Title: | Equal Opportunity Policy Statement and Plan | Date Implemented: | 4/1/2025 |
Subject: | Equal Opportunity | Date of Review: | 12/2025 |
Date Updated: | 12/2025 |
Equal Opportunity Policy Statement and Plan
The Upper Shore Workforce Investment Board serves a five-county region on Maryland's Eastern Shore, including Caroline, Dorchester, Kent, Queen Anne's, and Talbot Counties.
Our mission is to provide Career and Training services that will lead to employment that is relevant and supportive to the local five-county economy. We are committed to assisting employers by offering in-demand training options designed to qualify individuals for careers in the region.
The Upper Shore Workforce Investment Board shall provide the highest quality workforce services to the five-county UPPER SHORE area, allowing opportunity for advancement to workers of all ages and skill levels, and meeting the current and future needs of local employers.
The USWIB is part of the National American Job Center network, which is composed of high-performing, results-oriented workforce organizations that invest in communities with employment and training strategies, providing resources to employers and job seekers, and sustaining and growing the local economy.
Contents
USWIB and Chesapeake College 2
Title IV Rehabilitation Act of 1973, Amended 5
Title II ABE, ASE, ESOL, Perkins 5
Social Security Act Part A Title IV – TANF 6
Title V of the Older Americans Act –SCSEP 7
Community Services Block Grant Act 7
Department of Housing and Community Development 8
Meaningful access to all customers 9
Legal Remedies for Violations 11
Designation Of the Grievance and Complaint Officer 12
Description of compliance with ADA 14
CHESAPEAKE COLLEGE POLICIES 20
Equal Opportunity Employment Policy 20
Grievance Procedure – Exempt/Non-Exempt 22
Harassment and Bullying Policy 24
Plan Objective
The Equal Opportunity Plan is to provide a roadmap and guide for implementing policies and procedures for effectively handling all aspects of WIOA Section 188 Compliance. The plan was developed to demonstrate USWIB's commitment to Equal Opportunity in the delivery of WIOA Title I Adult, Dislocated Worker and Youth Services. In addition, the plan delineates the roles of the USWIB, Chesapeake College, Partners, Service Providers and Vendors. The plan is established to establish standards for accepting. evaluating and distributing complaints received within the local WIOA System that provides services to WIOA Title I Participants.
Within this plan, the USWIB has the role of operating WIOA Title I Programs and Services. USWIB is the lead entity relative to WIOA Section 188 compliance oversight. USWIB is the entity responsible for coordinating, reporting and monitoring WIOA Section 188 Compliance activities. Chesapeake College serves as the employer of record and fiscal agent for the USWIB as stated in the October 1, 2018, Joint Administrative Agreement.
It is against the law for this recipient of federal financial assistance to discriminate against any individual in the United States, 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.
The purpose of the Equal Opportunity Plan is to communicate to employees, job applicants, USWIB WIOA Participants, State and federal regulatory agencies, and members of the public, the agency's commitment to providing a work and customer environment free from discrimination, harassment, intimidation, coercion, and retaliation, as prohibited by law. The USWIB is establishing this plan to clearly articulate the board's policies in compliance with WIOA Section 188.
Ellen LaFrankie; Assistant Director
(Temporary designation until Executive Director is hired)
EDC -01 Chesapeake College, Wye Mills
PO Box 8
Wye Mills, MD 21679
410-822-1716
TTY: 1-800-735-225
The United States Department of Labor’s Civil Rights Center (CRC) concludes that a conflict of interest exists when an official responsible for executing and advising on personnel actions is also responsible for managing, advising, or overseeing the EO complaint process. This is because (1) EO complaints often challenge the motivation and impact of personnel actions and decisions; and (2) in order to maintain the integrity of the EO investigative and decision-making processes, the EO functions must be kept separate from the personnel function. Because the highest-level official in the organization usually makes the final personnel decisions, it would be an actual or apparent conflict of interest for that individual to also serve as the EO Officer. For WIOA programs and activities to function fairly and effectively, EO Officers must not be placed in a position where they have to make a choice – conscious or unconscious – between their responsibility for EO compliance and their other interests, whether these interests are personal in nature or related to their other organizational duties. The USWIB, then, reserves the right to ensure that the designation of the USWIB Executive Director as the Equal Opportunity Officer does not create a conflict of interest. The USWIB President will review all EO complaints and determine if a conflict of interest exists and implement a remedy if a conflict does exist.
It is the continuing policy of the USWIB to comply with all applicable Federal and State laws prohibiting employment discrimination and to provide equal opportunity to all employees and applicants for employment without regard to age, ancestry, color, creed, gender identity and expression, genetic information, marital status, mental or physical disability, national origin, race, religious affiliation (belief or opinion), sex, sexual orientation or any other protected status. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. Participation in a complaint process is protected from retaliation under all circumstances. Other acts to oppose discrimination are protected as long as the employee was acting on a reasonable belief that something in the workplace may violate EEO laws. In addition, USWIB is the non-profit entity charged with planning, implementing and delivering Title I WIOA Programs and Services within the Upper Shore WIOA Area. The USWIB is dedicated to the provision of services, outreach and partner collaboration that comply with WIOA Section 188. USWIB and its partners adhere to all applicable Federal and State laws prohibiting discrimination in employment and program service delivery including but not limited to:
USWIB is committed to promoting the full realization of equal opportunity which aims to eliminate discrimination based on factors which are irrelevant to job performance or program eligibility. Every effort will be made to ensure that all employment decisions, personnel actions and program eligibility are administered in conformance with State and Federal statutes and regulations governing equal employment and WIOA Program Eligibility, including (but not limited to) recruitment, selection, training, promotion, transfer, termination, and other benefits related to employment and WIOA Services. This commitment must be an integral part of every aspect of USWIB personnel policy and equal opportunity compliance with WIOA Section 188.
