Specialists who work with businesses to help recruit, hire and retain employees with disabilities, as well as provide resources and strategic alliances. The DEED website identifies and provides resources and tools that encourage businesses to employ people who have disabilities. The specialists have put together material available to business, employees and the public on disability employment.

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Describe how the state provides reasonable accommodations for individuals with disabilities

ADA REASONABLE ACCOMMODATION POLICIESAll new employees are required to attend New Employee Orientation training sessions where DEED’s Reasonable Accommodation Policy is introduced. Recently, a Statewide ADA Reasonable Accommodation Policy was introduced for all state agencies. DEED has adopted this policy. The policy states:

The Minnesota Department of Employment and Economic Development (DEED) must comply with all state and federal laws that prohibit discrimination against qualified individuals with disabilities in all employment practices. DEED must provide reasonable accommodations to qualified applicants and employees with disabilities unless to do so would cause an undue hardship or pose a direct threat. DEED will provide reasonable accommodation when:

• A qualified applicant with a disability needs an accommodation to have an equal opportunity to compete for a job;• A qualified employee with a disability needs an accommodation to perform the essential functions of the employee’s job; and • A qualified employee with a disability needs an accommodation to enjoy equal access to benefits and privileges of employment (e.g. trainings, office sponsored events).

An ADA Notice to the Public is required to be placed prominently in all WFCs. The poster is updated as needed and distributed with other state and federal required posters. There is an ADA Notice to the Public template for our grantees also. The ADA Public Notice informs individuals of the right to request accommodation and provides contact information. During WFCs Equal Opportunity monitoring, staff monitor for postings of the ADA Public Notice poster, the WIA/WIOA Public Notice, and all required state and federal required employment and program posters.

Recently, the State of Minnesota issued a statewide Title II ADA Notice of Rights and Grievance Procedure to ensure all state agencies were consistently implementing Title II. While DEED already provides ADA Notice to the Public, DEED will adopt this statewide version and will provide in depth training on Title II and the grievance procedure over the next year in 2017.

ADA COORDINATOREach Minnesota executive branch agency is required to appoint an ADA Coordinator whose responsibility is to direct and coordinate agency compliance with Titles I and II of the ADA. The DEED ADA Coordinator, Karen Lilledahl, is an Equal Opportunity Officer. As needed, the ADA Coordinator helps facilitate the accommodation process and reviews all accommodations provided for DEED employees.

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EO MONITORINGAs previous mentioned, ODEO conducts EO monitoring of sites in partnership with EO Officers in the field to ensure that both program and architectural accessibility as well as employment practices are in compliance with civil rights and nondiscrimination laws. See Element 7 for more detail.

CONNECT 700 (NONCOMPETITIVE HIRING AUTHORITY) The State of Minnesota aspires to be a leader in employing individuals with disabilities. For some individuals with disabilities, traditional interviewing, assessment, selection, and testing methods may not accurately measure their skills and abilities to perform the required job responsibilities. On October 24, 2016, Governor Dayton launched Connect 700 which provides another path to a state job for people with certain disabilities.

Connect 700 is a noncompetitive hiring authority and allows eligible individuals with disabilities the opportunity to demonstrate their ability to perform a specific position through a pre-probationary trial work program of up to 700 hours on the job.

Provide reasonable modification of policies, practices and procedures as required.

PLANS & POLICIES DEED provides specific policy and procedures regarding program modifications in order to enable participation of individuals with disabilities. through use of the WIA/WIOA Equal Opportunity Policy Manual, the Multi-Program Administrative Requirements, the Regional and Local Workforce Development Area (LWDA) guidance , and the Minnesota’s Combined State Plan for WIOA

TECHNICAL ASSISTANCEODEO provides technical expertise regarding inclusion of and usability of Resource Area services by individuals with disabilities. ODEO is responsible for distributing the ADA Public Notice and maintaining DEED’s Non-Discrimination and Reasonable Accommodation Policies. The ODEO Director coordinates DEED compliance with Titles I and II of the ADA and continues to work with agency partners on effective implementation methods.

EO ASSURANCESDEED equal opportunity monitors include a review of the assurances from the WDA that they or any recipient provide reasonable accommodations such as Braille, language interpreters, sign language interpreters, and reasonable accommodations or modifications to programs. Staff at the WFCs have been trained on how to implement accommodations as requested by the participant.

ADA TAGLINESThe WFC System sponsors a variety of workshops or services focused on job seeking efforts. The participants can register online for the workshops. All communications to participants or members of the public are required to have ADA taglines where DEED or a recipient is hosting

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an event, the required tagline is: “Individuals with disabilities in need of accommodations should contact [contact name] at [phone number and/or email] by [date].” These notices are sent out via DEED’s Gov Delivery system. Notices sent from other recipients are monitored where possible as well and recipients are informed that they are not in compliance and asked to add ADA taglines where necessary.

Additionally, publications are required to have an alternative formats tagline on it. For example, “This document can be made available in alternative formats by contacting [contact information].”

VETERANS WITH DISABILITIESDisabled Veterans Outreach Program Specialists (DVOPS) provide intensive case managed services designed to assist Veterans with the development of job search strategy. The DVOPS provide one-to-one guidance on various aspects of job search.

Current or former Military members receive priority services in all Minnesota WFCs across the state. Veterans can access the DEED website to learn about services for Disabled Veterans and the location of DVOPS.

Provide architectural accessibility for individuals with disabilities The WFC System provides integrated program services through the development and maintenance of an accessible environment. All facilities open to the public as well as administrative offices must be accessible to and useable by the broadest population. All partners are covered by Title II of the ADA and the equal opportunity and nondiscrimination elements of Section 188 of WIA/WIOA and, therefore, are subject to the same set of standards.

It is the responsibility of DEED and its partners to choose sites that are accessible and usable by the broadest population. DEED, as the designated state agency for WIA/WIOA implementation, is responsible for oversight and implementation of access standards regardless of the WIA/WIOA entity that holds the lease.

BUILDING ACCESS SURVEYThe Building Access Survey is a tool developed by the Minnesota State Council on Disability that is a comprehensive review of a building site including all components both exterior and interior. The Survey incorporates both the Minnesota Building Code and the ANSI Code in its standards. The Survey categorizes the site features. All aspects of a building site are identified including parking, pathways and entrance, common elements of the building, accessible route and features specific to a WFC. The tool is available online and provided to site managers prior to a review.

SITE CERTIFICATIONSDEED developed a review schedule for all WFCs. Site visits for recertification of the 48 WFCs are scheduled on a three-year cycle. WFCs that are newly developed, remodeled or relocated are

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included in the review and are prioritized. There is generally an eighteen-month lead time on remodeling or relocation.

Two recent site reviews are attached for the Virginia WFC (2015) and the Mora WFC (2016). The Virginia site report is a full site certification looking at the all Programmatic and Architectural aspects of the WFC. The Mora site review was a request from State Services for the Blind to review the WFC to best serve our consumers who have low vision or are blind. The recommendations of the Mora site review by State Services for the Blind will be used in upcoming site reviews.

EO AND ACCESSIBILITY SELF-ASSESSMENT TOOLDEED developed an Equal Opportunity and Accessibility Assessment to ensure ADA Architectural and programmatic accessibility at our grant-funded non WIA/WIOA employment and training programs that are not located at our WFCs. Every grant applicant must complete the assessment during the first three months of the grant period. Technical assistance is available by a member of the ODEO team.

ODEO and the Facilities Coordinators work together to provide oversight and consistency to the site selection and review process. All site assessments, pending issues, and lease renewal benchmarks are managed by the Facilities Coordinator. Access issues are identified and resolved through a collaborative effort between ODEO and the Facilities Coordinator. WFCs must meet all established access standards before they are certified.

Provide programmatic accessibility for persons with disabilitiesDEED has developed a variety of methods to ensure that its programs and activities are universally accessible to people with disabilities. They include:

TECHNOLOGY STANDARDSTechnology standards have been developed for all WFCs. Assistive technology available in the WFCs includes Pocket Talker, Zoom Text, Jaws, TV/VCR with built-in captioning decoder, Optelec CCTV (in selected sites), large screen monitor, and UbiDuo. Each WFC has an accessible computer station that includes software and hardware that provides access enhancements. As Resource Area equipment is updated, the access stations also receive updated hardware and software as well as larger workstations and monitors.

EFFECTIVE COMMUNICATION Public entities are required to ensure that applicants, participants and members of the public with disabilities have communication access that is equally as effective as that provided to people without disabilities. Since the majority of information in today’s environment is available primarily through electronic means, DEED’s public website provides program and customer information in a user-friendly venue. Sample pages from the DEED home page “contact us” link illustrate how individuals can contact any of our programs by using a TTY number or Minnesota Relay.

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MN.IT provides services and technical support to the State of Minnesota executive branch.

During on-site equal opportunity monitoring visits, DEED monitors review Section 504 requirements, including

That communication with those who have limited English speaking proficiency is as effective as communications with others;

What auxiliary aids or services are available and does staff know how to use them; What telecommunication devices are available for communicating with the deaf or hard

of hearing; That required signs are visible to the public indicating a TTY and auxiliary aids are

available; The Access for Everyone poster identifies the assistive technology available in the WFC.

The poster is placed near the lobby entrance.

ADDITIONAL EFFECTIVE COMMUNICATION INITIATIVES DEED has a resource library available to employees, WFC staff, economic developers, legislators, other public employees, and the public. The library offers one-on-one research and reference services, and hundreds of specialized fee-based databases. Information can be gathered from such publications as Journal of Rehabilitation, Assistive Technology, Journal of Applied Rehabilitation Counseling, Workforce Management, and Journal of Disability Policy Studies. This is an excellent means to stay abreast of current topics concerning disability. DEED’s Library also sends alerts to the State Services for the Blind (SSB) and Vocational Rehab Services (VRS) staff located in WFCs.

The DEED Communication, Analysis and Research Division (CARD) is responsible for oversight, development, and maintenance of communication standards within DEED.

EXECUTIVE ORDER 14-14On August 4, 2014, Governor Dayton signed Executive Order 14-14 which requires State Agencies to meet a 7% goal for people with disabilities in its stat workforce across all job categories. The Executive Order also called for the State to:

1) Ensure its hiring tools and applications are accessible; 2) To reinvigorate and promote the Supported Worker and Connect 700 (700 hour on

the job demonstration process) programs; 3) Develop online tools and resources; 4) Develop a dashboard and report progress to the Governor’s Office on a Quarterly

basis; and 5) Consult with the disability agency partners in their ongoing efforts and revise where

necessary.

