OAR 589-020-0110
Workforce Innovation and Opportunity Act (WIOA) Nondiscrimination Plan

(1) The Office of Workforce Investments (OWI) will comply with the equal opportunity and nondiscrimination provisions of Section § 188 of the federal Workforce Innovation and Opportunity Act (WIOA) of 2014, Public Law 113-128 and 29 CFR Section § 38 with respect to all programs and activities conducted as part of the Oregon one-stop delivery system. This includes staff and employment practices of the staff responsible for implementing and administering WIOA’s programs and activities.
(2) Definitions: As used in OAR 589-020-0110 (Workforce Innovation and Opportunity Act (WIOA) Nondiscrimination Plan), unless the context requires otherwise:
(a) “One-stop delivery site” means a WIOA center designated by a Local Workforce Development Board (Local Board), and other certified centers recognized in the Memoranda of Understanding.
(b) “Workforce Innovation and Opportunity Act” (WIOA) means the federal Act as codified in Public Law 113-128.
(3) In conducting both programs and activities that are part of the Oregon one-stop delivery system, the Higher Education Coordinating Commission (HECC) OWI will follow the Nondiscrimination Plan promulgated by the governor in accordance with 29 CFR Section § 38.5. In particular, OWI shall:
(a) Appoint an agency Equal Opportunity Officer to carry out the duties specified in the Nondiscrimination Plan and ensure that, if employed less than full-time as the agency Equal Opportunity Officer, any other duties, responsibilities or activities do not create a conflict of interest or the appearance of a conflict of interest with the duties of the agency Equal Opportunity Officer;
(b) Collect data on participants as required by 29 CFR Sections § 38.41 through 38.44 and the Nondiscrimination Plan and provide aggregate data to the state Equal Opportunity Officer and the Department of Labor, as required;
(c) Permit the designated state Equal Opportunity Officer to monitor OWI’s compliance with WIOA, 29 CFR Section § 38, and the Nondiscrimination Plan by providing the state Equal Opportunity Officer access to:
(A) One-stop delivery sites, including affiliate sites, from which OWI operates its programs and activities;
(B) Equal Opportunity Notices created by OWI and provided to participants; and
(C) Any contracts, grants, interagency agreements, or other arrangements between OWI and other providers pertaining to programs and activities provided in the one-stop system; and
(D) Data required to be collected pursuant to paragraph (b).
(d) Develop procedures and adopt administrative rules, as necessary, to comply with and monitor compliance with WIOA, 29 CFR Section § 38, and the Nondiscrimination Plan by:
(A) OWI and its employees;
(B) Recipients of financial assistance from the agency under WIOA Title I and their employees; and
(C) Entities operating programs or activities, or providing services, conducted as part of the Oregon one-stop delivery system on behalf of OWI, and employees thereof, including training providers; and
(e) Ensure that OWI’s Equal Opportunity Officer and other appropriate staff attend scheduled periodic training about the Nondiscrimination Plan and associated duties; and
(f) Comply with any corrective actions imposed by the governor for violations of the nondiscrimination and equal opportunity provisions of WIOA, 29 CFR Section § 38, and the Nondiscrimination Plan and cooperate with any investigative activities or monitoring requirements of the state Equal Opportunity Officer.
(4) Notwithstanding periodic monitoring by the state Equal Opportunity Officer, OWI is responsible for all violations of the nondiscrimination and equal opportunity provisions of WIOA, 29 CFR Section § 38, and the Nondiscrimination Plan committed by:
(a) OWI and its employees;
(b) Recipients of financial assistance from OWI under WIOA Title I and their employees; and
(c) Entities operating programs or activities, or providing services, conducted as part of the Oregon one-stop delivery system on behalf of OWI, and employees thereof, including training providers.

Source: Rule 589-020-0110 — Workforce Innovation and Opportunity Act (WIOA) Nondiscrimination Plan, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=589-020-0110.

Last Updated

Jun. 8, 2021

Rule 589-020-0110’s source at or​.us