USWIB Equal Opportunity Officer is responsible for ensuring that full cooperation is provided by all agency employees in the processing and resolution of complaint matters and investigations within the agency.
USWIB EOO Designee: LWIOA Section 188 Compliance Umbrella Coordinator
USWIB Executive Director/Local EOO
Upper Shore Workforce Development Board at Chesapeake College
P.O. Box 8, Wye Mills, Maryland 21679
Phone: 410-822-1716
Partner EOO Designees & Referral Contacts
Service Agency - Maryland Department of Labor
Local Director
Labor Exchange Administrator, Department of Labor
Upper Shore American Job Center
301 Bay Street, Suite 301, Easton, MD 21601
Phone: 410-822-3030
TTY Number: 410-819-3610
dlwdaleastonjsoffice-LABOR@maryland.gov
Statewide MD-Labor Coordinator
Yvette Dickens, EEO Director & ADA/504 Officer
Office of Fair Practices (OFP)
100 S. Charles Street, 5th Floor, Baltimore, MD 21201
Phone: 410-230-6326
Yvette.dickens@maryland.gov
Title IV Rehabilitation Act of 1973, Amended –
Service Agency - Division of Rehabilitation Services (DORS)
Local Contact – Caroline, Dorchester, Queen Anne’s & Talbot
8737 Brooks Drive, Easton, MD 21601
Phone: 410-770-4646
Fax: 410-819-6840
Local Contact – Kent
Regional Administrator
10461 Mill Run Circle, Suite LL1, Owings Mills, Maryland 21117
Phone: 410-998-2040
Fax: 410-998-2063
Statewide Contact
Equity Assurance Officer
Equity Assurance & Compliance Office
Office of the Deputy State Superintendent for Finance and Administration
Maryland State Department of Education
200 W. Baltimore Street, Baltimore, Maryland 21201-2595
Phone (voice): 410-767-0426
Fax: 410-767-0431
TTY/TDD: 410-333-6442
https://dors.maryland.gov/consumers/Pages/about.aspx
Service Agency – Chesapeake College
Local Contact
Associate Vice President of Human Resources
1000 College Circle, Wye Mills, MD 21679
Dorchester Administration Building
Phone: 410-827-5811
Service Agency – County-based Department of Human Services
Caroline County – Local Contact
Director
Caroline County Department of Social Services
207 South Third Street, Denton, Maryland 21629
Phone: 410-819-4500
Fax: 410-819-4501
https://dhs.maryland.gov/local-offices/caroline-county/
Dorchester County – Local Contact
Director
Dorchester County Department of Social Services
2737 Dorchester Square, Cambridge, Maryland 21613
Phone: 410-901-4100
Fax Numbers: 410-901-1121
https://dhs.maryland.gov/local-offices/dorchester-county/
Kent County – Local Contact
Director
Kent County Department of Social Services
350 High Street/P.O. Box 670, Chestertown, MD 21620
Phone: 410-810-7600
Fax: 410-778-1497
https://dhs.maryland.gov/local-offices/kent-county/
Queen Anne’s County – Local Contact
Director
Queen Anne’s County Department of Social Services
125 Comet Drive, Centreville, MD 21617
Phone: 410-758-8000
Fax: 410-758-8110
TTY: 410-758-5164
https://dhs.maryland.gov/local-offices/queen-annes-county/
Talbot County – Local Contact
Director
Talbot County Department of Social Services
301 Bay Street, Unit 5 Easton, Maryland 21601
Phone: 410-770-4848
Fax: 410-820-7117
https://dhs.maryland.gov/local-offices/talbot-county/
Statewide Coordinator
ADA Coordinator/EEO Compliance Officer
Office of Employment and Program Equity
25 South Charles Street, Suite # 1860, Baltimore, MD 21201
Phone: 410-767-7861
https://dhs.maryland.gov/office-of-employment-and-program-equity/staff-information/
MAC, Inc. Local Contact – MAC, Inc. – Dorchester County Office
Executive Director
MAC, Inc., Area Agency on Aging
909 Progress Circle, Salisbury, MD 21804
Phone: 410-742-0505
https://macinc.org/
https://macinc.org/contact-us/
Local Contact – Caroline, Kent, Queen Anne’s & Talbot Counties
Labor Exchange Administrator
Department of Labor
Upper Shore American Job Center
Phone: 410-822-3030
Fax: 410-820-9966
TTY Number: 410-819-3610
dlwdaleastonjsoffice-LABOR@maryland.gov
Statewide MD-Labor Coordinator
Yvette Dickens, EEO Director & ADA/504 Officer
Office of Fair Practices (OFP)
100 S. Charles Street, 5th Floor, Baltimore, MD 21201
Phone: 410-230-6326
Yvette.dickens@maryland.gov
Maryland Rural Development Corporation – Caroline & Kent Counties
Executive Director
Administrative Offices
101 Cedar Lane, Greensboro, MD 21639
Phone: 410-482-2585
Fax: 410-482-4660
info@mrdc.net
Delmarva Community Services – Dorchester County
Executive Director
Administrative Offices
2450 Cambridge Beltway, Cambridge, MD 21613
Phone: 410-221-1900
www.dcsdct.org
https://www.dcsdct.org/contact.html
SHORE UP! Inc. – Queen Anne’s County
Executive Director
Central Administrative Offices
520 Snow Hill Road, Salisbury, MD 21804
Phone: 410-749-1142
Toll-free: 800-231-7950
Neighborhood Services Center – Talbot County
Executive Director
Administrative Offices
126 Port Street, Easton, MD 21601
Phone: 410-822-5015
Statewide Coordinator
Office Director
Office of Fair Practices Headquarters
7800 Harkins Road, Lanham, MD 20706
Phone: 301-429-7400
TTY: 711/800-735-2258
The Local Board understands that, while Section 188 of WIOA and 29 CFR Part 38 ensure equal opportunity for individuals with disabilities, sub-recipients may also be subject to the requirements of:
The USWIB will ensure that its sub-recipient agreements include Section 504 of the Rehabilitation Act compliance. The USWIB will monitor its sub-recipient agreements for Section 504 of the Rehabilitation Act compliance.
