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

EO Officers As NJDL&WD EO Officers we: As NJDL&WD EO Officers we: Investigate discrimination complaints Investigate discrimination complaints Provide technical assistance to local EO officers and EO Representatives Provide technical assistance to local EO officers and EO Representatives Develop MOA, guidance and directives Develop MOA, guidance and directives Conduct mediation Conduct mediation Ensure that services are provided in a fair & equitable manner Ensure that services are provided in a fair & equitable manner Serve as liaisons with the USDOL CRC Serve as liaisons with the USDOL CRC

EO Monitoring Monitoring is another function of our job Monitoring is another function of our job We are required to monitor as State EO officers in accordance to Federal Register 29 CFR Part 37 (see – 37.54) We are required to monitor as State EO officers in accordance to Federal Register 29 CFR Part 37 (see – 37.54) We are therefore authorized to monitor We are therefore authorized to monitor We monitor recipients receiving federal funds (WIA and One-Stops) We monitor recipients receiving federal funds (WIA and One-Stops) We monitor 18 (core One-Stops) counties annually We monitor 18 (core One-Stops) counties annually This includes all major partners (ES, UI, etc.) This includes all major partners (ES, UI, etc.)

Monitoring (cont’d) Our primary focus is to ensure that One-Stop services are provided in a non-discriminatory and equitable manner Our primary focus is to ensure that One-Stop services are provided in a non-discriminatory and equitable manner Our first step is to identify the areas to be reviewed in a particular year. Our first step is to identify the areas to be reviewed in a particular year. In a two year period, we would have examined all of the following for each One-Stop area: In a two year period, we would have examined all of the following for each One-Stop area:

Items Reviewed in a two Year Cycle Census data Census data Equity of services Equity of services Organizational composition Organizational composition Designation of local WIA EO Officer Designation of local WIA EO Officer Local EO file (containing directives and TA material) Local EO file (containing directives and TA material) Local WIA discrimination complaint file and Logs Local WIA discrimination complaint file and Logs

Items Reviewed in a two Year Cycle Bilingual staffing of One-Stop Bilingual staffing of One-Stop Universal Access to One-Stop services Universal Access to One-Stop services EO is the Law notification (Posters/Flyers) EO is the Law notification (Posters/Flyers) Sexual Harassment notification Sexual Harassment notification

Items Reviewed (Continued) Interviews with One-Stop staff to determine awareness and readiness to deliver equitable services Interviews with One-Stop staff to determine awareness and readiness to deliver equitable services Surveys of One-Stop customers to determine how they feel they are being treated Surveys of One-Stop customers to determine how they feel they are being treated Observation of service delivery - individual and group Observation of service delivery - individual and group Review of contract assurances Review of contract assurances

Items Reviewed (Continued) Review of accessibility of One-Stop facility, programs and services Review of accessibility of One-Stop facility, programs and services Visit a subcontractor (usually a training school) Visit a subcontractor (usually a training school) Tour the subcontractor facility and check for accessibility Tour the subcontractor facility and check for accessibility Meet with school administration and interview WIA students Meet with school administration and interview WIA students

Notifying the One-Stop System After identifying the areas to be reviewed we prepare for our onsite review After identifying the areas to be reviewed we prepare for our onsite review We select a Core One-Stop Career Center We select a Core One-Stop Career Center We telephone the WIA Director/One-Stop Operator, ES Manager, UI Manager We telephone the WIA Director/One-Stop Operator, ES Manager, UI Manager As part of our program accessibility efforts, we also involve Division of Vocational Rehabilitation Services (DVRS) management As part of our program accessibility efforts, we also involve Division of Vocational Rehabilitation Services (DVRS) management

Notifying the One-Stop System Each of the parties contacted receives a follow- up memo or letter regarding the dates of the review and a listing of the review topics. Each of the parties contacted receives a follow- up memo or letter regarding the dates of the review and a listing of the review topics. This notice (like our monitoring instruments) is a shell-document on which names and dates are added. This notice (like our monitoring instruments) is a shell-document on which names and dates are added. Copies of the notices go to appropriate executive staff within the Department Copies of the notices go to appropriate executive staff within the Department

Desk Review Prior to the onsite visit we review the following: Prior to the onsite visit we review the following: Census data for the One-Stop area Census data for the One-Stop area Service data produced by the Department (this data is requested for all one stops earlier in the year) Service data produced by the Department (this data is requested for all one stops earlier in the year) Organizational charts by ethnicity and gender Organizational charts by ethnicity and gender

Onsite Visit The “package” we take to each review includes: Copies of review notifications Copies of review notifications Desk review findings Desk review findings EO review checklist EO review checklist Accessibility to Services & Facility Checklists Accessibility to Services & Facility Checklists