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MINNESOTA CAREERS SITE The Minnesota Careers Site was revamped and implemented in 2015 in collaboration with the Disability Agency Forum and community partners involved in MnCARRS. It streamlined hiring information and made it easier for applicants to find help or accommodations to the job application and interview process. A page on the careers site for individuals with disabilities was created so that individuals could easily find and access this information.

Provide for and adhere to a schedule to evaluate job qualifications to ensure that the qualifications do not discriminate on the basis of disability. Limit pre-employment/employment medical inquiries to those permitted by and in accordance with WIA/WIOA section 188, Section 504, the Americans with Disabilities Act of 1990, and their implementing regulations. Ensure the confidentiality of medical information provided by registrants, applicants, eligible applicants/registrants, participants, employees, and applicants for employment.

JOB QUALIFICATIONS AND POSITIONS DESCRIPTIONSThe DEED Policy and Procedure Manual (PPM), Chapter 408, Position Descriptions, provides that “each DEED employee must have a position description that accurately describes current responsibilities/functions of the position and identifies essential functions of the job.” Essential functions must be confirmed or re-established regularly. The policy continues:

Supervisors must identify the essential functions of the job when creating or revising a position description. This will help determine whether a person is qualified and/or needs assistance in any reasonable accommodation process.

The policy recommends:

Supervisors should focus on the purpose of the function and the result to be accomplished, rather than the manner in which the function is presently performed.

CONFIDENTIALITY OF MEDICAL INFORMATIONThe Reasonable Accommodation policy states:

Medical information obtained in connection with such requests is collected and maintained on separate forms and in separate physical or electronic files from non-medical personnel files and records. Electronic copies of medical information obtained in connection with the reasonable accommodation process is stored so that access is limited to only the agency ADA Coordinator. Physical copies of such medical information is stored in a locked cabinet or office when not in use or unattended. Generally, medical documentation obtained in connection with the reasonable accommodation process should only be reviewed by the ADA Coordinator.

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DEED’s Pre-hire Review Process requires a review of the hiring process by the Office of Diversity and Equal Opportunity (ODEO) before a job offer is made. ODEO identifies underutilized protected groups, on a quarterly basis, and works with the human resources staff and hiring supervisors to promote recruitment efforts to underutilized groups, including applicants with disabilities.

UNEMPLOYMENT INSURANCEThe Unemployment Insurance (UI) Program provides temporary benefits to qualified persons out of work through no fault of their own. The purpose of the program is to help maintain the economic stability within a community.

The UI implementation of Section 188 of WIA/WIOA has been discussed in Element 4 and includes publication of TTY contact information on all print material and web pages. UI call center employees have access to a procedure to follow for Deaf, Hard of hearing, or Speech-Impaired Applicants.

UI APPEALSThe Minnesota Unemployment Insurance law provides an opportunity for a fair and impartial hearing to any party who disagrees with a determination issued by the Minnesota Unemployment Insurance (UI) Program.

DEED provides data to the Department of Labor for the Characteristics of the Insured Unemployed report. This report, called the ETA 203, is a monthly snapshot of the demographic composition of the claimant population. The report is based on those individuals who file a claim in the week containing the 19th day of the month, which reflects unemployment during the week containing the 12th day of the month. This report serves a variety of socio-economic needs because it provides aggregate data reflecting unemployment insurance claimants’ sex, race/ethnic group, and age. A copy of the ETA 203 report shows the demographic information for Minnesota.

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Element 6 – Data and Information Collection and Maintenance

PURPOSE

To address how the State and its recipients are complying and will continue to comply with the data, information collection, and maintenance requirements for its Workforce Investment Act and Workforce Innovation and Opportunity Act (WIA/WIOA) programs.

NARRATIVE

What are a Governor’s oversight responsibilities regarding recipients’ record keeping? The State must ensure that a data and information collection and maintenance system for its WIA/WIOA Title I-financially assisted State programs is established and maintained. The State must collect data and maintain records to determine whether the recipient has complied or is complying with the nondiscrimination and equal opportunity provisions of section 188 of WIA/WIOA.

DEED relies on data to operate its programs and provide services. The public has a right to know about DEED activities and to protect their own individual privacy. Federal and state data practices laws and rules balance these rights and responsibilities. Compliance with federal and state laws, including the Minnesota Government Data Practices Act, which govern the protection of private data on individuals is and remains a priority for DEED.

The WIA/WIOA Equal Opportunity Policy Manual - Chapter 6.0: Data Management , states that the State of Minnesota and DEED use the Department of Labor approved data management and data collection techniques. DEED does this through the DEED’s Workforce One (WF1) management information system. WF1 data allows DEED to conduct statistical/quantifiable data analysis and ensure that recipients are able to provide data and reports in a manner prescribed by the Director.

The State of Minnesota maintains records on those individuals who utilize its services. Such records include, but are not limited to the quality and quantity of services provided to applicants, registrants, eligible applicants/registrants, participants, employees, and applicants for employment. DEED has in place its own data practices policy to ensure that data is collected and maintained in a confidential manner. WIA/WIOA Equal Opportunity Policy Manual, Chapter 6.1, Data Practices states:

The data collection system that is used must, at a minimum, collect and maintain information on the quality and quantity of services provided to: applicants, registrants, eligible applicants/registrants, participants, employees, and applicants for employment… the system must record demographic information… where known. The

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data must be collected and maintained in a system that allows for statistical/quantifiable analysis of the recipient’s compliance with WIA equal opportunity policy.

How do recipients collect, maintain records, and record the race/ethnicity, sex, age, and disability status on each applicant, registrant, eligible applicant/registrant, participant, terminee, employee and applicant for employment? What processes do the recipients have in place to transmit WIA/WIOA Title IB to the State in accordance with set timetables?

COLLECTING DEMOGRAPHIC DATAEach recipient must record demographic information, including race/ethnicity, sex, age, and disability status, where known of every applicant, eligible applicant/registrant, participant, applicant for employment, and employee. The information must be stored in a manner that ensures confidentiality and must be used only for the purposes of recordkeeping and reporting, determining eligibility, where appropriate, for WIA/WIOA funded program activities; determining the extent to which the recipient is operating its WIA/WIOA funded program or activity in a nondiscriminatory manner; or other use authorized by law. The information is submitted to the Director upon request.

The Minnesota Department of Employment and Economic Development (DEED) maintains two customer tracking systems for program participants and employers who participate in Workforce Opportunity and Innovation Act (WIOA) programs, the state’s labor exchange, and other state-funded workforce training programs.

Workforce One (WF1) is a web based client management application used by 2,000 state, city, ‐county, and non profit employees to track employment and training services to more than ‐100,000 customers across Minnesota’s counties, rehabilitation services offices, and One Stop network. WF1 was created through a partnership of two Minnesota state agencies – the Department of Human Services (DHS) and the Department of Employment and Economic Development (DEED). All contractors and subcontractors are required to enter data into the WF1 client tracking system. The system was designed to collect and maintain records on registrants, applicants, and participants.

WF1 allows counselors and data entry staff to capture demographic information including race, ethnicity, sex, age, and disability status, where known. Staff can also capture veteran information, employment status, income, education level, immigration status, country of origin, language spoken at home, and other fields as required by the Department of Labor’s federal reporting requirements.

Staff are able to view enrollments and services in programs beyond what they work on, allowing them to target precious resources where customers need them most. (Vocational Rehabilitation Services, including Senior Services and State Services for the Blind customer data is limited to staff within those programs by law.)

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DEED’s MinnesotaWorks.net Administration (MAD) and Customer Registration System (CRS) captures demographic information on participants receiving both self-service and staff-assisted services at Minnesota’s One-Stop Centers (known as WorkForce Centers) or those who post their resumes or search for job openings on the state’s labor exchange (known as MinnesotaWorks.net). The MAD-CRS system is designed to collect demographic information, including race/ethnicity, sex, age, educational level, veterans status, and disability status, where known. Below are samples of reports:

WF1 WIA/WIOA Younger Youth Report, Statewide Summary WF1 WIA/WIOA Older Youth Report , Statewide Summary

CONFIDENTIALITY OF DEMOGRAPHIC DATAPursuant to 29 CFR 38.37(b)(2), demographic data regarding race/ethnicity, sex, age, and disability status (where known), is stored in a manner that ensures confidentiality and that data is used only for the purposes of recordkeeping and reporting. These data are not available to individuals who do not have the right to view such information, including potential employers seeking program participants as potential employees, and these data cannot be used as a category to match job requirements.

All staff with access to information contained in WF1 are subject to a comprehensive user access request process. See Exhibits A-D in Appendix below for a complete listing of security access forms. Users are required to affirm the following statement with their signature:

I understand that this WF1 user account and the private or non-public data I will have access to is provided for the purpose of performing my job as an employee or contractor of DEED or one of its partners or subcontractors in the administration or delivery of one or more of the programs selected on User Access Request Part II. I am responsible for protecting these access privileges and the data contained in WF1 in accordance with the Minnesota Government Data Practices Act MS Chapter 13, MS§ 116J.401, MS§ 116L.86, MS§ 268A.05, MS§ 268.19, and other applicable law. Any use of this access or data for purposes other than those authorized in connection with these duties may be cause for sanctions specified in statute.

WF1 users also must read and sign off on a security agreement before using WF1. Here is the text from that agreement:

WF1 Security Agreement

Our customers are putting their trust in us to keep their personal information safe. As our service providers, you have an essential role in the protection of customer information stored within Workforce One (WF1) and outside of it.

Workforce One contains Personally Identifiable Information (PII) which is information which can be used to distinguish or trace an individual's identity, such as their name,

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social security number, or address. By signing the WF1 access form, you agreed to protect this and other customer information within WF1 as if it were your own.

Please read and agree to the following security practices that all Workforce One users are expected to follow.

Quality Password and Login Information

I will not share my username, password, or secret question/answer with anyone.

If I have my username, password, and/or secret question/answer written down, I will make sure it is stored in a secure location. I will not leave my login information within view in my workspace.

I will create strong passwords of at least eight characters that contain at least: one special character, one upper case letter, one lower case letter, and one number.

I will change passwords frequently to prevent others from easily discovering my password and accessing my account. I understand that in WF1, I must use nine unique passwords before reusing my first one.

Protecting Data within Workforce One

If printing is required, I will make sure the printed pages are stored in a secure location. I understand that this is especially important for any pages that contain Personally Identifiable Information (PII). I also understand that any location where another individual could easily view or take the information is considered unsecure.