The USWIB will ensure that its sub-recipient agreements include Title I of the ADA compliance. The USWIB will monitor its sub-recipient agreements for Title I of the ADA compliance.
The USWIB will ensure that its sub-recipient agreements include Title II of the ADA compliance. The USWIB will monitor its sub-recipient agreements for Title II of the ADA compliance.
The USWIB will ensure that its sub-recipient agreements include Section 427 of the General Education Provisions Act compliance. The USWIB will monitor its sub-recipient agreements for Section 427 of the General Education Provisions Act compliance.
The USWIB will ensure that its sub-recipient agreements include Maryland Anti-Discrimination laws, including 5 Md. STATE GOVERNMENT Code Ann. §10-1101, which stipulates that oral language services must be delivered on-site for those in frequent contact with a service provider compliance. The USWIB will monitor its sub-recipient agreements for Maryland Anti-Discrimination laws, including 5 Md. STATE GOVERNMENT Code Ann. §10-1101, which stipulates that oral language services must be delivered on-site for those in frequent contact with a service provider compliance.
The USWIB acknowledges that it is subject to Section 188 of WIOA and 29 CFR Part 38 and may also be subject to the rules and regulations bulleted above.
The USWIB in its oversight of the WIOA Title I operations, will ensure staff are providing meaningful access to resources and services as described by the Equal Employment Opportunity Commission. All WIOA core Partners will be encouraged to provide meaningful access to those with Limited English Proficiency, which is described as "Language assistance that results in accurate and effective communication at no cost to the LEP individual”. For LEP individuals: meaningful access denotes access that is not significantly restricted or inferior compared to programs or services provided to English proficient individuals.
The USWIB will use its designated Equal Opportunity Officer and its One Stop Operator to understand, implement, investigate, and remedy any equal access issues that arise.
The USWIB is required to take reasonable steps to ensure meaningful access to their programs and activities by LEP persons. While designed to be a flexible and fact-dependent standard, the starting point is an individualized assessment that balances the following four factors: (1) The number or proportion of LEP persons served or encountered in the eligible service population; (2) the frequency with which LEP individuals come in contact with the program; (3) the nature and importance of the program, activity, or service provided by the USWIB; and (4) the resources available to the USWIB and costs.
After applying the above four-factor analysis, the USWIB may conclude that different language assistance measures are sufficient for the different types of programs or activities in which it engages. For instance, some of the USWIB’s activities will be more important than others and/or have greater impact on or contact with LEP persons, and thus may require more in the way of language assistance. The flexibility that the USWIB has in addressing the needs of the LEP populations they serve does not diminish, and should not be used to minimize, the obligation that those needs be addressed. The USWIB, as a United States Department of Labor sub-recipient should apply the four factors to the various kinds of contacts that they have with the public to assess language needs and decide what reasonable steps should be taken to ensure meaningful access for LEP persons.
The United States Department of Labor’s Civil Rights Center (CRC) concludes that a conflict of interest exists when an official responsible for executing and advising on personnel actions is also responsible for managing, advising, or overseeing the EO complaint process. This is because (1) EO complaints often challenge the motivation and impact of personnel actions and decisions; and (2) in order to maintain the integrity of the EO investigative and decision-making processes, the EO functions must be kept separate from the personnel function. Because the highest-level official in the organization usually makes the final personnel decisions, it would be an actual or apparent conflict of interest for that individual to also serve as the EO Officer. For WIOA programs and activities to function fairly and effectively, EO Officers must not be placed in a position where they have to make a choice – conscious or unconscious – between their responsibility for EO compliance and their other interests, whether these interests are personal in nature or related to their other organizational duties.
The USWIB EOO Designee will, based on the complaint, make directed and documented referrals of complainants to the partner, service provider, employer or vendor responsible for the entity’s EOO Compliance. Within this framework, the USWIB EOO Designee will take the role of facilitator, reporter, and informational resource coordinator with complaints that come under the compliance purview of the specific entity. In these situations, the USWIB EOO Designee will report the complaint, investigation and solution/decision outcome to the State and Federal WIOA Grantors. The USWIB EOO Designee will monitor the adherence by partners, service providers, vendors and employers to their compliance under the MOU/Contract between the USWIB and said organization. However, the USWIB EOO Designee will not impose or require the entity at question with any policy or procedure that exceeds the WIOA Board’s Charter and WIOA Compliance. In cases where the USWIB EOO Designee sees violations or perceived violations, the EOO Designee will share their concerns with the Statewide WIOA Section 188 Compliance EOO Designee Yvette Dickens, Maryland Civil Rights Commission and the Civil Rights Center for guidance, reporting and referral.
