Equal Opportunity Statement

Equal Opportunity is the Law (29 CFR Part 38.35)

It is against the law for this recipient of federal financial assistance to discriminate on the following bases:

The recipient must not discriminate in any of the following areas:

Recipients of federal financial assistance must take reasonable steps to ensure that communication 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 individuals with disabilities.

What to do if 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:

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 may file a complaint with CRC before receiving that Notice. 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 on 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.

The following provisions apply specifically to Employment Service operations conducted by KANSASWORKS, which provides the job results that display in ReEmployKS. States shall:

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. But, employers may not treat people with the same criminal records differently because of their race, national origin, or another protected characteristic. In addition, unless required by federal law or regulation, employers may not automatically bar everyone with an arrest or conviction record from employment. This is because an automatic bar to hiring everyone with a criminal record is likely to unjustifiably 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 disparate impact on Title VII-protected individuals, it must be job related and consistent with business necessity. For more information:

http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm

http://www.eeoc.gov/laws/guidance/qa_arrest_conviction.cfm

https://csgjusticecenter.org/wp-content/uploads/2012/11/Reentry_Council_Mythbuster_Employment.pdf

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:

https://www.consumer.ftc.gov/articles/0157-background-checks

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.

To Register a Complaint, Contact

For additional information about these notices or to register a formal complaint about a KANSASWORKS job order or services received in a KANSASWORKS AJC contact:

John M. Ybarra, CPM
WIOA Equal Opportunity Officer
Kansas Department of Commerce - Regulatory Compliance
1000 S.W. Jackson Street, Suite 100
Topeka, KS 66612
(785) 296-5092
TTY: 711 or 1-800-766-3777
Email: John.Ybarra@ks.gov
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