I will be careful when printing case notes, as they contain private or sensitive information. If information contained within a case note is (or could be) private or sensitive, I will store it in a secure location.

I will lock my computer when leaving my workspace (Ctrl, Alt, Delete and Lock Workstation) to prevent other individuals from viewing information within WF1.

I will notify the WF1 Team via email at workforceone.deed@state.mn.us if I believe my WF1 account has been compromised or used inappropriately.

Do Not Share PII with Others

I will not share Personally Identifiable Information (PII) or any person (customer) information with individuals who are not authorized to have that information. I understand that only the customer can authorize other individuals to view his/her information via a Data Privacy form.

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I understand the importance of protecting customer information, including PII, and agree to practice the above listed security guidelines.

All staff with access to information contained in MAD-CRS are subject to a comprehensive user access request process. See Exhibit E in Appendix for a copy of the security access form. Users are required to affirm the following statement with their signature:

I understand that access to the MAD and CRS websites and the private or non-public data it contains is for the purpose of performing my job as an employee of the Department of Employment and Economic Development, or one of its partners or its partner subcontractors for matching job seekers to jobs and administration or delivery of the Minnesota WorkForce Center System. I am responsible for protecting these access privileges and the data obtained in accordance with the Minnesota Government Data Practices Act, Chapter 13. Any use of this privilege for purposes other than those authorized in connection with these duties will be cause for discipline or prosecution under Minnesota Statute 13.09.”

Appendix

V1-A Security Administrator Access Request

V1-B User Access Request Form Instructions

V1-C User Access Request – Part I

V1-D User Access Request Part II – Management Authorization

V1-E System Access Request for MAD-CRS

How do recipients maintain a log of complaints filed that allege discrimination on one or more of the bases prohibited by WIA/WIOA section 188? How do grant applicants and recipients notify the CRC Director of administrative enforcement actions and lawsuits brought against them that allege discrimination on one or more of the bases prohibited by WIA/WIOA section 188?The WIA/WIOA EO Policy Manual - Chapter 6.1: Data Practices states:

Each recipient must maintain, and submit to CRC upon request, a log of complaints filed with it that allege discrimination on the ground(s) of race, color, religion, sex, national origin, age, disability, political affiliation or belief, citizenship, and/or participation in a WIA Title I-financially assisted program or activity. The log must include the name and address of the complainant; the ground of the complaint; a description of the complaint; the date the complaint was filed; the disposition and date of disposition of the complaint; and other pertinent information. Information that could lead to identification of a particular individual as having filed a complaint must be kept confidential.

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The WIA/WIOA Equal Opportunity Policy Manual - Chapter 8.1: Discrimination Complaints states:

Complaint Log/Retention

Each program provider must maintain and submit to the DEED Employment and Training Programs (ETP) Division Equal Opportunity Officer (EOO) a log of complaints alleging discrimination

All complaints, whether processed by investigation or ADR, must be entered on DEED’s ‘WIA/WIOA Title I Discrimination Complaint Log .’

All records regarding complaints and actions taken on complaints (including logs) must be maintained by the EOO for a period of not less than six (6) years from the date of resolution of the complaint (Minnesota Statute 16C.05 subd. 5).

The policy also states that, “all complaints, concerns or issues alleging discrimination must be reported to the DEED ETP EOO”, and “The DEED ETP EOO must promptly notify the CRC when any administrative enforcement actions or lawsuits are filed against it alleging discrimination.”

This procedure applies whether the complaint is sent from a participant or an enforcement agency. A WIA/WIOA Discrimination Complaint Information Form is supplied by DEED to agencies for use. DEED’s discrimination complaint processes and procedures are described in detail in Element 8.

Under DEED’s Discrimination Complaint Handling Procedures, DEED provides templates with instructions to the WDAs and independent providers for the WIA/WIOA Title I Discrimination Complaint Log.

The Desk Review Guide is used by State field monitoring staff to determine whether WDAs and independent providers are meeting state required criteria. DEED also monitors all recipients’ complaint logs. The monitoring process consists of procedures for desk review and on-site review of complaint procedures and any logs of complaints filed. Element 7 covers all aspects of monitoring in more detail.

What access to Information and/or Records must grant applicants and recipients provide to the Director?Grant applicants and recipients are required to provide, in a timely manner, any information and data necessary to investigate complaints and conduct compliance reviews on grounds prohibited under the nondiscrimination and equal opportunity provisions of WIA/WIOA Section 188 and its implementing regulations at 29 CFR Part 37 and 29 CFR Part 38.

Recipients may be required to provide, in a timely manner, the specific information and/or to submit the periodic reports that the Director considers necessary to determine compliance with the nondiscrimination and equal opportunity provisions.

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Asserted considerations of privacy or confidentiality are not a basis for withholding information from CRC and will not bar CRC from evaluating or seeking to enforce compliance with the nondiscrimination and equal opportunity provisions of WIA/WIOA Title I and 29 CFR Part 37.

If information that the Director asks a grant applicant or recipient to provide is in the exclusive possession of another agency, institution or person and they fail or refuse to furnish the information upon request the grant applicant or recipient and that agency, must certify to CRC that is has made efforts to obtain the information and that the agency, institution, or person has failed or refused to provide it. The certification must list:

Name and address of the agency, institution, or person that has possession of the information, and

The specific efforts the grant applicant or recipient made to obtain it.

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Element 7 – Monitoring

PURPOSE

This element addresses how the State and its recipients are complying with and will continue to comply with the oversight and monitoring requirements of WIA/WIOA Equal Opportunity (EO). The State is required to establish procedures to monitor periodically all aspects of the recipients’ compliance to WIA/WIOA Title I. Each EO monitoring review must include a review of each recipient’s

Compliance with its administrative obligations under WIA and EO such as assurances, notice and communication, and Equal Opportunity Officers (EOO);

Compliance with responsibilities it has been assigned through the MOA; Programs and activities to determine if discrimination is occurring.

NARRATIVE

The narrative section of this element should describe, at a minimum, the system for evaluating the extent of which recipients are complying with the administrative obligations of 29 CFR 37.The Fiscal Planning Unit conducts annual fiscal monitoring of Minnesota’s WIA/WIOA Adult, WIA/WIOA Youth, and Dislocated Worker programs and coordinates the local unified planning process which includes a section on equal opportunity.

Beginning FY2017, the Office of Diversity and Equal Opportunity (ODEO) will work with local Equal Opportunity Officers the Fiscal Planning Unit to conduct a desk review of all recipients using an EO/ADA Assessment on an annual basis. This assessment was implemented near the beginning of FY2017 and sent to all grant recipients to ensure compliance with equal opportunity and nondiscrimination. Additionally, ODEO will conduct comprehensive on-site EO monitoring of all Local Workforce Development Areas (LWDAs) over a three-year cycle. The EO monitoring process emphasizes accountability of the local service providers and is intended to ensure recipient compliance with each element in the MOA.

Fiscal and Program Monitoring of LWDAs (WIA/WIOA local area grantees/ providers) is one of DEED’s methods to evaluate and to assure compliance with the administrative and programmatic requirements of WIA/WIOA. Monitoring (along with oversight) responsibilities are a function of Minnesota’s Employment and Training Programs Division (ETP), specifically, its Fiscal Program and Monitoring Activities Unit. The Monitoring Unit and the applicable program units, conduct oversight activities of federal and state funded employment and training programs to ensure compliance with WIA/WIOA Title I regulations as well as DEED policy and procedure. The Director of Fiscal Program and Monitoring Activities Unit, Shelley Landgraf, reports to DEED’s Employment and Training Programs Development Division Director.

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The Fiscal Program and Monitoring Activities Unit develops and updates Fiscal and Program monitoring guides to assist in conducting onsite visits and desk reviews. Monitoring Guides are sent electronically to the Grantees for completion by appropriate grant staff. The Fiscal Program and Monitoring Activities Unit is responsible for coordinating the Minnesota’s Local Workforce Development Area Plans (LWDAs). The LWDA Plans include the federally required questions regarding the Grantee’s adherence to Equal Opportunity Assurances and Certifications. In addition, the grantee must indicate the EOO, the Program Complaint Officer, the ADA Coordinator, and the ELL Coordinator. After the Monitoring Guides and LWDA Plans are completed and returned by the LWDA, they are reviewed by their assigned program monitor and other appropriate staff. Any issues, concerns or necessary follow up as a result of the completed guide/s are addressed during the on-site monitoring visit.

Prior to the onsite program monitoring visit, the monitor will consult with the DEED WIA/WIOA Title I EOO to learn if any EO or program complaints are pending. If pending complaints exist, the program monitor will follow up with the Grantee’s EOO during the onsite program monitoring visit. Also, the program monitor ensures that any pending accessibility concerns are addressed in the review.

Significant findings and the need for action are identified in an exit interview of the WIA/WIOA Title I service provider and are included in the monitoring report. The monitors track significant findings and corrective actions that require resolution.

When attaching program monitoring reports into our SharePoint data base system, the monitor must include any EO Findings.

In addition ODEO conducts a comprehensive onsite EO monitoring of all LWDAs over a three-year cycle following the Monitoring Schedule 2015-2018. Based on the annual desk audits, ODEO may identify additional sites for onsite monitoring. The EO monitoring process emphasizes accountability of the local service providers and is intended to ensure recipient compliance with each element in the Method of Administration (MOA). Program monitors can assist with EO monitoring of WIOA service providers and are available for technical assistance when appropriate.

The EO monitoring onsite review is a comprehensive look at: Programs, services, and employment practices of recipients receiving WIA/WIOA Title I

funding; and an ADA Review that assesses physical and programmatic access of services to include

participants with disabilities.

An onsite review includes: An introduction conference identifying the scope of the review, subject matter, method

of review, review of state and local policies, and exit review. Participant and employee interviews, program assessment(s), case file reviews, and

program recruitment efforts.

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A follow up of the completed Desk Review with the WSA EOO that includes the EOO’s training and knowledge of equal opportunity, reasonable accommodation, WIA/WIOA EO policies, sexual harassment, and discrimination complaint procedures.

Any changes or modifications to the Local Workforce Development Area (LWDA) Plan. Assurance that the LWDA’s subrecipients maintain a complaint procedure. Verification that the Notice is: (1) provided to participants, applicants, and employees,

(2) available in languages pertinent to the area; and posted along with all other required employment and program posters.

Review of: (1) informal and formal program and discrimination complaint procedures, (2) review of complaint log and appropriate entries, and (3) whether or not timeframes were met.