The USWIB EOO Designee will, based on the complaint, make directed and documented referrals of complainants to the partner, service provider, employer or vendor responsible for the entity’s EOO Compliance. Within this framework, the USWIB EOO Designee will take the role of facilitator, reporter, and informational resource coordinator with complaints that come under the compliance purview of the specific entity. In these situations, the USWIB EOO Designee will report the complaint, investigation and solution/decision outcome to the State and Federal WIOA Grantors. The USWIB EOO Designee will monitor the adherence by partners, service providers, vendors and employers to their compliance under the MOU/Contract between the USWIB and said organization. However, the USWIB EOO Designee will not impose or require the entity at question with any policy or procedure that exceeds the WIOA Board’s Charter and WIOA Compliance. In cases where the USWIB EOO Designee sees violations or perceived violations, the EOO Designee will share their concerns with the Statewide WIOA Section 188 Compliance EOO Designee Yvette Dickens, Maryland Civil Rights Commission and the Civil Rights Center for guidance, reporting and referral.
U.S. EEO laws provide courts and some agencies with a broad array of legal remedies for EEO violations, including:
The USWIB has designated the USWIB Executive Director as the grievance and complaint officer for compliance with Equal Opportunity (EO) for the USWIB itself. The USWIB role related to EO in the One Stop system is to designate an EO Officer to act in an Information and Referral role with the EO Officers designated for each American Job Center Partner. The USWIB will determine the role of the One Stop Operator in the implementation of Equal Opportunity and may include the EO Information and Referral functions in the RFP for the One Stop Operator. If the USWIB does not include the functions in the One Stop Operator RFP, the USWIB will designate an EO Officer for the American Job Center Information and Referral role.
The USWIB in its role as convener of the American Job Center system will facilitate EO concerns for AJC Partners based on the chart below. The USWIB Executive Director will be responsible for assisting a complainant with identifying the EO Officer for an AJC Partner.
Partner | Expertise | EO Responsibility |
USWIB | LWDB, Local Plan, MOU/RSA, OSO, Title I | Executive Director USWIB/Designated EO Officer |
Title I | Adult Services, Youth Services | Adult/Youth: Executive Director USWIB/Designated EO Officer HR: Chesapeake College Human Resources Director |
Title II | ABE, ASE ESOL | Chesapeake College Human Resources Director |
Title III | Wagner-Peyser | Director and ADA/504 Officer |
Title IV | Rehabilitation Act of 1973 Amended | Maryland State Department of Education Agency Equity Officer |
TANF | Social Security Act Part A Title IV | Director Office of Employment and Program Equity |
Trade Act | Trade Adjustment Assistance Reauthorization Act of 2015 | Director and ADA/504 Officer |
Jobs for Veterans State Grant | Jobs for Veterans Act of 2002 | Director and ADA/504 Officer |
Migrant and Seasonal Farmworkers | Workforce Innovation and Opportunity Act | Director and ADA/504 Officer |
Unemployment Insurance | Unemployment insurance provides workers, whose jobs have been terminated through no fault of their own, monetary payments for a given period of time or until they find a new job. | Director and ADA/504 Officer |
Senior Community Services Employment Program | Title V of the Older Americans Act | Director and ADA/504 Officer Director MAC, Inc |
Community Services Block Grant | Community Services Block Grant Act | Director Office of Fair Practices |
Perkins Act | Carl D. Perkins Vocational and Technical Act | Chesapeake College Director of Human Resources |
A Customer may request an accommodation by contacting:
Executive Director
EDC-01 Chesapeake College, Wye Mills
PO Box 8, Wye Mills, MD 21679
Phone: 410-822-1716
TTY: 1-800-735-2258
The United States Equal Employment Opportunity Commission, United States Department of Justice Civil Rights Division, Americans with Disabilities Act Questions and Answers defines reasonable accommodation as any modification or adjustment to a job or work environment that will enable a qualified applicant or employee with a disability to participate in the application process or to perform essential job functions. Reasonable accommodation also includes adjustments to ensure that a qualified individual with a disability has rights and privileges in employment equal to those of employees without disabilities. The USWIB through the Upper Shore Workforce Investment Board Administrative Agreement uses the Chesapeake College hiring, employment and policies related to Equal Opportunity.
If a USWIB member or a member of the public requests an accommodation relative to a USWIB specific activity, for example, a USWIB meeting, the Executive Director will be responsible for determining reasonable accommodation.
Reasonable Accommodation in the American Job Centers will be addressed by the American Job Center Partners in the Memoranda of Understanding through the designation of a fiscal agent for the American Job Center location.
The USWIB will include grant assurances with all WIOA contracts for consultants, vendors and sub recipients that include reasonable accommodation as an assurance.
The USWIB will review all vendors included on the Eligible Training Provider List and used by Upper Shore funded training customers to verify that training vendors have a reasonable accommodation policy.
The United States Equal Employment Opportunity Commission, United States Department of Justice Civil Rights Division, Americans with Disabilities Act, Questions and Answers articulate that the Americans with Disabilities Act prohibits discrimination in all employment practices, including job application procedures, hiring, firing, advancement, compensation, training, and other terms, conditions, and privileges of employment. It applies to recruitment, advertising, tenure, layoff, leave, fringe benefits, and all other employment-related activities.
The USWIB through the Upper Shore Workforce Investment Board Administrative Agreement with Chesapeake College places employment practices under the policies of Chesapeake College.
Description of policy to ensure communication for visual and hearing impairments: Visual and hearing impairments are a sub-group of disabilities; reasonable accommodation will be implemented with the goal of communicating effectively.
