New Jersey DOLWD EO Monitoring “Equal Opportunity: Your business, our business”

New JerseyNew JerseyDOLWD EO DOLWD EO MonitoringMonitoring

““Equal Opportunity: Your Equal Opportunity: Your business, our business”business, our business”

EO OfficersEO Officers

As NJDL&WD EO Officers we:As NJDL&WD EO Officers we: Investigate discrimination complaintsInvestigate discrimination complaints Provide technical assistance to local EO Provide technical assistance to local EO

officers and EO Representativesofficers and EO Representatives Develop MOA, guidance and directivesDevelop MOA, guidance and directives Conduct mediationConduct mediation Ensure that services are provided in a fair Ensure that services are provided in a fair

& equitable manner& equitable manner Serve as liaisons with the USDOL CRC Serve as liaisons with the USDOL CRC

EO MonitoringEO Monitoring Monitoring is another function of our jobMonitoring is another function of our job We are required to monitor as State EO We are required to monitor as State EO

officers in accordance to Federal Register officers in accordance to Federal Register 29 CFR Part 37 (see 37.51 – 37.54)29 CFR Part 37 (see 37.51 – 37.54)

We are therefore authorized to monitorWe are therefore authorized to monitor We monitor recipients receiving federal We monitor recipients receiving federal

funds (WIA and One-Stops) funds (WIA and One-Stops) We monitor 18 (core One-Stops) counties We monitor 18 (core One-Stops) counties

annuallyannually This includes all major partners (ES, UI, This includes all major partners (ES, UI,

etc.)etc.)

Monitoring (cont’d)Monitoring (cont’d)

Our primary focus is to ensure that Our primary focus is to ensure that One-Stop services are provided in a One-Stop services are provided in a non-discriminatory and equitable non-discriminatory and equitable mannermanner

Our first step is to identify the areas Our first step is to identify the areas to be reviewed in a particular year.to be reviewed in a particular year.

In a two year period, we would have In a two year period, we would have examined all of the following for examined all of the following for each One-Stop area:each One-Stop area:

Items Reviewed in a two Items Reviewed in a two Year CycleYear Cycle

Census dataCensus data Equity of servicesEquity of services Organizational compositionOrganizational composition Designation of local WIA EO OfficerDesignation of local WIA EO Officer Local EO file (containing directives Local EO file (containing directives

and TA material)and TA material) Local WIA discrimination complaint Local WIA discrimination complaint

file and Logsfile and Logs

Items Reviewed in a two Items Reviewed in a two Year CycleYear Cycle

Bilingual staffing of One-StopBilingual staffing of One-Stop Universal Access to One-Stop Universal Access to One-Stop

servicesservices EO is the Law notification EO is the Law notification

(Posters/Flyers)(Posters/Flyers) Sexual Harassment notification Sexual Harassment notification

Items Reviewed Items Reviewed (Continued)(Continued)

Interviews with One-Stop staff to Interviews with One-Stop staff to determine awareness and readiness determine awareness and readiness to deliver equitable servicesto deliver equitable services

Surveys of One-Stop customers to Surveys of One-Stop customers to determine how they feel they are determine how they feel they are being treatedbeing treated

Observation of service delivery - Observation of service delivery - individual and groupindividual and group

Review of contract assurancesReview of contract assurances

Items Reviewed Items Reviewed (Continued)(Continued)

Review of accessibility of One-Stop Review of accessibility of One-Stop facility, programs and servicesfacility, programs and services

Visit a subcontractor (usually a Visit a subcontractor (usually a training school)training school)

Tour the subcontractor facility and Tour the subcontractor facility and check for accessibilitycheck for accessibility

Meet with school administration and Meet with school administration and interview WIA studentsinterview WIA students

Notifying the One-Stop Notifying the One-Stop SystemSystem

After identifying the areas to be reviewed After identifying the areas to be reviewed we prepare for our onsite reviewwe prepare for our onsite review

We select a Core One-Stop Career CenterWe select a Core One-Stop Career Center We telephone the WIA Director/One-Stop We telephone the WIA Director/One-Stop