Onsite Visit Forms to review WIA customer records Forms to review WIA customer records Customer questionnaire Customer questionnaire Forms to record observation of service delivery Forms to record observation of service delivery Staff questionnaire Staff questionnaire Extra copies of directives and EO Posters (Sp/E) Extra copies of directives and EO Posters (Sp/E)

The Entrance Interview The EO team meets with managers/directors of One-Stop programs at the core One-Stop Center The EO team meets with managers/directors of One-Stop programs at the core One-Stop Center The purpose of the entrance interview is to ensure management and front line staff are prepared for our visit The purpose of the entrance interview is to ensure management and front line staff are prepared for our visit

The Entrance Interview We describe the monitoring activities that will take place We describe the monitoring activities that will take place We discuss desk review findings We discuss desk review findings We gather background information (or updates) about the One-Stop We gather background information (or updates) about the One-Stop

The Entrance Interview Questions are asked about how the Universal Access mandate is being addressed Questions are asked about how the Universal Access mandate is being addressed Questions are asked about how limited English proficient individuals are being served Questions are asked about how limited English proficient individuals are being served The accessibility to facility and programs checklist is completed The accessibility to facility and programs checklist is completed

The Entrance Interview As requested in the notification sent to the One- Stop Director/Operator, we request desk space or room from which to conduct staff interviews As requested in the notification sent to the One- Stop Director/Operator, we request desk space or room from which to conduct staff interviews EO review team members may at this point divide the tasks to be accomplished EO review team members may at this point divide the tasks to be accomplished One may conduct staff and customer interviews while the other is inspecting files, posters, and verifying accessibility. One may conduct staff and customer interviews while the other is inspecting files, posters, and verifying accessibility.

Interviews Begin with a proper introduction Begin with a proper introduction Are conducted anonymously Are conducted anonymously Nonthreatening Nonthreatening Allow the staff or customer to give full responses Allow the staff or customer to give full responses Include notation of person’s gender, ethnicity (where known or observable) and disability (if observable) Include notation of person’s gender, ethnicity (where known or observable) and disability (if observable)

File Reviews 10% of WIA files reviewed 10% of WIA files reviewed Maximum of 50 files per program (ES, UI, WIA) Maximum of 50 files per program (ES, UI, WIA) Monitoring checklist is used that notes: receipt for issuance of EO Notice by WIA, absence of discriminatory comments in file, and absence of medical information. Monitoring checklist is used that notes: receipt for issuance of EO Notice by WIA, absence of discriminatory comments in file, and absence of medical information.

File Reviews Customers name (initials only), ethnicity, gender, and disability are captured on the checklist Customers name (initials only), ethnicity, gender, and disability are captured on the checklist Files with problems are noted on checklist and are set aside for discussion with local EO Officer Files with problems are noted on checklist and are set aside for discussion with local EO Officer

Observation Observation of individual services (front desk/reception, intake, counseling) and group services (orientation, job club) are conducted unobtrusively Observation of individual services (front desk/reception, intake, counseling) and group services (orientation, job club) are conducted unobtrusively Ethnicity, gender, and disability is noted (as much as possible) in the count of those customers being observed Ethnicity, gender, and disability is noted (as much as possible) in the count of those customers being observed Checklist is used that identifies service being provided and determination, based on observation, of whether service is being delivered equitably Checklist is used that identifies service being provided and determination, based on observation, of whether service is being delivered equitably

Inspection of Posters EO is the Law posters should be prominently displayed in public waiting areas and employee break rooms EO is the Law posters should be prominently displayed in public waiting areas and employee break rooms Name and number of current local EO Officer should be on poster Name and number of current local EO Officer should be on poster The EO Representative (State employee whose EO duties are limited) should also be identified on poster The EO Representative (State employee whose EO duties are limited) should also be identified on poster

Posters (Continued) TDD number should be on poster TDD number should be on poster Poster should be in Spanish and English Poster should be in Spanish and English Next to the EO is the Law posters should be the Sexual Harassment posters (also in Spanish and English Next to the EO is the Law posters should be the Sexual Harassment posters (also in Spanish and English Missing or damaged posters will be noted and replaced onsite by EO team Missing or damaged posters will be noted and replaced onsite by EO team Additional posters may be mailed to the One- Stop Additional posters may be mailed to the One- Stop

Visit to Subcontractor Part of the notice sent to the WIA One-Stop Director or operator is a request that arrangements be made for the EO review team to visit a training facility that receives WIA funds Part of the notice sent to the WIA One-Stop Director or operator is a request that arrangements be made for the EO review team to visit a training facility that receives WIA funds We usually ask the local EO Officer (or other senior official) to accompany us We usually ask the local EO Officer (or other senior official) to accompany us The local EO Officer will see, hear, and learn along with us The local EO Officer will see, hear, and learn along with us