No otherwise qualified individual with a disability in the United States, as defined in section 705 (20) of the Rehabilitation Act of 1973, shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefit s of, or be subjected to discrimination und er any program or activity receiving Federal financial assistance or und er any program or activity conducted by any Executive agency or by the United States Postal Service. The head of each such agency shall promulgate such regulations as may be necessary to carry out the amendments to this section made by the Rehabilitation, Comprehensive Services, and Development Disabilities Act of 1978. Copies of any proposed regulations shall be submitted to appropriate.
For the purposes of this section, the term "program or activity" means all the operations of -
(l)(A) a department, agency, special purpose district, or other instrumentality of a State or of a local government; or
(B) the entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government.
(2)(A) a college, university, or other postsecondary institution, or a public system of higher education; or
(3)(A) an entire corporation, partnership, or other private organization, or an entire sole proprietorship --
(B) the entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or
Small providers are not required by subsection (a) to make significant structural alterations to their existing facilities for the purpose of assuring program accessibility, if alternative means of providing the services is available. The terms used in this subsection shall be construed with reference to the regulations existing on March 22, 1988.
The standards used to determine whether this section has been violated in a complaint alleging employment discrimination under this section shall be the standards applied under title I of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et seq.) and the provisions of sections 501 through 504, and 510, of the Americans with Disabilities Act of 1990 (42 U.S.C. 12 201- 12204 and 12210), as such sections related to employment.
Section 794a.
(a) (l) The remedies, procedures, and rights set forth in section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16), including the application of sections 706(f) through 706 (k) [42 U.S.C. 2000e-5(f) through k)] shall be available, with respect to any complaint under section 791 of this title, to any employee or applicant for employment aggrieved by the final disposition of such complaint, or by the failure to take final action on such complaint. In fashioning an equitable or affirmative action remedy under such section, a court may consider the reasonableness of the cost of any necessary workplace accommodation, and the availability of alternative therefor or other appropriate relief to achieve an equitable and appropriate remedy.
(2) The remedies, procedures, and rights set forth in title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq) shall be available to any person aggrieved by any act or failure to act by any recipient of Federal assistance or Federal provider of such assistant under section 794 of this title.
The USWIB will work with the Upper Shore One Stop Operator to identify staff training needs and implement staff training as professional development for the Upper Shore American Job Center network.
Auxiliary Aids and Services for Persons with Disabilities
The USWIB will take appropriate steps to ensure that persons with disabilities, including persons who are deaf, hard of hearing, or blind, or who have other sensory or manual impairments, have an equal opportunity to participate in our services, activities, programs, and other benefits. The procedures outlined below are intended to ensure effective communication with patients/ clients involving their medical conditions, treatment, services, and benefits. The procedures also apply to, among other types of communication, communication of information contained in important documents, including waivers of rights, consent to treatment forms, financial and insurance benefits forms, etc. All necessary auxiliary aids and services shall be provided without cost to the person being served.
All staff will be provided written notice of this policy and procedure, and staff that may have direct contact with individuals with disabilities will be trained in effective communication techniques, including the effective use of interpreters.
PROCEDURES:
The USWIB provides notice of the availability of and procedure for requesting auxiliary aids and services through notices on our letterhead and email signature. When an individual self-identifies as a person with a disability that affects the ability to communicate or to access or manipulate written materials or requests an auxiliary aid or service, staff will consult with the individual to determine what aids or services are necessary to provide effective communication in particular situations.
The USWIB shall provide the following services or aids to achieve effective communication with persons with disabilities:
If an interpreter is needed, the Equal Opportunity Officer, 410-822-1716 is responsible for:
The USWIB utilizes relay services for external telephone with TTY users. We accept and make calls through a relay service. The state relay service number is 7-1-1.
Note-takers; computer-aided transcription services; telephone handset amplifiers; written copies of oral announcements; assistive listening devices; assistive listening systems; telephones compatible with hearing aids; closed caption decoders; open and closed captioning; telecommunications devices for deaf persons (TDDs); videotext displays; or other effective methods that help make aurally delivered materials available to individuals who are deaf or hard of hearing.
Some persons who are deaf or hard of hearing may prefer or request to use a family member or friend as an interpreter. However, family members or friends of the person will not be used as interpreters unless specifically requested by that individual and after an offer of an interpreter at no charge to the person has been made by the facility. Such an offer and the response will be documented in the person's file. If the person chooses to use a family member or friend as an interpreter, issues of competency of interpretation, confidentiality, privacy, and conflict of interest will be considered. If the family member or friend is not competent or appropriate for any of these reasons, competent interpreter services will be provided.
NOTE: Children and other residents will not be used to interpret, to ensure confidentiality of information and accurate communication.
Qualified readers; reformatting into large print; taping or recording of print materials not available in alternate format; or other effective methods that help make visually delivered materials available to individuals who are blind or who have low vision. In addition, staff are available to assist persons who are blind or who have low vision in filling out forms and in otherwise providing information in a written format.
To ensure effective communication with persons with speech impairments, staff will contact Equal Opportunity Officer 410-822-1716/ who is responsible to provide the aids and services in a timely manner:
Staff will assist those who have difficulty in manipulating print materials by holding the materials and turning pages as needed, or by providing one or more of the following:
Note-takers; computer-aided transcription services; speakerphones; or other effective methods that help to ensure effective communication by individuals with manual impairments. For these and other auxiliary aids and services, staff will contact Equal Opportunity Officer 410-822-1716 who is responsible to provide the aids and services in a timely manner.