Operator, ES Manager, UI ManagerOperator, ES Manager, UI Manager As part of our program accessibility As part of our program accessibility

efforts, we also involve Division of efforts, we also involve Division of Vocational Rehabilitation Services (DVRS) Vocational Rehabilitation Services (DVRS) managementmanagement

Notifying the One-Stop Notifying the One-Stop SystemSystem

Each of the parties contacted Each of the parties contacted receives a follow-up memo or letter receives a follow-up memo or letter regarding the dates of the review regarding the dates of the review and a listing of the review topics.and a listing of the review topics.

This notice (like our monitoring This notice (like our monitoring instruments) is a shell-document on instruments) is a shell-document on which names and dates are added.which names and dates are added.

Copies of the notices go to Copies of the notices go to appropriate executive staff within appropriate executive staff within the Departmentthe Department

Desk ReviewDesk Review Prior to the onsite visit we review the Prior to the onsite visit we review the

following:following:

Census data for the One-Stop areaCensus data for the One-Stop area

Service data produced by the Department Service data produced by the Department (this data is requested for all one stops earlier (this data is requested for all one stops earlier in the year)in the year)

Organizational charts by ethnicity and genderOrganizational charts by ethnicity and gender

Onsite VisitOnsite Visit

The “package” we take to each review The “package” we take to each review includes:includes:

Copies of review notificationsCopies of review notifications Desk review findingsDesk review findings EO review checklistEO review checklist Accessibility to Services & Facility Accessibility to Services & Facility

ChecklistsChecklists

Onsite VisitOnsite Visit

Forms to review WIA customer Forms to review WIA customer recordsrecords

Customer questionnaireCustomer questionnaire Forms to record observation of Forms to record observation of

service deliveryservice delivery Staff questionnaireStaff questionnaire Extra copies of directives and EO Extra copies of directives and EO

Posters (Sp/E)Posters (Sp/E)

The Entrance InterviewThe Entrance Interview

The EO team meets with The EO team meets with managers/directors of One-Stop managers/directors of One-Stop programs at the core One-Stop programs at the core One-Stop CenterCenter

The purpose of the entrance The purpose of the entrance interview is to ensure management interview is to ensure management and front line staff are prepared for and front line staff are prepared for our visitour visit


We describe the monitoring We describe the monitoring activities that will take placeactivities that will take place

We discuss desk review findingsWe discuss desk review findings We gather background information We gather background information

(or updates) about the One-Stop (or updates) about the One-Stop


Questions are asked about how the Questions are asked about how the Universal Access mandate is being Universal Access mandate is being addressedaddressed

Questions are asked about how Questions are asked about how limited English proficient individuals limited English proficient individuals are being servedare being served

The accessibility to facility and The accessibility to facility and programs checklist is completedprograms checklist is completed


As requested in the notification sent to As requested in the notification sent to the One-Stop Director/Operator, we the One-Stop Director/Operator, we request desk space or room from which request desk space or room from which to conduct staff interviewsto conduct staff interviews

EO review team members may at this EO review team members may at this point divide the tasks to be accomplishedpoint divide the tasks to be accomplished

One may conduct staff and customer One may conduct staff and customer interviews while the other is inspecting interviews while the other is inspecting files, posters, and verifying accessibility.files, posters, and verifying accessibility.

InterviewsInterviews

Begin with a proper introductionBegin with a proper introduction Are conducted anonymouslyAre conducted anonymously NonthreateningNonthreatening Allow the staff or customer to give full Allow the staff or customer to give full

responsesresponses Include notation of person’s gender, Include notation of person’s gender,

ethnicity (where known or observable) ethnicity (where known or observable) and disability (if observable)and disability (if observable)

File ReviewsFile Reviews

10% of WIA files reviewed 10% of WIA files reviewed Maximum of 50 files per program Maximum of 50 files per program

(ES, UI, WIA)(ES, UI, WIA) Monitoring checklist is used that Monitoring checklist is used that

notes: receipt for issuance of EO notes: receipt for issuance of EO Notice by WIA, absence of Notice by WIA, absence of discriminatory comments in file, and discriminatory comments in file, and absence of medical information.absence of medical information.

