[Code of Federal Regulations]
[Title 29, Volume 1]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR37.54]

[Page 427-428]
 
                             TITLE 29--LABOR
 
PART 37_IMPLEMENTATION OF THE NONDISCRIMINATION AND EQUAL OPPORTUNITY 
PROVISIONS OF THE WORKFORCE INVESTMENT ACT OF 1998 (WIA)--Table of Contents
 
Subpart C_Governor's Responsibilities to Implement the Nondiscrimination 
                and Equal Opportunity Requirements of WIA
 
Sec. 37.54  What are a Governor's obligations to develop and maintain 
a Methods of Administration?

    (a) (1) Each Governor must establish and adhere to a Methods of 
Administration for State programs as defined in Sec. 37.4. In those 
States in which one agency contains both SESA or unemployment insurance 
and WIA Title I-financially assisted programs, the Governor should 
develop a combined Methods of Administration.
    (2) Each Methods of Administration must be designed to give a 
reasonable guarantee that all recipients will comply, and are complying, 
with the nondiscrimination and equal opportunity provisions of WIA and 
this part.
    (b) The Methods of Administration must be:
    (1) In writing, addressing each requirement of Sec. 37.54(d) with 
narrative and documentation;
    (2) Reviewed and updated as required in Sec. 37.55; and
    (3) Signed by the Governor.
    (c) [Reserved]
    (d) At a minimum, each Methods of Administration must:
    (1) Describe how the State programs and recipients have satisfied 
the requirements of the following regulations:
    (i) Sections 37.20 through 37.22 (assurances);
    (ii) Sections 37.23 through 37.28 (Equal Opportunity Officers);
    (iii) Sections 37.29 through 37.36 (Notice and Communication);
    (iv) Sections 37.37 through 37.41 (Data and Information Collection 
and Maintenance);
    (v) Section 37.42 (Universal Access);
    (vi) Section 37.53 (Governor's Oversight Responsibilities Regarding 
Recipients' Recordkeeping); and
    (vii) Sections 37.76 through 37.79 (Complaint Processing 
Procedures); and
    (2) Include the following additional elements:
    (i) A system for determining whether a grant applicant, if 
financially assisted, and/or a training provider, if selected as 
eligible under section 122 of the Act, is likely to conduct its WIA 
Title I--financially assisted programs or activities in a 
nondiscriminatory way, and to comply with the regulations in this part;
    (ii) A system for periodically monitoring the compliance of 
recipients with WIA section 188 and this part, including a determination 
as to whether each recipient is conducting its WIA Title I--financially 
assisted program or activity in a nondiscriminatory way. At a minimum, 
each periodic monitoring review required by this paragraph must include:
    (A) A statistical or other quantifiable analysis of records and data 
kept by the recipient under Sec. 37.37, including analyses by race/
ethnicity, sex, age, and disability status;
    (B) An investigation of any significant differences identified in 
paragraph (A) of this section in participation in the programs, 
activities, or employment provided by the recipient, to determine 
whether these differences appear to be caused by discrimination. This 
investigation must be conducted through review of the recipient's 
records and any other appropriate means; and
    (C) An assessment to determine whether the recipient has fulfilled 
its administrative obligations under section 188 or this part (for 
example, recordkeeping, notice and communication) and any duties 
assigned to it under the MOA;
    (iii) A review of recipient policy issuances to ensure they are 
nondiscriminatory;
    (iv) A system for reviewing recipients' job training plans, 
contracts, assurances, and other similar agreements to ensure that they 
are both nondiscriminatory and contain the required language regarding 
nondiscrimination and equal opportunity;
    (v) Procedures for ensuring that recipients comply with the 
requirements of Section 504 and this part with regard to individuals 
with disabilities;
    (vi) A system of policy communication and training to ensure that EO 
Officers and members of the recipients' staffs who have been assigned 
responsibilities under the nondiscrimination and equal opportunity 
provisions of WIA or this part are aware of and can

[[Page 428]]

effectively carry out these responsibilities;
    (vii) Procedures for obtaining prompt corrective action or, as 
necessary, applying sanctions when noncompliance is found; and
    (viii) Supporting documentation to show that the commitments made in 
the Methods of Administration have been and/or are being carried out. 
This supporting documentation includes, but is not limited to:
    (A) policy and procedural issuances concerning required elements of 
the Methods of Administration;
    (B) copies of monitoring instruments and instructions;
    (C) evidence of the extent to which nondiscrimination and equal 
opportunity policies have been developed and communicated as required by 
this part;
    (D) information reflecting the extent to which Equal Opportunity 
training, including training called for by Sec. Sec. 37.25(f) and 
37.26(c), is planned and/or has been carried out;
    (E) reports of monitoring reviews and reports of follow-up actions 
taken under those reviews where violations have been found, including, 
where appropriate, sanctions; and
    (F) copies of any notices made under Sec. Sec. 37.29 through 37.36.