A description of the steps the Local Board will take to meet the language needs of individuals with Limited English Proficiency who seek services or information. The description should include how the Local Board proposes that information will be disseminated to individuals with Limited English Proficiency, including using oral interpretation and written translation services in accordance with Maryland Anti-Discrimination laws, including 5 Md. STATE GOVERNMENT Code Ann. §10-1101, which stipulates that oral language services must be delivered on-site for those in frequent contact with a service provider.
The United States Department of Labor (USDOL) has resources available for grant recipients through its Limited English Proficient (LEP) Toolkit. The USWIB will encourage all One Stop Partners to take advantage of the USDOL LEP Toolkit to address language needs in the American Job Centers. The USWIB recognizes that federal agencies may have similar toolkits and resources available for grant recipients other than USDOL recipients. The USWIB will include LEP language in the Memoranda of Understanding negotiations and ensure that LEP is addressed in the agreement.
The United States Census Bureau provides data on “Language Spoken at Home”. The data is the table below is from the 2023 American Community Survey.
Language | Caroline County | Dorchester County | Kent County | Queen Anne’s County | Talbot County |
Population | 33293 | 32531 | 19198 | 49874 | 37526 |
Percentage English | 91% | 94% | 94% | 94% | 90% |
Percentage Spanish | 6.5% | 4% | 4% | 4% | 7% |
Percentage Other Language | 2.5% | 2% | 2% | 2% | 3% |
The USWIB will review American Fact Finder data on an annual basis to determine the LEP impact on the delivery of services and provide information to the American Job Center Partners to assist in integrating LEP customers.
"...a requirement of translation of vital documents ordinarily provided to the public into any language spoken by any limited English proficient population that constitutes 3% of the overall population with the geographic area serviced by a local office a state program as measured by the United States Census (MD State Government Ann 10-1033(b)(2i))”
"...the purpose of the LEP Plan is not to create new services but to eliminate or reduce limited English proficiency as a barrier or impediment to accessing ...core services. "
Languages identified in a particular area that constitute 3% or more spoken by the local population must have vital documents available in the translated language. DLLR OFP describes " vital documents in the Agency's LEP Plan as the following:
"Vital documents" are documents that convey information that critically affects the ability of the program recipient to make decisions about his or her participation in the program. Vital documents include/ but are not limited to applications/ public notices/ consent forms/ letters containing important information regarding participation in a program/ eligibility rules/ notices pertaining to the reduction denial or termination of benefits/ right to appeal notices advising the availability of language assistance/ and outreach and community education materials. "
"Regulations also provide the following:
(g) With regard to vital information: (1) ...must translate vital information in written materials into these languages and make the translations readily available in hard COP½ up o n r e ques t, or
Electronically such as on a web site/ and ...for those languages not significantly represented the program must take reasonable steps to meet the particularized language needs of LEP individuals " Thus, efforts to translate USWIB program "vital documents" in Spanish are underway to ensure that Limited English Proficient (LEP) and language applicants and learners receive the resources they will need to apply, engage and participate in training programs.
The USWIB has developed an ambitious professional development plan that will include training frontline AJC staff for compliance regarding the inclusion of oral interpretation and written translation services in accordance with Maryland Anti-Discrimination laws, including Code Ann.§10-1102-1103, which stipulates that oral language services must be delivered on-site for those in frequent contact with a service provider. The USWIB has contracted with the following vendors to ensure these services will be available as needed:
Maryland Department of Budget and Management’s (DBM) Statewide Foreign Language Interpretation/Translation Services (FLITS) resources represent that these service providers are approved vendors procured through the state of Maryland, and offer on-site oral and written services, as well as video chat formats available for remote or rural location.
Section: 7 – Human Resources Page: 1 of 2
Subject: Equal Opportunity Employment Policy Date: 4/24/2015
Contact: Director of Human Resources Rev: 9/24/2020
Chesapeake College is committed to a policy of equal opportunity for all persons so that no person, on the basis of race, color, religion, creed, age, national origin, ancestry, sex, gender identity, marital status, genetic information, disability, pregnancy, military status, sexual orientation, or any other class protected by law, shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity of this college. Under this policy, this college will not discriminate against any person on the grounds of race, color, religion, creed, age, national origin, ancestry, sex, gender identity, marital status, genetic information, disability, pregnancy, military status, sexual orientation, or any other class protected by law, in its admission policies and practices of the college relating to the treatment of students or other people in employment, the providing of services, financial aid, and other benefits and including the use of any building, structure, room, materials, equipment, facilities, or any other property.
Chesapeake College, as a recipient of federal financial assistance, is required by Title IX of the Education Amendments of 1972, as amended, not to discriminate on the basis of sex in the educational programs or activities that it operates. Chesapeake College is also covered by and complies with Title VI and Title VII of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color or national origin, the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1975, both of which prohibit discrimination on the basis of disability. The college is also covered by federal and state laws prohibiting discrimination in employment. The Director of Human Resources serves as the college’s Equal Opportunity Officer, and is the designated compliance officer under Title VI, Title VII, Title IX, Section 504 and ADA Title II.
Any person who believes he/she has been subjected to any form of prohibited discrimination, including violations of any of these laws, may file a complaint of discrimination with the Director of Human Resources. Copies of the complaint procedure will be provided on request. All complaints will be investigated by the college, and if a violation is found, prompt corrective action will be taken. Persons dissatisfied with the results may appeal to the college President.
To ensure the implementation of this policy, Chesapeake College’s Board of Trustees, administration, faculty, and staff have approved the following positive action procedures and goals:
A. The college does and will continue to seek women and members of minority groups for all job openings. Job announcements will contain the college’s Affirmative Action Statement. Job openings will be fully publicized in various types of media.