File ReviewsFile Reviews

Customers name (initials only), Customers name (initials only), ethnicity, gender, and disability are ethnicity, gender, and disability are captured on the checklistcaptured on the checklist

Files with problems are noted on Files with problems are noted on checklist and are set aside for checklist and are set aside for discussion with local EO Officerdiscussion with local EO Officer

ObservationObservation

Observation of individual services (front Observation of individual services (front desk/reception, intake, counseling) and group desk/reception, intake, counseling) and group services (orientation, job club) are conducted services (orientation, job club) are conducted unobtrusivelyunobtrusively

Ethnicity, gender, and disability is noted (as Ethnicity, gender, and disability is noted (as much as possible) in the count of those much as possible) in the count of those customers being observedcustomers being observed

Checklist is used that identifies service being Checklist is used that identifies service being provided and determination, based on provided and determination, based on observation, of whether service is being observation, of whether service is being delivered equitablydelivered equitably

Inspection of PostersInspection of Posters

EO is the Law posters should be EO is the Law posters should be prominently displayed in public waiting prominently displayed in public waiting areas and employee break roomsareas and employee break rooms

Name and number of Name and number of currentcurrent local EO local EO Officer should be on posterOfficer should be on poster

The EO Representative (State employee The EO Representative (State employee whose EO duties are limited) should whose EO duties are limited) should also be identified on posteralso be identified on poster

Posters (Continued)Posters (Continued)

TDD number should be on posterTDD number should be on poster Poster should be in Spanish and Poster should be in Spanish and

EnglishEnglish Next to the EO is the Law posters Next to the EO is the Law posters

should be the Sexual Harassment should be the Sexual Harassment posters (also in Spanish and Englishposters (also in Spanish and English

Missing or damaged posters will be Missing or damaged posters will be noted and replaced onsite by EO teamnoted and replaced onsite by EO team

Additional posters may be mailed to Additional posters may be mailed to the One-Stopthe One-Stop

Visit to SubcontractorVisit to Subcontractor

Part of the notice sent to the WIA One-Part of the notice sent to the WIA One-Stop Director or operator is a request Stop Director or operator is a request that arrangements be made for the EO that arrangements be made for the EO review team to visit a training facility review team to visit a training facility that receives WIA fundsthat receives WIA funds

We usually ask the local EO Officer (or We usually ask the local EO Officer (or other senior official) to accompany usother senior official) to accompany us

The local EO Officer will see, hear, and The local EO Officer will see, hear, and learn along with uslearn along with us

Subcontractor Subcontractor (continued)(continued)

We meet the school president or We meet the school president or owner (or other designated owner (or other designated representative) and discuss the representative) and discuss the purpose of the visitpurpose of the visit

We take a tour of the facility and We take a tour of the facility and collect school brochurescollect school brochures

Tours are not only educational, but Tours are not only educational, but you get a chance to see the school you get a chance to see the school programs in actionprograms in action


We check for accessibility to We check for accessibility to individuals with disabilities (signage, individuals with disabilities (signage, parking, exterior/interior paths of parking, exterior/interior paths of travel, elevators, entrances/doors, travel, elevators, entrances/doors, public facilities, computer stations, public facilities, computer stations, fire alarms, and so on)fire alarms, and so on)

We interview students placed there by We interview students placed there by the One-Stop Center under review to the One-Stop Center under review to determine how they are being treateddetermine how they are being treated


Any findings or concerns are shared Any findings or concerns are shared with both the local EO Officer and with both the local EO Officer and the school president/ownerthe school president/owner

WE ARE ALMOST DONE!!!!WE ARE ALMOST DONE!!!!