Confirmation that any access items identified in the WorkForce Center (WFC) Certification Review are completed and if completion pending, establish time frame for completion.

Effective communication measures for individuals with limited English proficiency. Effective communication measures for individuals with disabilities. Identification of auxiliary aids available and ability to use the equipment; signs posted

for the public identifying available assistive technology. Availability of a reasonable accommodation procedure for applicants and employees.

Upon completion of the desk and onsite reviews, the monitor will draft a report that summarizes the reviews; facts; identifies areas of noncompliance; requests for technical assistance; adds comments and recommendations; and/or shares best practices. A copy of the monitoring report is sent to the respective WSA Director, EOO, and Site Manager, and is maintained at DEED for future reference and to track follow-up actions. The report and any follow up actions are discussed with the Site Manager and WSA Director.

Both the Fiscal Monitoring/Planning Unit and DEED WIOA EO monitoring are conducted in coordination with the EO Officer (EOO) in each LWDA.

The Monitoring Desk Review and Onsite Review, the WIOA Equal Opportunity Policy Manual, and the Local Workforce Development Area are designed to determine whether the LWSA and/or its subrecipient(s) have developed and implemented a comprehensive set of plans, policies, and procedures to ensure that the criteria established for participants in the various WIOA activities are fulfilled and that administrative management requirements are completed. These responsibilities should be satisfied at the WSA and subrecipient levels.

Administrative Obligations of 29 CFR 37:

EQUAL OPPORTUNITY OFFICERS (EOO)State and local level EOO duties, activities, and level in the organization were identified and described in Element 1 as was the DEED Office of Diversity and Equal Opportunity (ODEO) staff. ODEO works in collaboration with the Employment and Training Programs Division (ETP) in

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developing and maintaining DEED WIOA Title I complaint procedures; establishing a civil rights management and compliance program for DEED’s Methods of Administration; and, ensuring equal access to programs and services receiving DEED WIOA funds.

The WIOA Equal Opportunity Policy Manual, Chapter 1, Designation of Equal Opportunity Officer, outlines the policies and procedures to which the WIA/WIOA Title I service providers must adhere.

The Local Workforce Development Area (LWDA) Plan requires each WIOA Title I LWDA to include in their plan the current incumbent designated as the EOO and his/her role in the organization along with an organizational chart. The WSA must ensure the EOO will have complete independence in obtaining facts and making decisions in EO matters and must be in a position to render impartial decisions that are fair and appear to be fair. LWDA Plans are reviewed by assigned program monitors. Any EO corrective actions identified by the DEED EOO are followed up to ensure compliance.

NOTICE AND COMMUNICATIONThe Notice and Communication requirements are included in the WIOA Equal Opportunity Policy Manual, Chapter 2, Notice and Communication. Chapter 2 identifies the requirements for the local level implementation of the equal opportunity provisions of WIOA and identifies the methods and frequency of the Notice. See Element 2 Narrative for a complete explanation.

DEED incorporated the WIOA Notice to the Public information into posters that are required to be prominently displayed in every WorkForce Center (WFC). The Notice is available in English as well as six other languages.

Program onsite monitoring of local providers includes a review of the Notice displayed as a poster and file reviews to confirm the Notice is included in participant files. Onsite reviews are conducted by State-level Monitors and EOOs.

ASSURANCES Assurances requirements are included in the WIOA Equal Opportunity Policy Manual, Chapter 3, Assurances. (See Element 3 Narrative for a comprehensive explanation.) Chapter 3 requires that, as a condition to the award of financial assistance under Title I of WIA/WIOA, the grant applicant must provide a statement that WIOA Title I-assisted programs and activities will be conducted in compliance with these laws and implementing regulations.

During monitoring visits, assurances are obtained that local service providers are aware of all policies in the WIOA EO Policy Manual, including the addition of “familial status” as a protected class by the Minnesota Legislature in May 2014. Additionally, Grant Agreements contain clauses that grantees must be aware of the policies contained in the WIOA EO Policy Manual. These assurances include language pertaining to Civil Rights obligations and that each local provider will comply fully with the nondiscrimination and equal opportunity provisions of: WIA/WIOA Section 188; Title VI of the Civil Rights Act of 1964, as amended; Title VII of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; The Age

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Discrimination Act of 1975, as amended; Title IX of the Education Amendments of 1972, as amended; The Minnesota Human Rights Act of 1973, Minnesota Statutes, Chapter 363A; The Americans with Disabilities Act of 1990 (42 USC 12101), as amended; and Title II of The Genetic Information Nondiscrimination Act of 2008. Each grant applicant and each training provider seeking eligibility must also ensure that they will provide programmatic and architectural accessibility for individuals with disabilities and that it will comply with Regulations 29 CFR 37 and 29 CFR 38 and all other regulations implementing the laws listed above.

Assurance language is included in the following documents (See Element 3 for details):

Minnesota’s Combined State Plan for WIOA signature page certifies that the State will comply with the nondiscrimination provisions of WIOA Section 188 and its implementing regulations at 29 CFR 37 and 29 CFR 38, including an assurance that a Methods of Administration/Nondiscrimination Plan has been developed and implemented.

The required assurance statement (29 CFR 37.20) is included in the DEED/Employment and Training Programs (ETP) Division, State and/or Federal Master WIOA Title I Grant Agreement. The Grant Agreement is a contract between DEED and the WIOA Title I employment and training service providers. By signing the Grant Agreement, the service provider assures it will comply with all applicable federal, State, and local laws prohibiting discrimination. Grant agreements between the WIOA Title I service provider and their subrecipients are also required to contain this assurance. The State EOO reviews the contracts to confirm inclusion of the assurance language.

The Fiscal Planning/Monitoring Activities Unit has the responsibility of coordinating and overseeing the local planning process. The Fiscal Director, Program Monitors, and appropriate staff review the previous year’s local planning guidelines and revise where appropriate. The WIOA EOO is consulted prior to revisions to ensure the required EO guidance is included in the local planning guidance. The review and approval of the local plans assures they are consistent with the federal and State rules and regulations.

As previously discussed, a schedule has been established for the monitoring activities of WIA/WIOA programs including Title I programs. The schedule includes:

Dislocated Worker projects that are reviewed at least once during the term of the grant or more often if appropriate;

Data validation of WIOA local service providers conducted in the months of October, November, and December;

Fiscal monitoring that includes assuring that all participants follow up on current complaints;

Program monitoring may be conducted in the months of April to June of the program year for WIOA Adult and Dislocated Worker.

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DATA/INFORMATION AND COLLECTION MAINTENANCEDEED’s Workforce One (WF1) is the State management information system where WIA/WIOA Title I data is maintained. WF1 is a web-based client management application used by nearly 2,000 state, city, county, and non-profit employment and training providers to track employment and training services to more than 100,000 customers across Minnesota’s One Stop network. WF1 was created through a partnership between the Department of Human Services (DHS) and the Department of Employment and Economic Development (DEED) and is maintained by MN.IT@DEED.

Data is submitted on a real-time basis at the local service provider level. The system maintains the data submitted by local service providers and includes: race/ethnicity, sex, program and employment activity, and placement and termination rates to determine if significant differences exist.

Programs utilizing WF1 include: Adult, Dislocated Worker, Displaced Homemaker, Diversionary Work, Heading Home, Minnesota Family Investment Program, Minnesota Career Pathways, Migrant and Seasonal Farmworker, State Services for the Blind (Senior Services and Workforce Development), Supplemental Nutrition Assistance Program, Trade Adjustment Assistance, Veterans, Vocational Rehabilitation Services, Youth, and many small, locally-operated employment and training grants.

Program monitors have the ability to generate WF1 reports that contain data organized by local service provider designation. Reports are produced and analyzed prior to onsite monitoring reviews. Reports are developed that contain data organized by the individual local provider, the local provider region, and at a statewide level. Data validation of WIOA Title I service providers is conducted on an annual basis to ensure the accuracy of the data submitted. (For example, using WF1, DEED has the capability to run demographic data by race, ethnicity, age, and disability.)

UNIVERSAL ACCESSThe WIOA Equal Opportunity Policy Manual, Chapter 4, Universal Access, identifies DEED’s policy to provide universal access to all populations and to all WIA/WIOA Title I-funded programs and activities. All DEED’s WIOA-funded programs must be universally accessible to all populations. All recipients of WIOA Title I funding must make appropriate and continuing efforts, including outreach, to ensure they are providing universal access to their WIOA Title I-financially assisted programs and activities. All recipients must take reasonable steps to broaden the composition of the pool of those considered for participation or employment in their programs and activities in an effort to include members of both sexes, various racial and ethnic groups, various age groups, and individuals with disabilities.

The WIOA Equal Opportunity Policy Manual, Chapter 4.1, Limited English Proficiency, requires WIOA Title I local service providers to provide information and services in languages other than English when a significant number or proportion of individuals to be served are persons with limited English proficiency.

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COMPLAINT PROCESSING PROCEDURESDEED must and has adopted and published procedures for processing complaints alleging discrimination against any program or activity funded or authorized under WIOA Title I. Element 8 identifies the complaint procedure in detail. A component of the monitoring process is a review of the complaint procedure, verification of a valid complaint log, and completion of a timely investigation. WIOA Title I local service providers may choose to adopt the State’s systematic detailed discrimination procedures identified in the WIOA Equal Opportunity Policy Manual, Chapter 8.1, Discrimination Complaint Policy and Procedures.

The WIOA EO Manual, Chapter 7, Monitoring for Compliance , and the Desk Review monitoring tool, include an onsite review of the WIOA Title I service provider’s complaint and grievance procedures. Prior to an onsite monitoring visit, the State Monitor and EOO will review complaints received concerning WIOA Title I service provider(s). During a monitoring visit the monitor will examine the complaint logs and formal / informal complaints received by the WIOA Title I service provider. Time lines for handling complaints will be reviewed for compliance as well as documentation of resolution status. Complaint logs must be maintained for a minimum of six years after the last date of service and updated regularly. The WIOA EOO must be notified of discrimination complaints occurring at the local level.

MIGRANT SEASONAL FARM WORKERS The State Monitor Advocate’s responsibilities include conducting periodic reviews and assessments of services provided to MSFWs. Annual significant office reviews are conducted, using the Migrant and Seasonal Farmworker Program Monitoring Guide format, developed by the Employment and Training Administration (ETA) as a guideline for review of service delivery and protections afforded to MSFWs under Wagner-Peyser regulations.

