Equal Opportunity Statement
It is against the law for a recipient of federal financial assistance, including a recipient of funds under Title I of the Workforce Innovation and Opportunity (WIOA) Act, to discriminate against:
- Any individual in the United States on the basis of race, color, religion, sex, national origin, age, disability, political affiliation, or belief; and
- Any beneficiary of programs financially assisted under Title I of WIOA, on the basis of the beneficiary's citizenship/status as a lawfully admitted immigrant authorized to work in the United States, or his or her participation in any WIOA Title I-financially assisted program or activity.
A "recipient" means an entity that is awarded a WIOA grant from the U.S. Department of Labor and is legally responsible for carrying out a WIOA program under Title I of WIOA.
A "recipient" may be:
- The state of Arizona,
- One or more Local Workforce Development Areas (LWDA) throughout the State,
- Any sub-recipient or vendor that sub-contracts with the State or an LWDA to administer all or part of a WIOA program.
All recipients and sub-recipients must ensure all individuals have equal opportunity under Title I of WIOA. All recipients or sub-recipients may also receive a complaint and must ensure that the complaint is addressed in accordance with WIOA Section 188 of and 29 CFR Part 38.
The recipient must not discriminate in any of the following areas:
- Deciding who will be admitted, or have access, to any WIOA Title I-financially assisted program or activity;
- Providing opportunities in, or treating any person with regard to, such a program or activity; or
- Making employment decisions in the administration of, or in connection with, such a program or activity.
The following provisions apply specifically to Employment Service operations conducted by Employment Service Offices. States shall assure that:
- No individual be excluded from participation in, denied the benefits of, subjected to discrimination under, or denied employment in the administration of or in connection with any services or activities authorized under the Wagner-Peyser Act in violation of any applicable nondiscrimination law, including laws prohibiting discrimination on the basis of age, race, sex, color, religion, national origin, disability, political affiliation, or belief. All complaints alleging discrimination shall be filed and processed according to the procedures in the applicable U.S. Department of Labor nondiscrimination regulations.
- Discriminatory job orders will not be accepted, except where the stated requirement is a bona fide occupational qualification (BFOQ).
- Employers' valid affirmative action requests will be accepted and a significant number of qualified applicants from the target group(s) will be included to enable employers to meet their affirmative action obligations.
- Employment testing programs will comply with all applicable federal regulations.
What to do if you believe you have experienced discrimination:
If you think that you have been subjected to discrimination under a WIOA Title I-financially assisted program, services, or activity, you may file a complaint within 180 days from the date of the alleged violation, with either:
The Local Office, Local Area EO Officer; or
The recipient's State WIOA Equal Opportunity (EO) Officer, Workforce Administration, Department of Economic Security, 4000 N. Central Ave., Ste. 1550, Phoenix, AZ 85007, MD5771, Phone: (602) 542-3957, Fax: (602) 542-2491, TTY/TDD: 7-1-1, Email: WIOAStateEOOfficer@azdes.gov; or
The Director, Civil Rights Center (CRC), U.S. Department of Labor, 200 Constitution Avenue NW, Room N-4123, Washington, DC 20210, Phone: (202) 693-6500, Fax: (202) 693-6505, TTY: (202) 693-6516
If you file your complaint with the State WIOA EO Officer or the Local Area EO Officer, you must wait either until the recipient issues a written Notice of Final Action, or until 90 days have passed (whichever is sooner), before filing with the CRC. If you are not satisfied with the recipient's final action on the complaint, you must file a complaint with CRC within 30 days of the date on the Notice of Final Action but no later than 120 days from the date you filed your complaint.
If the recipient does not give you a written Notice of Final Action within 90 days of the day on which you filed your complaint, you do not have to wait for the recipient to issue that Notice before filing a complaint with CRC. However you must file your CRC compliant within 30 days of the 90-day deadline (in other words, within 120 days after the day on which you filed your complaint with the recipient).
If the recipient does give you a written Notice of Final Action on your complaint, but you are dissatisfied with the decision or resolution, you may file a complaint with CRC. You must file your CRC compliant within 30 days of the date on which you received the Notice of Final Action.
The Equal Opportunity Officer for the Arizona Department of Economic Security is:
State WIOA EO Officer
Arizona Department of Economic Security
4000 N. Central Ave., Ste. 1550, MD 5771
Phoenix, Arizona 85007
Phone: (602) 542-3957
Equal Opportunity Officer Email: firstname.lastname@example.org
Equal Employment Opportunity Commission (EEOC) Notice Regarding Job Bank Nondiscrimination and Hiring Restrictions Based on an Individual’s Unemployment Status
Employers may not automatically exclude job seekers based on their unemployment status unless the employer can show that an unemployment status restriction is related to the job posted and consistent with the employer’s business needs. This type of screening requirement may unjustifiably limit the employment opportunities of applicants in protected groups and may therefore violate federal civil rights laws.
Fair Credit Reporting Act
The Fair Credit Reporting Act (FCRA) requires an employer to obtain the applicant's permission before asking a background screening company for a criminal history report, and requires the employer to provide the applicant with a copy of the report and a summary of the applicant's rights before the employer takes an adverse action (such as denying an application for employment) based on information in the criminal history report. For more information:
Employers may not automatically exclude job seekers based on their credit history unless the employer can show that a credit history restriction is related to the job posted and consistent with the employer’s business needs. While employers are permitted to use credit reports in hiring and other decisions, this type of screening requirement may unjustifiably limit the employment opportunities of applicants in protected groups and may therefore violate federal civil rights laws.