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STATE OF HAWAII

DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS

Workforce Innovation and Opportunity Act Nondiscrimination Plan

Element Two — Equal Opportunity Officers

(29 C.F.R. §§ 38.28 to 38.33 and 29 C.F.R. § 38.54(c)(2)(vi))

1. Designation of Equal Opportunity Officers

A. State Level Equal Opportunity Officer— Governor David Y. Ige delegated Scott T.

Murakami, the DLIR Director, for oversight of the equal opportunity and

nondiscrimination provisions of the WIOA and appointed Christen Lee as the State-

Level EO Officer. The State-Level EO Officer works in the same office and reports to

the DLIR Director (Exhibit A).

Ms. Lee provides oversight and guidance to the Local-Level EO Officers and

recipients as well as comply with the requirements of 29 C.F.R. §

38.31 for the State of Hawaii. The State-Level EO Officer is responsible for

assisting the Governor with the requirements of 29 C.F.R. § 38.54 (Governor’s

Obligations to Develop and Implement a Nondiscrimination Plan).

Christen Lee

State-Level Equal Opportunity Officer

Department of Labor and Industrial Relations

830 Punchbowl Street, Room 321

Honolulu, HI 96813

Phone: (808) 586-8148

Fax: (808) 586-9099

TDD/TTY: Dial 711 then ask for (808) 586-8866

Email: dlir.eeo@hawaii.gov

Local-Level Equal Opportunity Officers—the Mayor of each county

appoints its

WIOA Local-Level EO Officer. The following individuals are the Local-Level Equal

Opportunity Officers and are responsible for carrying out the Local-Level EO

Officer duties.

City and County of Honolulu:

Denise L. Tsukayama, CAAP

Equal Opportunity Administrator/ADA Coordinator

925 Dillingham Blvd., Suite 180

Honolulu, HI 96817

Phone: (808) 768-8505

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TDD/ TTY: Dial 711 then ask for (808) 768-8505

Fax: (808) 768-8490

E-mail: dtsukayama@honolulu.gov

County of Maui:

Ralph Thomas

Equal Employment Opportunity Specialist

200 S. High Street, 9th Floor

Wailuku, Maui HI 96793

Phone: (808) 463-3168

TDD/TTY: Dial 711 then ask for (808) 270-6292

E-mail: Ralph.Thomas@co.maui.hi.us

County of Hawaii:

Julie Rawlins

Equal Opportunity Officer/ADA Coordinator

101 Pauahi St, Suite 2

Hilo, HI 96720-4224

Phone: (808) 961-8361

TDD/TTY: (808) 961-8619

Fax: (808) 961-8617

E-mail: julie.rawlins@hawaiicounty.gov

County of Kauai:

Daniel Fort

WIOA Executive Director

4444 Rice Street, Suite 200

Lihue, HI 96766

Phone: (808) 241-4948

TDD/TTY: Dial 711 then ask for (808) 241-4948

Fax: (808) 241-6877

E-mail: dfort@kauai.gov

2. Recipients' obligations regarding Equal Opportunity Officers

All recipients

have the following obligations vis-à-vis EO Officers:



Ensuring that the EO Officer is a senior-level employee reporting directly to the

individual in the highest-level position of authority for the entity.



Designating an individual who can fulfill the responsibilities of an EO Officer.



Making the EO Officer's name, position title, address, and telephone number (voice

and TDD/TTY) public.



Ensuring that the EO Officer's identity and contact information appear on all

internal and external communications about the recipient's nondiscrimination and

equal opportunity programs.

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Ensuring that the EO Officer and the EO Officer's staff are afforded the opportunity

to receive (at the recipient's expense) the training necessary and appropriate to

maintain competency.