How the data and records collected are analyzed by the recipients to determine whether any differences based upon race/ethnicity or sex have practical or statistical significance. The Minnesota’s State Combined Plan assures that the State will collect and maintain data necessary to show compliance with the nondiscrimination provisions of WIOA Section 188 and its implementing regulations.

As previously discussed, DEED’s Workforce One (WF1) is the State management information system. The monitors and local service providers can generate WF1 reports to include the demographics of race/ethnicity and sex among program and employment activity, including placement and termination to determine if significant differences exist.

The identity of the individuals and their job duties who are responsible for conducting these analyses.

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The WIOA Manual, Chapter 7, Monitoring for Compliance, discusses DEED’s requirement to develop policies and procedures outlining the monitoring requirements of the program. The policy states:

Each recipient and subrecipient of WIOA Title I funds must conduct regular oversight and monitoring of its WIA activities and the activities of its subrecipients’ contract service providers.

Chapter 7 advises Title I fund program providers that the Fiscal Program and Monitoring Activities Unit will conduct oversight and monitoring. Oversight and monitoring will include verifying compliance with other provisions of WIOA, WIOA Federal Regulations, and other applicable laws and regulations, providing technical assistance as needed, develop monitoring tools and a schedule to conduct on-site reviews, develop monitoring reports, review previous program monitoring, and impose sanctions.

The WIA/WIOA Manual, Chapter 1, Designation of Equal Opportunity Officer, requires that Workforce WIA/WIOA Title I program providers must designate an EOO to ensure compliance of the nondiscrimination provisions of WIA/WIOA Title I.

Responsibilities that would generally be within the scope of the designated EOO include: monitor and review recipient’s activities to make sure the recipients and its subrecipients are not violating their nondiscrimination and equal opportunity obligations under WIOA Title I.

Imposing sanctions and corrective actions for violations noted by a recipient during its monitoring reviews.The WIOA Equal Opportunity Policy Manual, Chapter 9, Corrective Actions and Sanctions, details the policy, responsibilities, and procedures when corrective action is identified and when sanctions will be imposed. Guidelines for Corrective Actions and Sanctions are suggested courses of action for areas of non-compliance with WIOA Title I equal opportunity and nondiscrimination requirements. Any corrective action will be appropriate for the violation identified and appropriate time will be allowed to correct the violation. Technical assistance will be provided based on state and local assessment of the reason(s) for the unsatisfactory performance. EO technical assistance requests are coordinated through the Workforce Systems Unit and the ETP EOO.

The WIOA Title I local service provider’s corrective action response will be reviewed by appropriate DEED staff and determined satisfactory or unsatisfactory. If unsatisfactory performance continues, sanctions will be applied in accordance with DEED policy and appropriate federal guidelines and regulations.

Ensuring policy development, communication, and training are carried out.The WIOA Equal Opportunity Policy Manual contains policies and procedures that are required of all WIOA Title I local service providers. Revision of policies and procedures are made when

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appropriate and are disseminated via email and hard copy memo format to the local service providers.

WIOA Title I program staff receive information on topics of equal opportunity and nondiscrimination from ETP staff via email.

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Element 8 - Complaint Processing Procedures

PURPOSE

In this element, the State addresses how it and its recipients are complying with and will continue to comply with, the requirements of Equal Opportunity regarding complaint processing procedures.

NARRATIVE

How the State ensures that that it and its recipients are complying with and will continue to comply with the requirements regarding its complaint processing procedures (29 CFR 37.76 through 37.79). This narrative describes, at a minimum, how that State ensures that:

Recipients that are required to do so have developed and published complaint procedures (29 CFR 37.77).

The State must adopt and publish procedures for processing complaints alleging discrimination against any program or activity funded or authorized under WIA/WIOA Title I.

The Minnesota’s State Combined Plan sets the direction for achieving the state’s equal opportunity assurances. The Combined Plan certifies that DEED and any subrecipients will comply with the nondiscrimination and equal opportunity requirements and procedures that include complaint processing and compliance review.

The Governor, by signing Minnesota's Combined Plan Signature Page, certified that Unemployment Insurance under the State Employment Security Agency (SESA) will comply with the assurance of equal opportunity as stipulated under Section 188 and the implementing regulations found at 29 CFR 37. The State will collect and maintain the data that is required to demonstrate compliance with the nondiscrimination provision of Section 188.

The State certified in Minnesota's Combined Plan, as a condition of receiving funds under the Wagner-Peyser Act, that it would comply with: nondiscrimination and equal opportunity requirements; procedures including complaint processing; and compliance review, as provided by 29 CFR 37.

The WIA/WIOA Equal Opportunity Policy Manual continues to be maintained and distributed electronically. Chapter 8 encompasses DEED’s complaint policies and procedures. DEED distinguishes handling of complaints concerning discrimination, Chapter 8.1, and complaints regarding a program, Chapter 8.2.

It continues to be the policy of DEED to assure nondiscrimination and equal opportunity in the operation and administration of all programs, services, and activities administered by DEED.

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Anyone utilizing Unemployment Insurance and/or Workforce Development services must be made aware that they have the right to file a complaint if they feel that they have been treated in a discriminatory manner. Complaints of discrimination must be immediately forwarded to the designated local level WIA/WIOA Equal Opportunity Officer to begin the investigative process.

WIA/WIOA Law, Section 188, prohibits discrimination on the basis of: race, color, religion, sex, national origin, age, disability, political affiliation or belief, and for beneficiaries only, on the basis of either citizenship as a lawfully admitted immigrant authorized to work in the United States or participation in any WIA/WIOA Title I financially assisted program or activity. Additional prohibited factors under Minnesota State Law are: marital status, familial status, sexual orientation, creed, or status in regard to public assistance.

Note: No person, organization, or agency may discharge or retaliate in any manner against any person because that person has filed a complaint, instituted any proceeding related to the Act, testified, or is about to testify, in any proceeding or investigation, or has provided information or assisted in an investigation.

At a minimum, a State’s procedures must: Provide for an issuance of a written Notice of Final Action to the complainant within ninety (90) days of the date on which the complaint is filed.DEED’s WIA/WIOA Discrimination Complaint Policy and Procedures, Chapter 8.1, Step 3, Local EOO Review/ Investigation, provides that a written Notice of Final Action (decision) must be issued by the EOO within forty (40) days of the date on which the complaint was filed. This 40-day requirement is intended to allow for an appeal to the DEED EOO, and if appealed (within ten (10) days of Notice date), provide the DEED EOO forty (40) days to review, investigate, and issue its written Notice of Final Action (resolution) within the regulatory ninety (90) days of the date on which the complaint was filed. The Notice of Final Action decision will be clearly written so that it is easily understood.

The Notice of Final Action will be issued by the EOO and transmitted to the complainant within forty (40) days of the original filing of the Complaint. This written decision must contain:

A clear and concise statement of the issues. Findings of fact based strictly on the evidence gathered during the investigation. For each issue raised in the complaint, a statement of either:

o The recipient's decision on the issue and an explanation of the reason(s) underlying the decision based on the material and the applicable section of WIA/WIOA Title I section 188 and/or its regulations, or

o A description of the way the parties resolved the issue. Conclusion(s) based on the findings of fact. Notification that the complainant has a right to appeal to the DEED EEO within ten (10)

days of the date the decision was issued at the local level if he/she is dissatisfied with

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the final action. This notification must also indicate how and where to appeal the decision and that the appeal must be in writing.

Notification that the complainant has a right to file a complaint with the CRC within thirty (30) days of the date the local level decision was issued if he/she is dissatisfied with the final action. This notification must also indicate how and where to file a charge with the CRC.

A State’s Procedure must: Contain the elements listed in equal opportunity which include:Initial, Written Notice To The Complainant That Contains An Acknowledgement That The Recipient Has Received The Complaint, And A Notice That The Complainant Has The Right To Be Represented In The Complaint Process (29 CFR 37.76(b)(1);

A Written Statement, Provided To The Complainant, That Contains A List Of The Issues Raised In The Complaint And, For Each Issue, A Statement Whether The Recipient Will Accept The Issue For Investigation Or Reject The Issue, And The Reasons For each Rejection (29 CFR 37.76(b)(2));

The DEED WIA/WIOA Discrimination Complaint Policy and Procedures, Chapter 8.1, in Step 3, Local EOO Review/Investigation, provides that:

Upon receipt of a written complaint, the local Equal Opportunity Officer (EOO) must send an initial, written notice to the complainant that contains the following information: (29 CFR 37.76(b)):

o An acknowledgment that the recipient/program provider has received the complaint;

o A list of the issues raised in the complaint and for each issue a statement of whether the program provider will accept the issue for investigation or reject the issue, and if rejected, the reason(s) for each rejection, such as lack of jurisdiction, lack of timeliness, or no basis for discrimination.

o Notice that the complainant has the right to be represented in the complaint process. (29 CFR 37.76 (b)(1)(ii);

o Notice that the complainant, as a means of resolving the complaint, has the right to choose between:

Alternative Dispute Resolution (ADR)/Mediation If the complaint is transferred to a mediator, the complainant

must be informed in writing of his/her rights as stated in 29 CFR 37.76(c).

or Investigative Track (local level EOO will conduct an investigation)

A statement that if the complainant chooses the investigatory process, the complainant is entitled to a decision, or Notice of

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Final Action, within forty (40) days after initial receipt of the complaint, and, if the local level fails to provide a Notice of Final Action within 40 (forty) days, the complainant may contact the State level/DEED EOO.

The complainant must inform the Equal Opportunity Officer within five (5) days of his/her choice between ADR/Mediation and the Investigatory process.

Due Process Guarantees

The DEED WIA/WIOA Discrimination Complaint Policy and Procedures, Chapter 8.1 requires that applicants/participants must be provided information concerning their rights. One examples local levels may use includes the WIA/WIOA Notice to the Public with Tennessen Warning.

The DEED WIA/WIOA Equal Opportunity Policy Manual, Chapter 2, Notice and Communication,

requires that staff at LWDAs inform customers of their rights to receive services based on equal opportunity and non-discrimination.

Each recipient must provide initial and continuing notice that it does not discriminate on any prohibited ground. LWDAs provide a copy of the WIA/WIOA “Notice to the Public” (see Element 1) to applicants /participants informing them of their rights. “Notice to the Public” posters are available in English and in the following translations: Hmong, Laotian, Russian, Simple Chinese, Somali, and Spanish. (Each “Notice” may be viewed by clicking within the Discrimination Policy at Notice to the Public.)