B. The college does and will continue to ensure that job qualifications are stated in such a manner that there are no barriers to full opportunity to application.
C. The college does and will continue to provide equal promotional opportunities for women and members of minority groups.
D. The college does and will continue to maintain the same salary scales for job levels for all employees.
E. The college does and will continue to provide equal employee benefits and conditions of employment for all employees.
F. The college does and will continue to recruit actively and to admit students to all curriculums regardless of race, color, religion, creed, age, national origin, ancestry, sex, gender identity, marital status, genetic information, disability, pregnancy, military status, sexual orientation, or any other class protected by law. All requests for medical, pregnancy, childbirth, and parental leaves of absences will be processed in accordance and comply with the Federal Family Medical Leave Act.
H. The college does and will continue to encourage the development of academic studies in areas that emphasize the role and status of women and minority groups.
I. The college does and will continue to provide opportunities for upgrading faculty and staff with equal consideration for women and minority groups.
J. The college does and will continue to make determined efforts to include women and minority groups in the membership of campus committees and task forces.
Section: 7 – Human Resources Page: 1 of 4
Subject: Grievance Procedure – Exempt/Non-Exempt Date:
Contact: Director of Human Resources Rev: 4/24/2015
Exempt/non-exempt staff will be allowed a forum for the discussion and resolution of matters of concern.
PURPOSE
The complaint and grievance procedures are designed to provide for the prompt and equitable resolution of an employee’s or a group of employees’ concerns in matters pertaining to misinterpretation, misapplication, or violation of the college’s policies relating to wages, hours of employment, and/or other terms or conditions of employment. These procedures are not designed to affect changes in established policies of the college.
DEFINITIONS
A. Complaint: A complaint is an informal claim by an employee of unfair or arbitrary treatment. A complaint may, but need not, constitute a grievance.
B. Grievance: A grievance is a formal statement by a member of the staff of a difference or dispute between a staff member and his/her supervisor or between exempt/non-exempt staff members and any college administrative official with respect to the application of the provision of the rules, policies, procedures, and regulations of the college as they affect the work activity of the individual staff member, except those pertaining to discrimination based on race, color, religion, creed, age, national origin, ancestry, sex/gender, gender identity, marital status, genetic information, disability, pregnancy, military status, sexual orientation, or any other class protected by law (see Workplace Harassment-Discrimination Complaints policy for the process of handling those complaints).
C. Working Day: Any business day when the college is officially open.
D. Hearing Panel: The Hearing Panel is a group established by the President to provide membership on the Grievance Review Panel.
E. Grievance Review Panel: The Grievance Review Panel is an Ad Hoc Committee created for the purpose of reviewing grievances after the formal supervisory steps have failed to resolve the grievance.
COMPLAINT PROCEDURE
A. Flexibility of informal discussion often results in a solution of employment concerns more easily and quickly than a formal procedure. An employee who has an employment concern should first discuss it with his/her supervisor.
B. The complaint may also be brought to the attention of the Director of Human Resources for help in resolving the concern.
C. An employee may request the assistance of a mediator in handling a complaint. Mid Shore Mediation (http://www.midshoremediation.org/ or 410-820-5553) offers its services at no cost to the public.
D. In the event that the above procedures are not effective or not appropriate for resolving the concern, a formal grievance may be filed.
ASSURANCES
In presenting a grievance, an employee and his/her representative shall be assured freedom from restraint, interference, coercion, discrimination, or reprisal. Hearings held under this procedure shall be conducted at a time and place that will afford a fair and reasonable opportunity for all parties to the grievance to attend.
TIME LIMITS
To assure prompt attention, grievances (other than dismissal) shall be submitted within five working days of the event prompting the grievance. A grievance prompted by dismissal shall be submitted within ten working days of written notification of the dismissal. If the grievance is not filed within the designated time limit, the individual shall have waived his right to pursue a grievance. Time limits at all levels of the grievance process may be extended by written consent of the parties involved.
GRIEVANCE PROCEDURE
A. Step I
1. A grievance is presented in writing to the employee’s immediate supervisor on the Grievance Review Form. (This form and assistance in its preparation can be obtained from the Human Resources Office.)
2. The employee personally submits the Grievance Review Form for discussion to the immediate supervisor. He/she may select a fellow employee to appear as a witness.
3. The supervisor should make every effort to resolve the grievance at the initial step. If the grievance cannot be mutually settled by the employee’s immediate supervisor, the supervisor should indicate in writing to the employee the steps that were taken to resolve the problem with a copy to the Human Resources Office within four working days after the grievance was presented.
4. The first three steps are repeated until all levels of supervisors but not including the President have been involved. The employee has two working days to submit the grievance to the next supervisory level. The original form should move through all levels of supervision with each individual’s reply attached.
B. Step II
1. If the employee bringing a grievance is not convinced that a satisfactory resolution has been reached through the process described in Step I, then the employee may submit a formal appeal to the President to establish a Grievance Review Panel for further review of the grievance. This appeal must be received by the President two working days after the employee has the response from the last level of supervision described in Step I, 4. Upon receipt of the appeal, the President, consistent with the policy, will establish the Grievance Review Panel and provide written notice to all parties involved in the process described in Step I, that an appeal has been filed. The President shall secure from the employee making the appeal a signed statement allowing the Panel access to the employee’s personnel records pertinent to the grievance. At all steps of the grievance procedure, the grievant shall have the right to require the production of relevant records relating specifically to the particular grievance in question, and upon reasonable notice to the chairman of the Grievance Review Panel before whom the grievance is presented.