Subcontractor (continued) We meet the school president or owner (or other designated representative) and discuss the purpose of the visit We meet the school president or owner (or other designated representative) and discuss the purpose of the visit We take a tour of the facility and collect school brochures We take a tour of the facility and collect school brochures Tours are not only educational, but you get a chance to see the school programs in action Tours are not only educational, but you get a chance to see the school programs in action

Subcontractor (continued) We check for accessibility to individuals with disabilities (signage, parking, exterior/interior paths of travel, elevators, entrances/doors, public facilities, computer stations, fire alarms, and so on) We check for accessibility to individuals with disabilities (signage, parking, exterior/interior paths of travel, elevators, entrances/doors, public facilities, computer stations, fire alarms, and so on) We interview students placed there by the One- Stop Center under review to determine how they are being treated We interview students placed there by the One- Stop Center under review to determine how they are being treated

Subcontractor (continued) Any findings or concerns are shared with both the local EO Officer and the school president/owner Any findings or concerns are shared with both the local EO Officer and the school president/owner WE ARE ALMOST DONE!!!! WE ARE ALMOST DONE!!!!

The Exit Conference After the EO team meets to discuss EO findings the local EO Officer is asked to gather One- Stop Directors and ES/UI Managers After the EO team meets to discuss EO findings the local EO Officer is asked to gather One- Stop Directors and ES/UI Managers Any issues raised as a result of the review are discussed and, if possible, resolved Any issues raised as a result of the review are discussed and, if possible, resolved EO issues not resolved during the review and exit conference become corrective action requirements EO issues not resolved during the review and exit conference become corrective action requirements

Exit Conference (continued) A date is given for the issuance of the EO monitoring report (within 30 days of the completion of the onsite review) A date is given for the issuance of the EO monitoring report (within 30 days of the completion of the onsite review) Those present are informed that corrective action responses are due within 30 days of receiving the report Those present are informed that corrective action responses are due within 30 days of receiving the report

The EO Report After monitoring, we prepare a report about our findings After monitoring, we prepare a report about our findings The report is sent to directors and regional & local management The report is sent to directors and regional & local management

The EO Report Depending on the areas chosen for review during a particular cycle, the report may contain statements and/or findings about the following: Depending on the areas chosen for review during a particular cycle, the report may contain statements and/or findings about the following: Legal Authority to Monitor Legal Authority to Monitor Notification Notification Purpose Purpose Methodology Methodology Census & Data findings Census & Data findings Officials who were present during the review Officials who were present during the review

The EO Report Background information Background information Service & facility accessibility checklists Service & facility accessibility checklists Universal access Universal access Services to LEP customers Services to LEP customers Review of customer files Review of customer files Interviews with staff Interviews with staff Interviews with customers Interviews with customers

The EO Report Observation of individual and group services Observation of individual and group services Inspection of EO posters and flyers Inspection of EO posters and flyers Inspection of sexual harassment posters Inspection of sexual harassment posters Inspection of EO complaint file Inspection of EO complaint file Review of contract assurances Review of contract assurances Inspection of local EO Officer’s file of directives and TA material Inspection of local EO Officer’s file of directives and TA material Visit to a training subcontractor facility Visit to a training subcontractor facility Technical assistance provided Technical assistance provided Exit Conference Exit Conference

EO Report The report includes findings/recommendations and gives a time frame (usually within 30 days of receipt of the report) for a corrective action response The report includes findings/recommendations and gives a time frame (usually within 30 days of receipt of the report) for a corrective action response The EO report serves as evidence that the MOA monitoring element has been met and can be reviewed by USDOL. The EO report serves as evidence that the MOA monitoring element has been met and can be reviewed by USDOL.

Corrective Action Corrective action is something a program area needs to address in order to maintain federal compliance with applicable EO laws and regulations Corrective action is something a program area needs to address in order to maintain federal compliance with applicable EO laws and regulations The appropriate program area is required to notify our office as to what steps will be taken to correct an issue(s) The appropriate program area is required to notify our office as to what steps will be taken to correct an issue(s) If we do not receive a response, we attempt follow-up contact with the area If we do not receive a response, we attempt follow-up contact with the area Continued non response will result in communication with either Assistant Commissioners, the Chief of staff, Deputy Commissioner or the Commissioner Continued non response will result in communication with either Assistant Commissioners, the Chief of staff, Deputy Commissioner or the Commissioner As a last resort, the USDOL may be alerted and federal funding could be Jeopardized. As a last resort, the USDOL may be alerted and federal funding could be Jeopardized.

Things to Consider The EO Unit is an integral part of the Department within that state The EO Unit is an integral part of the Department within that state Monitoring should be more beneficial than punitive Monitoring should be more beneficial than punitive Be as prepared as possible for each review Be as prepared as possible for each review Be on time…use time wisely Be on time…use time wisely Be professional, polite, take pride in what you do Be professional, polite, take pride in what you do Have plenty of business cards for distribution Have plenty of business cards for distribution