A period for fact-finding or investigation of the circumstances underlying the complaint (See 29 CFR 37.76(b)(3)). The DEED WIA/WIOA Discrimination Complaint Policy and Procedures, Chapter 8.1, in Step 3, Local EOO Review/Investigation, provides that:

If the complainant's choice is the investigatory process: o The WIA/WIOA Title I-B program provider EOO will begin the investigation. o The investigator is required to:

Prepare and maintain a complete file on the case. Acknowledge complaint by sending a letter to the complainant and

correspond with complainant as required. Provide notice to all parties who have a legitimate interest in the complaint. Keep identity of every complainant confidential to the greatest extent

possible (29 CRF 37.37(b)(2)). An individual whose identity must be disclosed must be protected from retaliation (29 CFR 37.41).

Perform an investigation. Make decision as to the substance of the allegation and suggest remedial

action if necessary.

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Decisions should be made strictly on the basis of evidence gathered. Provide a Notice of Final Action to the complainant within ninety (90) days of

the date on which the complaint was filed. The EOO can and should attempt to negotiate a resolution of the issue at any time prior to

the conclusion of the investigation. The EOO will gather details from the complainant and the respondent regarding specific

background and action(s) surrounding the allegation. The EOO will take statements from those individuals identified by the complainant and the

respondent. The complainant and the respondent will be given an opportunity to question the

information of others who present evidence. The EOO will review the initial findings orally with the complainant. This will allow the

complainant to provide additional information or clarification. The EOO must issue a written Notice of Final Action (decision), transmitted to the

complainant, within forty (40) days of the date on which the complaint was filed. This 40-day requirement is intended to allow for an appeal to the DEED EOO, and if appealed, provide the DEED EEO forty (40) days to review, investigate, and issue its Written Notice of Final Action (resolution) within the regulatory ninety (90) days of the date on which the complaint was filed.

Note: No person, organization, or agency may discharge or retaliate in any manner against any person because that person has filed a complaint, instituted any proceeding related to the Act, testified, or is about to testify, in any proceeding or investigation, or has provided information or assisted in an investigation.

A period during which the recipient attempts to resolve the complaint. The methods available to resolve the complaint must include Alternative Dispute Resolution. (29 CFR 37.76(b)(4))Mediation (Alternate Dispute Resolution) continues to be a choice for persons filing a discrimination complaint under WIA/WIOA and is a part of DEED’s discrimination complaint procedures. DEED’s WIA/WIOA Equal Opportunity Policy Manual, Chapter 8.1, in Step 3, Local Review, provides that:

Notice to the complainant that the he/she, as a means of resolving the complaint, has the right to choose between:

o Alternative Dispute Resolution (ADR)/Mediation, oro The investigative track (local level EOO will conduct an investigation).

The WIA/WIOA Title I program provider must have procedures which allow the complainant to request Alternative Dispute Resolution (ADR)/Mediation of their complaint. These procedures must include the following information regarding the resolution procedure:

o ADR/Mediation is entirely voluntary.

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o ADR is a confidential process that encourages open communication and allows disputes to be resolved in a less adversarial manner.

o The choice whether to use ADR or the investigation process rests with the complainant.

o The individual conducting the ADR/Mediation (Mediator) will be a neutral and impartial third party who will act as a facilitator.

o The mediator must be a person who is acceptable to all parties and who will assist the parties in resolving their dispute.

o The local level EOO will provide information and mediation resources regarding ADR to parties requesting this method of resolving discrimination complaints.

o The complainant must inform the EOO within five (5) days of his/her choice between ADR and the investigatory process.

o It is not mandatory that the parties come to an agreement. Note: If the complainant chooses ADR/Mediation, the agency is still obliged to review internal processes to determine if corrective action is needed to safeguard against potential future inequities.

If the complainant's choice is ADR/Mediation the EOO will do the following: o Choose an impartial mediator that is acceptable to both the complainant and the

respondent. o Determine the location of the ADR/Mediation. o Schedule the date and time of ADR/Mediation. o Notify both parties of the ADR/Mediation location, time, and date. o Develop a consent form to be signed by all parties at initiation of the

ADR/Mediation process affirming that the contents of the Mediation will be kept confidential and that both parties agree not to involve the mediator in any litigation.

o Document the agreed upon resolution. If a resolution is achieved through ADR/Mediation, the mediator will prepare a

settlement agreement that includes a description of how the parties resolved the issue. This agreement becomes the “Documentation/Notice of Final Action.” The parties will be asked to sign the agreement. A copy of the signed agreement will be given to the parties. The agreement must contain names of the parties, date of agreement, any time limits and terms of agreement.

A written Notice of Final Action must be provided to the complainant, within 90 days of the date on which the complaint was filed, that contains, for each issue raised in the complaint:

o Either a statement of the recipient’s decision on the issue and an explanation of the reasons underlying the decision, or a description of the way the parties resolved the issue; and

o Notice that the complainant has a right to file a complaint with the CRC within 30 days of the date on which the Notice of Final Action is issued if he or she is dissatisfied with the recipient’s final action on the complaint.

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Ann Feaman and Kimberly Malone are both trained mediators.

A written Notice of Final Action, provided to the complainant within 90 days of the date on which the complaint was filed (29 CFR 37.76(b)(5), that contains for each issue raised in the complaint:

a) Either (i) a statement of the recipient’s decision on the issue and an explanation of the reasons underlying the decision, or (ii) a description of the way the parties resolved the issue; and

b) Notice that the complainant has a right to file a complaint with CRC within 30 days of the date on which the Notice of Final Action is issued if he or she is dissatisfied with the recipient’s final action on the complaint. (See 29 CFR 37.76(b)(5).)

DEED’s WIA/WIOA Equal Opportunity Policy Manual, Chapter 8.1, in Step 3, Local EOO Review/Investigation, provides that:

The EOO must issue a written Notice of Final Action (decision), transmitted to the complainant, within forty (40) days of the date on which the complaint was filed. This 40-day requirement is intended to allow for an appeal to the DEED EOO, and if appealed, provide the DEED EEO forty (40) days to review, investigate, and issue its Written Notice of Final Action (resolution) within the regulatory ninety (90) days of the date on which the complaint was filed.

The Notice of Final Action must contain: a. A clear and concise statement of the issues. b. For each issue raised in the complaint, a statement of either:

i. The recipient's decision on the issue and an explanation of the reasons underlying the decision based on the material and the applicable section of WIA/WIOA Title I section 188 and/or its regulations, or

ii. A description of the way the parties resolved the issue.c. Findings of fact based strictly on the evidence gathered during the investigation.d. Conclusion(s) based on the findings of fact.e. Notification that the complainant has a right to appeal to the DEED EEO within ten

(10) days of the date the decision was issued at the local level if he/she is dissatisfied with the final action. This notification must also indicate how and where to appeal the decision and that the appeal must be in writing.

f. Notification that the complainant has a right to appeal to the CRC within thirty (30) days of the date the local level decision was issued if he/she is dissatisfied with the final action. This notification must also indicate how and where to appeal the decision to the CRC.

Copies of the DEED EOO’s decision will be sent to the complainant and to the WIA/WIOA Title I-B program provider.

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Throughout the investigation, the EOO should attempt to resolve the complaint. The methods available to resolve the complaint must include alternative dispute resolution (ADR).

Describe the procedures to be followed if the complaint is filed more than 180 days after the date of the alleged violation.DEED’s WIA/WIOA Discrimination Complaint Policy and Procedures, “Timing of Complaint,” provides that:

Any individual who believes that he/she has been discriminated against has the right to file a complaint. The complaint must be submitted in writing within one hundred eighty (180) days of the alleged violation. Extension of the one hundred eighty (180) days filing time may be granted by the Director of the CRC for good cause shown by the complainant.

Provide that, if the complainant is dissatisfied with the outcome of the investigation, or if there is no final resolution of the complaint within 90 days of the date the complaint is filed, the complainant is notified that he or she may file his or her complaint with the Civil Rights Center.DEED’s WIA/WIOA Equal Opportunity Policy Manual, Chapter 8.1, in Step 5, Complaint to Director, Civil Rights Center (CRC), provides that:

The complainant or his/her representative may file a complaint with the Director of the CRC within thirty (30) days if any of the following occurs:o DEED issues a Written Notice of Lack of Jurisdiction. In this case, the 30 days is

counted from the date of receipt of the written notice. o DEED issues, and the complainant is not satisfied with, the decision in the written

Notice of Final Action. In this case, the 30 days is counted from the date of receipt of the notice.

o DEED fails to issue a Written Notice of Lack of Jurisdiction, a Written Notice of Final Action, or a referral to another federal grant-making agency for investigation in case of dual jurisdiction, by the end of 90 days (this is the combined time allowed at both the local and state levels) after receipt of the complaint. In this case, the 30 days to file an appeal with the CRC is counted at the end of the initial 90-day period.

o An ADR/Mediation process fails to produce an agreement. In this case, the thirty (30) days is counted from the date on which the ADR process terminates.

o A party to an agreement breaches the agreement. In this case, the thirty (30) days is counted from the date the complainant learns of the alleged breach.

Ensure recipients follow the established procedures. DEED continues to require LWDAs and any service providers at the local level to follow the rules and regulations outlined in the WIA/WIOA Equal Opportunity Policy Manual. LWDAs are to ensure that the rules and regulations outlined in the Manual are fully implemented.

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Monitoring of WFCs is DEED’s system for evaluating the extent recipients are complying with the administrative obligations of WIA/WIOA. Monitoring responsibilities are a function of Minnesota’s Employment and Training Programs Division (ETP), specifically, its Fiscal Program and Monitoring Activities Unit that consists of: (a) the Fiscal Planning/Technical Assistance and Support Unit and (b) the Office of Diversity and Equal Opportunity (ODEO). Both Units conduct oversight activities of federal and state funded employment and training programs to ensure compliance with WIA/WIOA Title I regulations as well as DEED policy and procedure. Both Units have broad freedom to act, ensuring a reliable and consistent review process across all programs.

The DEED WIA/WIOA Equal Opportunity Policy Manual, Chapter 7, Monitoring for Compliance, provides procedures for monitoring the compliance of a recipient or subrecipient. (See Element 7). DEED’s monitoring procedures are comprised of three parts:

1) Pre-onsite monitoring activities by the monitoring team and the LWDA EOO:a. monitor’s review of complaints received regarding the WIA/WIOA Title I service

provider and b. LWDA EOO’s completion of DEED’s updated monitoring guide identified as Part I:

Desk Review. 2) Onsite monitoring visit by monitoring team:

a. Review of WIA/WIOA Title I service providers’ complaint and grievance procedures and

b. Interviews with program staff, general staff, customers, EOO, and site manager.3) Monitoring report and follow up if necessary.

