Marcia Hultman

Cabinet Secretary

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Equal Opportunity to WIOA Title I Services

The South Dakota Department of Labor and Regulation (DLR) is committed to a policy of nondiscrimination and equal opportunity in accordance to 29 CFR 38. DLR is the state-level agency designated to administer Workforce Innovation and Opportunity Act (WIOA), Employment Services (ES), and Reemployment Assistance (RA) programs.

The Governor appointed the Cabinet Secretary to serve as the South Dakota signatory authority for all discriminatory and equal opportunity matters concerning WIOA Title I financially assisted programs (see Element 1, Exhibit C). The EO Officer is senior-level state employees who is designated by the Cabinet Secretary of DLR. The EO Officer reports directly to the Cabinet Secretary on all matters concerning nondiscrimination and equal opportunity under WIOA Title I financially assisted program (see Element 1, Exhibit A).

DLR is an Equal Opportunity employer/program. Auxiliary aids and services are available upon request to individuals with disabilities. Persons who are deaf, hard-of-hearing, or speech-disabled may call Relay South Dakota at 711. If calling outside of South Dakota, call 877.866.8950.

Filing a WIOA Title I Discrimination Complaint:

If you think you have been subjected to discrimination under a WIOA Title I assisted program or activity, you may complete an ETA 8429 form and send it to either South Dakota Equal Opportunity Officer or the Civil Rights Center. More information on filing a complaint can be found in Element 8 – Complaint Processing Procedures below.

Filing a non-WIOA Title I Discrimination Complaint:

If you are filing a discrimination complaint for a non-WIOA Title I financially assisted program, including a discrimination complaint against Reemployment Assistance (RA), you will need to file with DLR’s Division of Human Rights.

If you are filing a Wage and Hour Complaint, you will need to contact our Wage and Hour Investigator at 605.773.3682. For additional information, please go to DLR's Employment Laws site.

State Equal Opportunity Officer

Derek Gustafson
Equal Opportunity Officer
123 W. Missouri Ave.
Pierre, SD 57501

Job Service Office Coordinators

DLR Job Service office managers and supervisors listed on the Job Service office webpage.

Nondiscrimination Plan

Element 1 – Designation of state and local level Equal Opportunity (EO) Officers

Exhibit A – DLR EO Officer Change Letter
Exhibit B – Equal Opportunity Poster
Exhibit C – EO Officer Signature Authority
Exhibit D – EO Services Webpage
Exhibit E – Job Service Offices (List of Managers designated as EO Coordinators)

Element 2 – Notice and Communication

Exhibit A – Notice and Acknowledgment Form
Exhibit B – New Employee Welcome Manual
Exhibit C – Removed
Exhibit D - Removed
Exhibit E – South Dakota Employee Handbook
Exhibit F – Facts about Reemployment Assistance Benefits
Exhibit G – Relay South Dakota
Exhibit H – DLR Language Assistance Plan (LAP)
Exhibit I – DLR Complaint Information and Consent Form
Exhibit J – Point 2 Your Language Poster
Exhibit K – Memo: CTS Language Link
Exhibit L – CTS Language Tips
Exhibit M – SD Labor Market Information – EEO Data
Exhibit N – Language Link Process

Element 3 – Assurances

Exhibit A – DLR WIOA Conditions and Assurances – Form 10A
Exhibit B – DLR WIOA Conditions and Assurances – Form 10B
Exhibit C – Sample WIOA Assurance Agreement

Element 4 – Universal Access

Exhibit A – Labor Market Information Center
Exhibit B – WIOA Annual Report 2015
Exhibit C – South Dakota WIOA State Plan – Section III. Operational Planning Elements (p. 53-86)
Exhibit D – SDWORKS Database
Exhibit E – DLR Website
Exhibit F – Info for WIOA Training Providers
Exhibit G – LEP Services Usage Report

Element 5 – Section 504 Compliance

Exhibit A – ADA Physical Checklist
Exhibit B – One-Stop Certification
Exhibit C – 4.1 Wagner-Peyser, Adult, and Dislocated Worker Eligibility
Exhibit D – 4.3 Youth Eligibility

Element 6 – Data and Information Collection and Maintenance

Exhibit A – SDWORKS EO Fed Report – Sioux Falls FY17
Exhibit B – Discrimination Complaint Log

Element 7 – Monitor Recipients for Compliance

Exhibit A – Equal Opportunity Monitoring Tool (internal use only – available upon request for authorized use)
Exhibit B – Equal Opportunity Data Analysis Guide (internal use only – available upon request for authorized use)
Exhibit C – Equal Opportunity Client Interview
Exhibit D – Equal Opportunity Employee Interview (internal use only – available upon request for authorized use)
Exhibit E – Data Analysis – Population Served
Exhibit F – Data Analysis – Registered/Enrolled

Element 8 – Complaint Processing Procedures

Exhibit A – DLR Discrimination Complaint Policy and Procedure
Exhibit B – ETA 8429 Complaint/Apparent Violation Form

Element 9 – Corrective Actions and Sanctions

Exhibit A – DLR Equal Opportunity Monitoring Policy and Procedure


Contact Us

South Dakota Department of Labor and Regulation
123 W. Missouri Ave.
Pierre, SD 57501
Phone: 605.773.3101
Fax: 605.773.6184