The Exit ConferenceThe Exit Conference

After the EO team meets to discuss EO After the EO team meets to discuss EO findings the local EO Officer is asked to findings the local EO Officer is asked to gather One-Stop Directors and ES/UI gather One-Stop Directors and ES/UI ManagersManagers

Any issues raised as a result of the Any issues raised as a result of the review are discussed and, if possible, review are discussed and, if possible, resolvedresolved

EO issues not resolved during the review EO issues not resolved during the review and exit conference become corrective and exit conference become corrective action requirementsaction requirements

Exit Conference Exit Conference (continued)(continued)

A date is given for the issuance of A date is given for the issuance of the EO monitoring report (within 30 the EO monitoring report (within 30 days of the completion of the onsite days of the completion of the onsite review)review)

Those present are informed that Those present are informed that corrective action responses are due corrective action responses are due within 30 days of receiving the within 30 days of receiving the reportreport

The EO ReportThe EO Report

After monitoring, we prepare a After monitoring, we prepare a report about our findingsreport about our findings

The report is sent to directors and The report is sent to directors and regional & local management regional & local management


Depending on the areas chosen for review Depending on the areas chosen for review during a particular cycle, the report may during a particular cycle, the report may contain statements and/or findings about the contain statements and/or findings about the following:following:

Legal Authority to MonitorLegal Authority to Monitor NotificationNotification PurposePurpose MethodologyMethodology Census & Data findingsCensus & Data findings Officials who were present during the reviewOfficials who were present during the review


Background information Background information Service & facility accessibility Service & facility accessibility

checklistschecklists Universal accessUniversal access Services to LEP customersServices to LEP customers Review of customer filesReview of customer files Interviews with staffInterviews with staff Interviews with customersInterviews with customers

The EO ReportThe EO Report Observation of individual and group servicesObservation of individual and group services Inspection of EO posters and flyersInspection of EO posters and flyers Inspection of sexual harassment postersInspection of sexual harassment posters Inspection of EO complaint fileInspection of EO complaint file Review of contract assurancesReview of contract assurances Inspection of local EO Officer’s file of Inspection of local EO Officer’s file of

directives and TA materialdirectives and TA material Visit to a training subcontractor facilityVisit to a training subcontractor facility Technical assistance providedTechnical assistance provided Exit ConferenceExit Conference

EO ReportEO Report

The report includes The report includes findings/recommendations and findings/recommendations and gives a time frame (usually within 30 gives a time frame (usually within 30 days of receipt of the report) for a days of receipt of the report) for a corrective action responsecorrective action response

The EO report serves as evidence The EO report serves as evidence that the MOA monitoring element that the MOA monitoring element has been met and can be reviewed has been met and can be reviewed by USDOL.by USDOL.

Corrective ActionCorrective Action Corrective action is something a program area needs Corrective action is something a program area needs

to address in order to maintain federal compliance to address in order to maintain federal compliance with applicable EO laws and regulationswith applicable EO laws and regulations

The appropriate program area is required to notify The appropriate program area is required to notify our office as to what steps will be taken to correct an our office as to what steps will be taken to correct an issue(s)issue(s)

If we do not receive a response, we attempt follow-up If we do not receive a response, we attempt follow-up contact with the areacontact with the area

Continued non response will result in communication Continued non response will result in communication with either Assistant Commissioners, the Chief of with either Assistant Commissioners, the Chief of staff, Deputy Commissioner or the Commissionerstaff, Deputy Commissioner or the Commissioner

As a last resort, the USDOL may be alerted and As a last resort, the USDOL may be alerted and federal funding could be Jeopardized.federal funding could be Jeopardized.

Things to ConsiderThings to Consider The EO Unit is an integral part of the The EO Unit is an integral part of the

Department within that stateDepartment within that state Monitoring should be more beneficial than Monitoring should be more beneficial than

punitivepunitive Be as prepared as possible for each reviewBe as prepared as possible for each review Be on time…use time wiselyBe on time…use time wisely Be professional, polite, take pride in what Be professional, polite, take pride in what

you doyou do Have plenty of business cards for Have plenty of business cards for

distributiondistribution

Documents

New Jersey DOLWD EO Monitoring “Equal Opportunity: Your business, our business”