Harassment, Discrimination, and Retaliation Policy

Issuance No: A27
Issuance Date: July 1, 2018
Subject: Harassment, Discrimination, and Retaliation Policy

I. Introduction

All Workforce Innovation and Opportunity Act (WIOA) Title I financially assisted entities must have policies that:

1. Prohibit employees and non-employees from harassing or discriminating against staff,
customers, and partner employees; and
2. Prohibit retaliation against harassment or discrimination complainants.

II. Background

Section 188 of WIOA and the nondiscrimination and equal opportunity provisions of 29 CFR Part 38 prohibits discrimination on the basis of race, color, religion, sex (including pregnancy, childbirth, and related medical conditions, sex stereotyping, transgender status, and gender identity), national origin (including limited English proficiency), age, disability, or political affiliation or belief, or, against any beneficiary of, applicant to, or participant in programs financially assisted under Title I of the Workforce Innovation and Opportunity Act, on the basis of the individual’s citizenship status or participation in any WIOA Title I-financially assisted program or activity.

A WIOA Title I recipient must not discharge, intimidate, retaliate, threaten, coerce or discriminate against any individual because the individual has (1) Filed a complaint alleging a violation of Section 188 of WIOA or this part; (2) Opposed a practice prohibited by the nondiscrimination and equal opportunity provisions of WIOA or this part; (3) Furnished information to, or assisted or participated in any manner in, an investigation, review, hearing, or any other activity related to any of the following: (i) Administration of the nondiscrimination and equal opportunity provisions of WIOA or this part; (ii) Exercise of authority under those provisions; or (iii) Exercise of privilege secured by those provisions; or (4) Otherwise exercised any rights and privileges under the nondiscrimination and equal opportunity provisions of Section 188 of WIOA or the provision of 29 CFR Part 38.

To comply with the regulations listed above, DWD requires that all Local Workforce Development Boards (Local WDB), partner agencies, and subrecipients develop and implement policies that: (1) prohibit employees and non-employees from harassing, discriminating against, intimidating, or retaliating against staff, customers, and partner employees.

III. Compliance

In accordance with Missouri Division of Workforce Development (DWD) Issuance 33-2017 (dated June 26, 2018) and its attached DED-DWD Harassment, Discrimination, and Retaliation Policy (dated March 15, 2018), the Northwest Workforce Development Board, staff, and sub-recipients of WIOA Title I funds must comply with said Issuance, which includes:

1. Guidelines and accommodations for religious beliefs and practices to comply with
Title VII of the Civil Rights Act of 1964;
2. Criteria for the presence of a service animal as an accommodation to
employees/customers in the Job Centers and workplace; and
3. Harassment, discrimination, and retaliation rules which cover (but are not limited to):

  •  Misuse of social media during or beyond normal work hours;
  •  Clarification of the scope of sexual harassment; and
  •  Extension of employee rights to cover interns.

Definitions and descriptions of harassment, discrimination and retaliation can be found in the DED-DWD policy noted above and must be adhered to in order to remain compliant with 29 CFR Part 38.

Any employee or the Workforce Development Board who believes they have been retaliated against should immediately inform his/her supervisor or the proper authority as outlined in the North Central Missouri College Employee Handbook.

If a customer, participant, applicant of employment or employee (including partner employees) believes he or she is the victim of discrimination or retaliation, he or she may file a complaint with:

Director, Civil Rights Center (CRC)
U.S. Department of Labor,
200 Constitution Avenue NW, Room N-4123,
Washington, DC 20210
or electronically as directed on the CRC Web site at www.dol.gov/crc

Danielle Smith, WIOA State Equal Opportunity Officer
421 E. Dunklin
Jefferson City, MO 65101
(573) 751-2428 or email at: danielle.smith@ded.mo.gov

Brent Stevens, Local WIOA Equal Opportunity Officer
912 Main Street
Trenton, MO 64683
(660) 357-6234 or email at: bstevens@mail.ncmissouri.edu

Missouri Commission on Human Rights
3315 W. Truman Blvd., Room 212
P.O. Box 1129
Jefferson City, MO 65102-1129
(573) 751-3325
Toll-Free Complaint Hotline: 1-877-781-4236; Relay Missouri: 711

U.S. Equal Employment Opportunity Commission
2-800-669-6820 (TTY for Deaf/Hard of Hearing callers only)
1-800-234-5122 (ASL Video Phone for Deaf/Hard of Hearing calls only)

Kristi Harris, North Central Missouri College Chief of Staff
1301 Main Street
Trenton, MO 64683
(660) 357-6203

All Northwest Workforce Development Board sub-recipients must have policies and procedures implemented and enforced within their organization to address Harassment, Discrimination and Retaliation.

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