Both the Desk Review and the Monitoring Review include a review of the recipients’ complaint logs and any formal/informal complaints that were received. If monitors have questions about complaint procedures they ask the WDD EOO to review the procedure.

UNEMPLOYMENT INSURANCE DISCRIMINATION COMPLAINT PROCESSESUI – Discrimination Complaint to ODEO If the DEED Office of Diversity and Equal Opportunity (ODEO) receives a UI-related discrimination complaint, it will first refer the complaint to the UI EOO to review the client account and identify his/her issue. The UI EOO will determine if the complaint is a program complaint that can be resolved by UI. If the concern rises to a discrimination complaint then ODEO will investigate it and provide the finding the DEED Human Resources Director and the UI Director for review and to determine the need for any further action.

UI – Contact the Customer Service Center Supervisor Callback ProcedureIf the DEED Office of Diversity and Equal Opportunity (ODEO) receives a UI-related discrimination complaint, it will first refer the complaint to the UI EOO to review the client account and identify his/her issue. The UI EOO will determine if the complaint is a program complaint that can be resolved by UI. If the concern rises to a discrimination complaint then

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ODEO will investigate it and provide the finding the DEED Human Resources Director and the UI Director for review and to determine the need for any further action.

UI – Contact the Customer Service Center Supervisor Callback ProcedureIf a UI customer is dissatisfied with service that was provided via the Customer Service Center (CSC), there is a supervisor callback procedure in place to address those concerns, including concerns about possible discrimination. The caller can request that a supervisor call him/her back while speaking with a CSC representative. That representative then makes an e-mail request to staff trained in how to handle these requests. Staff answers any technical questions and forward all customer service related concerns to a UI Supervisor who reviews the account and returns the call. A concern regarding discrimination is referred to the ODEO Director.

UI – Complaint to Governor’s Office or a LegislatorIf a UI customer has lodged a complaint with a legislator or the Governor's office, those complaints are forwarded to the Commissioner's office, which then assigns the issue to an appropriate subject matter expert for review, typically a UI Supervisor. The UI Supervisor investigates the issue and returns the call, then reports back to the Commissioner's office as to the results of the investigation.

UI – Appeals Minnesota UI law provides an opportunity for a fair and impartial hearing to any party who disagrees with a determination issued by the Minnesota UI Program related to a benefit account, job separation, eligibility, or various employer account related issues. Minnesota Statute §268.105 provides that a party who disagrees with a determination may file an appeal of that determination within 20 days of its mailing.

Instructions for filing an appeal are printed on applicant and employer determinations. The instructions read:

Right of Appeal

This determination will become final unless an appeal is filed by (day of week), (month date, year). The 'filed' date is the postmark date, if mailed, or the date received by the Unemployment Insurance Program, if sent by fax or internet. The recommended method for filing an appeal is by internet.

You can do so by logging in to your account at www.uimn.org and following the prompts. If filing by fax or mail please send this determination, or a photocopy, along with a short statement explaining why you are filing the appeal to the fax number or address listed below.

Department of Employment and Economic DevelopmentP.O. Box 75576 Saint Paul, MN 55175-0576 USA Fax: 651-205-4007

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Once an appeal is filed, a telephone hearing is scheduled before an Unemployment Law Judge. Participants may request an in-person hearing if needed to accommodate a disability. An Appeal Hearing Guide is mailed to the parties with the notice of the hearing. There are several types of hearings:

First Level Hearing: The written record will be reviewed and parties may provide additional testimony. The judge will then issue a written decision, either agreeing with, or changing the original decision. If the appealing party fails to participate in the evidentiary hearing, the unemployment law judge may summarily dismiss the appeal.

Request for Reconsideration: Any decision handed down by the unemployment law judge may be reviewed by the same unemployment law judge that issued the decision if a request for reconsideration is filed within 20 calendar days of the sending of the unemployment law judge's decision by any involved applicant, involved employer or the commissioner. First level appeal decisions explain how to request a reconsideration. If a request for reconsideration is filed timely , the unemployment law judge shall issue an order (1) modifying the findings of fact and decision; (2) setting aside the findings of fact and decision and direct that an additional evidentiary hearing be conducted; or (3) affirming the findings of fact and decision.

Court of Appeals Hearing: Any reconsidered decision by an Unemployment Law Judge may be taken to the Minnesota Court of Appeals. Instructions for a person wishing to appeal a reconsidered decision are available at http://www.mncourts.gov. Click on the Clerk of Appellate Courts link located on the left navigation bar / then scroll down to and click on Unemployment Packet.

If at any time, a participant feels he/she has been discriminated against in the appellate process he/she may contact the Office of Diversity and Equal Opportunity by phone at 651-259-7094 or by email at DEED.ODEO@state.mn.us.

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Element 9 – Corrective Actions/Sanctions

PURPOSE

The State addresses what corrective actions and sanctions will be taken from a violation of any nondiscrimination and equal opportunity provisions of WIA/WIOA.

NARRATIVE

In this element, the State should address how it and its recipients are complying and will continue to comply with the requirements of 29 CFR 37.54(d)(2)(vii).

DEED is committed to nondiscrimination by recipients of WIA/WIOA Title I federal financial assistance. The State considers all WIA/WIOA Title I fund recipients responsible for actions taken, directly or indirectly, by service providers. The State will look to these recipients to monitor their service providers and to request corrective action for violations and deficiencies.

In order to be in conformance with WIA/WIOA – to have a procedure in place for resolving issues of non-compliance – Minnesota has instituted a State policy that aligns with federal policy and addresses the violation of WIA/WIOA nondiscrimination provisions. This policy is incorporated in DEED’s WIA/WIOA Equal Opportunity Policy Manual , at Chapter 9, Corrective Actions and Sanctions. This Chapter provides oversight to WIA/WIOA Title I program providers at the local level and identifies procedures for applying corrective actions and sanctions when a violation occurs.

The intent of corrective actions and sanctions is to guarantee equal access to all programs, activities, and employment opportunities provided by WIA/WIOA financially assisted organizations. The corrective action identified must be appropriate to the area of non-compliance. The sanction may include a warning of non-compliance, recommendation of reduction of funding, or a reduction in funding.

Corrective actions and sanctions may be imposed by the State to move recipients into compliance with the requirements of the WIA/WIOA and with this Methods of Administration. Areas of non-compliance range in seriousness from a technical violation, such as the failure to post Equal Opportunity Notices, to substantiated charges of illegal discrimination. Discrimination violations can include findings of disparate treatment, disparate impact, and/or failure to provide a reasonable accommodation.

Technical ViolationsWhen DEED becomes aware of a technical violation, usually through a complaint, a site visit, or monitoring, it is addressed at the time of the discovery. DEED’s goal continues to be to correct

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the specific violation within a reasonable timeframe. DEED recognizes the importance of correcting technical violation as promptly as possible.

DEED provides technical assistance based on the needs of the local Workforce Development Boards (LWDBs) and the local partner staff. Technical assistance is necessary when the WIB or local level service provider has failed to meet one or more of the expectations regarding equal opportunity compliance. Technical violations include, but are not limited to, failure to include required language on assurances in contracts; failure to post WIA/WIOA Notice to the Public posters, and failure to provide alternative methods of communications as requested by the program recipient or the universal customer. The type of technical assistance provided to the service provider is based on a State and local assessment of the reason(s) for the violation.

Corrective action may also include educating individuals who are responsible for implementing the requirement. The WIA/WIOA State Equal Opportunity Officer (EOO) and the State ADA Coordinator may provide one-on-one visits to provide technical assistance in an expedited manner. This effort has often eliminated the need for corrective action. However, if violations continue even after technical assistance was provided, sanctions are applied in accordance with the appropriate federal guidelines and regulations.

If a technical violation has been (or can be) corrected immediately, a written agreement or assurance should be provided to document the corrective action taken and the prospective relief that is planned.

Corrective actions must be designed to completely correct each violation. For each corrective action, a timeframe should be established to set the minimum time

necessary to completely correct the violation.

Discrimination ViolationsDiscrimination violations include but are not limited to findings of disparate treatment, disparate impact, and failure to provide a reasonable accommodation. DEED and its partners prohibit discrimination because of, based on, or directed at an individual’s protected class characteristic, such as race, color, creed, religion, national origin, sex (including sexual harassment), marital status, status with regard to public assistance, disability, familial status (added as a protected class by the 2014 Minnesota Legislature), sexual orientation, age, or membership in a Human Rights Commission). It is prohibited to segregate, treat differently, or make an employment decision on the basis of an individual's protected class.

In addition to DEED’s WIA/WIOA Equal Opportunity Policy Manual, DEED has a comprehensive Non-Discrimination Policy, PPM 417, included in its Procedural Policy Manual (PPM). This DEED policy was updated in 2016 and applies to all DEED employees and contractors who provide specific investigative processes, as well as the parties responsible for investigating and ensuring compliance with applicable Equal Employment Opportunity laws and guidelines. PPM 417 is referred to in Chapter 9 of the WIA/WIOA Equal Opportunity Policy Manual .

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The standard for corrective and remedial actions to be applied when violations of WIA/WIOA section 188 or 29 CFR 37 are found. The WIA/WIOA Equal Opportunity Policy Manual, Chapter 9, provides information regarding corrective actions and sanctions. The procedure includes the three key requirements for corrective actions and sanctions:

Establishing procedures for effective corrective actions and applying sanctions if necessary to ensure that resolution of any non-compliance can be enforced (29 CFR 37.54(C) (VII)).

Documenting that corrective actions and prospective relief plans are being implemented and maintained (29 CFR 37.95-37.98).

Imposing sanctions for violations that are not voluntarily corrected (29 CFR.37.110).

Corrective and remedial actions must be designed to completely correct each violation.The WIA/WIOA Equal Opportunity Policy Manual, Chapter 9, requires that a corrective action be appropriate and reasonable given the violation that has occurred, be designed to end the discrimination and/or redress the specific violation(s), and establish a time frame that sets the minimum time necessary to completely correct the violation.

DEED provides oversight to the WIA/WIOA Title I Service Providers at the local level. The WIA/WIOA Equal Opportunity Policy Manual, Chapter 9, links to DEED’s Guidelines for Corrective Actions and Sanctions that provide examples of non-compliance to WIA/WIOA regulations, corrective action, and sanctions as shown in the table below:

AREA OF NON-COMPLIANCE

CORRECTIVE ACTION SANCTION PROCEDURE

Failure to post the "Notice To The Public."

