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. Recipients of federal financial assistance must take reasonable steps to ensure that communications with individuals with disabilities are as effective as communications with others. This means that, upon request and at no cost to the individual, recipients are required to provide appropriate auxiliary aids and services to qualified invididuals with disabilities.
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 or activity, you may file a complaint within 180 days from the date of the alleged violation with either:
The recipient’s Equal Opportunity Officer (or the person whom the recipient has designated for this purpose); or
The Director, Civil Rights Center (CRC), U.S. Department of Labor, 200 Constitution Avenue, NW, Room N-4123, Washington, DC 20210.
If you file your complaint with the recipient, 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 Civil Rights Center (CRC), U.S. Department of Labor, 200 Constitution Avenue NW, Room N-4123, Washington, DC 20210.
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 complaint 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 in your complaint, but you are dissatisfied with the decision or resolution, you may file a complaint with CRC. You must file your CRC complaint within 30 days of the date on which you received the Notice of Final Action.
Equal Employment Opportunity Commission (EEOC) Notice on Employer Consideration of Arrest and Conviction History
Title VII of the Civil Rights Act of 1964 makes it unlawful to discriminate in employment based on race, color, national origin, religion, or sex. This law does not prohibit an employer from requiring applicants to provide information about arrests, convictions or incarceration. However, employers may not treat individuals with the same criminal records differently because of their race, national origin or another protected characteristic. Additionally, unless required by federal law or regulation, employers may not automatically bar everyone with an arrest or conviction record from employment. The EEOC has determined that an automatic bar to hiring everyone with a criminal record is likely to unfairly limit the employment opportunities of applicants or workers of certain racial or ethnic groups. If an employer’s criminal record exclusion policy or practice has a disparate impact on Title VII-protected individuals, it must be job related and consistent with business necessity.
For information on filing a discrimination charge contact the EEOC at 800-669-400 or online athttp://www.eeoc.gov/facts/howtofil.html.
Notice to Employers Regarding Job Bank Nondiscrimination and Hiring Restrictions Based on an Individual’s Unemployment Status
The United States Department of Labor advises employers not to 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. Any employer that submits a job announcement containing restrictions or exclusions based on an applicant’s unemployment status will have an opportunity to edit or remove the announcement.
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 about the Fair Credit Reporting Act go to the Federal Trade Commission’s website at:http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre36.shtm
Notice to Employers Regarding Job Bank Nondiscrimination and Hiring Restrictions Based on Credit Information
The United States Department of Labor advises employers not to 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. Any employer that submits a job announcement containing restrictions or exclusions based on an applicant’s credit information will have an opportunity to edit or remove the announcement.
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View this notice in Spanish-Ver esta notificacion en Espanol
Discrimination Complaint Form-Spanish
Discrimination Complaint Form-English
FOR INFORMATION OR TO REGISTER A COMPLAINT, CONTACT:
John M. Ybarra
State Equal Opportunity Officer
Kansas Department of Commerce
1000 SW Jackson Street, Suite 100
Topeka, KS 66612
The Kansas Department of Commerce is an equal opportunity employer/program. Auxiliary aids and services are available upon request to individuals with disabilities.