3. Equal Opportunity Officer Responsibilities

An Equal Opportunity Officer is responsible for coordinating a recipient's obligations under

the WIOA. Those responsibilities include, but are not limited to:

• Serving as a recipient's liaison with Civil Rights Center (CRC);

• Monitoring and investigating the recipient's activities, and the activities of the

entities that receive WIOA Title I-financial assistance from the recipient, to

make sure that the recipient and its subrecipients are not violating their

nondiscrimination and equal opportunity obligations under WIOA Title I. This

includes monitoring the collection of data required to ensure compliance with

the nondiscrimination and equal opportunity requirements of the WIOA;

• Reviewing the recipient's written policies to make sure that those policies are

nondiscriminatory;

• Developing and publishing the recipient's procedures for processing

discrimination complaints under §§ 38.72 through 38.73, including tracking the

discrimination complaints filed against the recipient, developing procedures for

investigating and resolving discrimination complaints filed against the recipient,

making sure that those procedures are followed, and making available to the

public, in appropriate languages and formats, the procedures for filing a

complaint;

• Conducting outreach and education about equal opportunity and

nondiscrimination requirements consistent with § 38.40 and how an individual

may file a complaint consistent with § 38.69;

• Undergoing training (at the recipient's expense) to maintain competency of the

EO Officer and staff, as required by the DLIR Director or the County ; and

• If applicable, overseeing the development and implementation of the

recipient's Nondiscrimination Plan under § 38.54.

A sample of a Local-Level EO Officer’s job description is attached as Exhibit B.

Presenters and specialists shared information and insight on topics such as retaliation,

disability, and complaint processing (Exhibits G to I).

Information and procedures learned from the State-Level Equal Opportunity Officer

Conference have been incorporated into the Nondiscrimination Plan and will be used to

further comply with the WIOA.

4. Small Recipient Equal Opportunity Officer Obligations

Small recipients (serve fewer than 15 beneficiaries and employs fewer than 15 employees

on any given day during the grant year)

are responsible for adopting and publishing

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complaint procedures and processing complaints, as explained in 29 CFR §§ 38.72 through

38.75. The DLIR will ensure compliance with this requirement through guidance and

technical assistance.

5. Service Provider Equal Opportunity Officer Obligations

Service providers

are not required to designate an EO Officer. The DLIR and the Local

Workforce Development Boards (LWDBs) shall ensure service provider compliance with the

nondiscrimination and equal opportunity provisions of the WIOA.

Recipient means an entity to which financial assistance under Title I of the WIOA is extended, directly from

the Department or through the Governor or another recipient (including any successor, assignee, or

transferee of a recipient). The term excludes any ultimate beneficiary of the WIOA Title I-financially

assisted program or activity. One-stop partners, as are treated as recipients, are subject to t

nondiscrimination and equal opportunity requirements.

Recipient includes, but is not limited to:

State-level agencies that administer, or are financed in whole or in part with, WIOA Title I

funds;

State Workforce Agencies;

State and Local Workforce Development Boards;

LWDA grant recipients;

One-stop operators;

Service providers, including eligible training providers;

On-the-Job Training (OJT) employers;

Job Corps contractors and center operators;

Job Corps national training contractors;

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Outreach and admissions agencies, including Job Corps contractors that perform these

functions;

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Placement agencies, including Job Corps contractors that perform these functions; and

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Other National Program recipients.

Small recipient means a recipient who:

(1)

Serves a total of fewer than 15 beneficiaries during the entire grant year; and

(2)

Employs fewer than 15 employees on any given day during the grant year.

Service provider means:

(1)

Any operator of, or provider of aid, benefits, services, or training to:

(i)

Any program or activity that receives WIOA Title I financial assistance from or through any State or

LWDA grant recipient; or

(ii)

Any participant through that participant's Individual Training Account (ITA); or

(2)

Any entity that is selected and/or certified as an eligible provider of training services to

participants.

Equal Opportunity Employer/Program

Auxiliary aids and services are available upon request to individuals with disabilities.

TDD/TTY: Dial 711 then ask for (808) 586-8866

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EXHIBITS

Exhibit A Position Description of State-Level Equal Opportunity Officer (Civil Rights

and Equal Opportunity Officer in the DLIR Director's Office)

Exhibit B Representative Sample Position Description for Local Level Equal

Opportunity Officer

Exhibit C State Level Equal Opportunity Officer Conference Agenda

Exhibit D Nondiscrimination Plan Development Powerpoint Presentation

Exhibit E Monitoring Report and Observe Exercises

Exhibit F Monitoring Report Handouts

Exhibit G Retaliation Powerpoint Presentation

Exhibit H Disability Powerpoint Presentation

Exhibit I Complaint Processing Powerpoint Presentation