1. Require that the "Notice" be posted immediately.

1. Warning of non-compliance.2. Recommendation of reduction of funding.3. Reduction of funding.4. Legal action under applicable State or Federal Laws.

Programs, activities, or services that are inaccessible to disabled or limited English-speaking individuals.

1. Technical Assistance.2. Identification of inaccessible features, and modification of inaccessible features, within a time frame specified by the

1. Warning of non-compliance.2. Reduction of funding.

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AREA OF NON-COMPLIANCE

CORRECTIVE ACTION SANCTION PROCEDURE

state’s procedures.

For each corrective action, a time frame should be established that sets the minimum time necessary to completely correct the violation.DEED continues to uphold its policy on violations of WIA/WIOA nondiscrimination provisions as delineated in the WIA/WIOA Equal Opportunity Policy Manual , Chapter 9 . The policy states that corrective action is required of a recipient when there is probable cause to believe a violation of the nondiscrimination and equal opportunity requirements of WIA/WIOA has occurred.

A WIA/WIOA Title I program provider that violates nondiscrimination and Equal Opportunity requirements is required to submit to DEED a corrective action plan in writing within thirty (30) days. If corrective action plans are not submitted to DEED within that time frame, staff will provide technical assistance. However, if within sixty (60) days, an acceptable plan has not been submitted to the State, or if the corrective action has not been voluntarily completed, DEED will sanction funds.

In the case of a finding of discrimination, the procedures must provide, where appropriate, for retroactive relief (including but not limited to back pay) and prospective relief (e.g., training, policy development and communication) to ensure that the discrimination does not recur.The WIA/WIOA Equal Opportunity Policy Manual, Chapter 9 , defines “remedial relief” as an action designed to make whole an individual or individuals who suffered injury or loss because of unlawful discrimination. Anyone victimized by discriminatory acts or policies must be restored to the status he or she would have received had the discrimination not occurred. Remedial action can include either or both:

Retroactive relief (may include back pay, front pay, retroactive benefits, training, any service discriminatorily denied, etc.). Note: Any monetary relief cannot be paid from federal funds.

Prospective relief: the curative and preventive steps voluntarily taken to ensure that a violation does not occur in the future. It may occur by:o Changing a policy, practice or procedure;o Developing a new policy;o Communicating a change in policy;o Education/training those responsible; and/oro An explanation that the communication was reissued with the tag lines

added.

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The procedures for follow-up monitoring to ensure that commitments to take corrective action and remedial action are fulfilledCorrective actions and sanctions occur when there is a violation of the non-discrimination and equal opportunity provisions of WIA/WIOA. This is usually a result of a discrimination complaint, and/or a monitoring review. Monitoring the compliance of a recipient or subrecipient of WIA/WIOA Title I funds is comprised of three parts:

1. Pre-onsite monitoring activities, such as a desk review conducted in collaboration by the monitoring team and the WSA EOO;

2. Onsite monitoring visit that includes financial, program, and EO reviews; and 3. A monitoring report and follow up if necessary. The report will identify areas of non-

compliance and pending non-compliance, and will make recommendations for technical assistance and/or prompt corrective actions, if any. Follow up will ensure the local service providers have promptly completed corrective action, and the imposition of sanctions when corrective action requests are not met.

The report is sent to the local service provider and copies are provided as appropriate to Equal Opportunity staff and Workforce Development Directors.

Reports required from the violating recipient regarding actions to correct the violation(s)The WIA/WIOA Equal Opportunity Policy Manual , Chapter 9 , includes information regarding a written assurance or a Conciliation Agreement: if a violation occurs that cannot be corrected immediately, a detailed written assurance, or Conciliation Agreement, should be negotiated. The agreement must:

Be in writing. Describe each violation. Specify the corrective or remedial action necessary to come into compliance. State the time period in which the corrective or remedial action must be completed. Be sufficient to ensure that the violation will not reoccur. Institute periodic reporting by the recipient on the status of the corrective action. Institute enforcement procedures to be applied if the agreement is breached.

Sanction procedures to be followed where voluntary compliance cannot be achieved.The WIA/WIOA Equal Opportunity Policy Manual, Chapter 9, defines “sanctions” as the judicial enforcement actions taken, including suspending, terminating, or denying funding, when appropriate actions are not taken to comply with WIA/WIOA regulations. A sanction is any official action implemented to penalize or censure a non-complying recipient. The ultimate

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sanction available is to revoke approval of all or part of the plan and discontinue funding to the recipient.

The WIA/WIOA Equal Opportunity Policy Manual, Chapter 9, identifies procedures that will be followed when attempts to achieve voluntary compliance fail, up through the point when sanctions are imposed. Each agreement has a timeframe in which to correct a violation and a definition of sanction procedures. If the recipient fails or refuses to correct the violation within the timeframe established, the State is required to have procedures in place to impose sanctions. Sanction procedures should:

List the measures taken to achieve voluntary compliance up to the point when sanctions are imposed.

Explain the severity of the non-compliance, as that will determine the sanctions imposed.

Provide a table or listing of potential sanctions. Detail the notification process that include the rights of the respondent, timeframes,

and provisions for a hearing. Identify the individuals who have responsibility for carrying out the steps in the sanction

process (include the role of both the State and local EO Officers).DEED continues to utilize the following process if compliance has not been achieved through technical assistance or voluntary compliance with WIA/WIOA Section 188. When a recipient fails to comply with nondiscrimination and Equal Opportunity provisions, DEED may:

After an opportunity for a hearing: suspend, terminate, deny, or discontinue the State financial assistance under WIA/WIOA, in whole or in part;

Refer the matter to the Attorney General with a recommendation that an appropriate civil action be instituted, or take such action as may be provided by law; or,

Defer new grants: when termination proceedings have been initiated, the department may defer actions on application for new financial assistance under WIA/WIOA until a final decision has been rendered. Note: Deferral is not appropriate when financial assistance under WIA/WIOA is due and payable under a previously approved application.

1. New federal financial assistance under WIA/WIOA includes all assistance for which an application or approval, including renewal or continuation of existing activities, or authorization of new activities, is required during the deferral period.

2. New federal financial assistance under WIA/WIOA does not include assistance approved prior to the beginning of termination proceedings or increase in funding as a result of changed computations of formula awards.

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HEARINGS DEED shall notify all interested parties of their opportunity for a hearing if it determines

it will either suspend, terminate, deny, or discontinue the State financial assistance under WIA/WIOA, in whole or in part.

DEED shall include, and serve on the grant recipient, applicant, or recipient (by certified mail, return receipt requested) a notice of opportunity for a hearing.

To request a hearing, the grant applicant or recipient must file a written answer to the Determination and a copy of the Determination with the Office of the Administrative Law Judges (ALJ).

The grant applicant or recipient answer must be filed within 30 days of the date of receipt of the department’s Determination.

The answer shall specifically admit or deny each finding of fact in the department’s Determination. Where the grant applicant or recipient does not have knowledge or information sufficient to form a belief, the answer may so state and the statement shall have the effect of a denial.

The grant applicant or recipient must simultaneously serve a copy of its filing on the Civil Rights Center (CRC), U.S. Department of Labor, 200 Constitution Avenue NW, Washington D.C. 20210.

Hearings shall be held at a time and place ordered by the Administrative Law Judge upon reasonable notice to all parties. In selecting a place for the hearing, due regard shall be given to the convenience of the parties, their counsel, if any, and witnesses.

The failure of a grant applicant or recipient to request a hearing under this paragraph, or to appear at a hearing for which a date has been set, is deemed to be a waiver of the right to a hearing. Whenever a hearing is waived, all allegations of fact contained in the department’s determination shall be deemed admitted and the department’s determination shall be deemed the final decision of the department as of the day following the last date by which the grant applicant or recipient was required to request a hearing or was to appear at a hearing.

DECISIONS AND POST TERMINATION PROCEEDINGS After the hearing, the Administrative Law Judge shall issue an initial decision and order,

containing findings and conclusions. All subsequent exceptions to the decision will be processed according to the rules of procedure of the local Administrative Law Judge.

Final Decision and Order: Where exceptions have not been filed, the initial decision and order of the Administrative Law Judge shall become the Final Decision and Order of the Department. A Final Decision and Order constitutes final department action.

Post-termination proceedings: A grant applicant or recipient adversely affected by a Final Decision and Order shall be restored, where appropriate, to full eligibility to

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receive federal financial assistance under WIA/WIOA if it satisfies the terms and conditions of such Final Decision and Order and brings itself into compliance with the nondiscrimination and equal opportunity provisions of WIA/WIOA.

A grant applicant or recipient adversely affected by a Final Decision and Order may, at any time, petition the director to restore its eligibility to receive federal financial assistance under WIA/WIOA. A copy of the petition shall be served on the parties to the original proceeding that led to the Final Decision and Order issued. Such petition shall be supported by information showing the actions taken by the grant applicant or recipient to comply with the requirements of the Final Decision and Order issued. The grant applicant or recipient shall have the burden of demonstrating that it has satisfied its requirements. Restoration to eligibility may be conditioned upon the grant applicant or recipient entering into a consent decree. While proceedings under this section are pending, sanctions imposed by the Final Decision and Order shall remain in effect.

The department shall issue a written decision on the petition for restoration. If the department determines that the requirements have not been satisfied, it shall issue a decision denying the petition. Within 30 days of receipt of the department’s decision, the recipient or grant applicant may file a petition for review of the decision, setting forth the grounds for its objection to the department’s decision. The department may file a response to the petition within 30 days. The department shall issue the final decision denying or granting the recipient or grant applicant’s request for eligibility restoration.

SUSPENSION, TERMINATION, DENIAL, OR DISCONTINUANCE OF STATE ASSISTANCE UNDER WIA/WIOAAny action to suspend, terminate, deny, or discontinue state financial assistance under WIA/WIOA shall be limited to the particular political entity, or part thereof, or other recipient (or grant applicant) as to which the finding has been made and shall be limited in its effect to the particular program, or part thereof, in which the noncompliance has been found. No order suspending, terminating, denying, or discontinuing federal financial assistance under WIA/WIOA shall become effective until:

The ALJ/Department has issued a Final Determination; There has been an express finding on the record, after opportunity for a hearing, of

failure by the grant applicant or recipient to comply with a requirement imposed by or pursuant to the nondiscrimination, and equal opportunity provisions of WIA/WIOA Title I or this part; and,

A Final Decision has been issued by the department or the Administrative Law Judge's decision and order has become the Final Decision of the department.

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