2. The President has ten working days to establish the Grievance Review Panel and the Grievance Review Panel has ten working days to decide if the matter is grievable and, if so, and an additional ten working days to resolve the grievance. The Panel may hear testimony from all persons having a direct connection with the grievance and will decide as to the relevancy of evidence or testimony. The Director of Human Resources or his designee may attend, when requested, as a non-voting participant on the Grievance Review Panel only for the purpose of clarifying questions as to policy.
3. The recommendation of the Panel will be based upon the evidence presented, policies and procedures of the college, and federal and state regulations which might have a bearing on the complaint. The Panel shall provide a written statement of its recommendation to all parties concerned. The recommendation of the Panel will be forwarded to the President for final decision on the grievance. Written communication from the President will be provided to all concerned parties within ten working days.
GRIEVANCE REVIEW PANEL
There shall be a Grievance Review Panel consisting of the officers of the Staff Assembly. For each grievance, the President shall select by lot two members from each group of the Grievance Review Panel. The designated members of the Grievance Review Panel shall then select a fifth member from the Hearing Panel to form the Grievance Review Panel. No member of the Grievance Review Panel may be selected who is a party to the grievance. The Grievance Review Panel shall elect a chairman.
Section: 7 – Human Resources Page: 1 of 4
Subject: Harassment and Bullying Policy Date: 10/22/2015
Contact: Director of Human Resources Rev: 9/24/2020
It is the policy of Chesapeake College to promote a productive work environment and not to tolerate verbal or physical conduct by any employee that harasses, disrupts or interferes with another’s work performance or that creates an intimidating, offensive, bullying or hostile environment.
Harassment:
1. Employees are expected to maintain a productive work environment that is free from harassing or disruptive activity. No form of harassment will be tolerated, including harassment for the following reasons: race, color, religion, creed, age, national origin, ancestry, sex, gender identity, marital status, genetic information, disability, pregnancy, military status, sexual orientation, or any other class protected by law. Special attention should be paid to the prohibition of sexual harassment.
2. Each supervisor and manager has a responsibility to keep the workplace free of any form of harassment, and in particular, sexual harassment. No supervisor or manager is to threaten or insinuate, either explicitly or implicitly, that an employee’s refusal or willingness to submit to sexual advances will affect the employee’s terms or conditions of employment.
3. Other sexually harassing or offensive conduct in the workplace, whether committed by supervisors, managers, nonsupervisory employees, students, vendors, suppliers, third parties or anyone under college control, also is prohibited. This conduct includes:
Any of the above conduct, or other offensive conduct, directed at individuals because of their race, color, religion, creed, age, national origin, ancestry, sex, gender identity, marital status, genetic information, disability, pregnancy, military status, sexual orientation, or any other class protected by law also is prohibited.
These types of behaviors are unacceptable on Chesapeake College campuses, in other work settings such as college business trips and at college-related social and athletic events. All college employees and particularly managers have a responsibility for keeping the work environment free of harassment.
4. Chesapeake College must be made aware of the discrimination or harassment before it can act to prevent or stop it. The college cannot take corrective action unless it has knowledge that a problem exists. Any incident or situation that an employee or individual under the college’s control experiences should be brought to the attention of the employee’s supervisor, the supervisor’s supervisor, or Human Resources within 30 days of the incident or situation. It is also recommended, but not required, that an employee firmly and promptly notify the offender that his/her behavior is unwelcome. Any supervisor or manager who becomes aware of any possible discrimination or harassment should immediately advise Human Resources, regardless of whether the employee who has the complaint wants the supervisor/manager to do so.
5. Any individual who is accused of harassment by others, including other employees or students, will be given due process under existing college policies.
6. If an employee makes the college aware of a complaint of discrimination or harassment, Chesapeake College is obligated by law to investigate and, if appropriate, take prompt remedial action. For this reason, if a complaint of discrimination or harassment is brought to our attention, we will investigate, regardless of whether the employee who brought forward the complaint wants the college to do so. Chesapeake College will promptly and thoroughly investigate the facts and circumstances of any claim of harassment and will do its best to maintain the confidentiality of the complaint and the complaining employee to the extent practical and appropriate under the circumstances.
7. Any employee, supervisor, or manager who is found to have violated the harassment policy will be subject to appropriate disciplinary action, up to and including termination. The college prohibits any form
of retaliation against employees for bringing bona fide complaints or providing information about harassment. Retaliation is a serious violation of this policy, and any retaliation also should be reported immediately. Any person found to have retaliated against another individual for reporting harassment will be subject to disciplinary action, up to and including termination. Any individual who intentionally makes a false claim of discrimination or harassment is subject to discipline, up to and including termination.
Bullying Behavior:
Bullying behavior is often persistent and part of a pattern, but it can also occur as a single incident. It is usually carried out by an individual but can also be an aspect of group behavior. Examples include:
Questions regarding this policy, or its application to any situation, should be referred to Human Resources.
The Upper Shore Workforce Investment Board is an equal opportunity employer/program. Auxiliary aids are available upon request to individuals with disabilities. ∙ Serving Caroline, Dorchester, Kent, Queen Anne’s & Talbot Counties ∙ Stevens Amendment: https://bit.ly/USWIB_StevensAmendment ∙ PO Box 8, Wye Mills, MD 21679 ∙ 410.822.1716 ∙ TDD: 410-822-9164 ∙ Fax: 410.827.5874 ∙ www.uswib.org
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