WIOA Title I-A & I-B Policy & Procedure Manual
Chapter 5) Nondiscrimination/Equal Opportunity and Affirmative Action



5.1 Overview

Effective date: July 1, 2020


All recipients1 under the Workforce Innovation and Opportunity Act (WIOA) Title I must ensure equal opportunity (EO) and nondiscrimination in programs and activities funded in whole or in part under WIOA.2 This responsibility includes compliance with all nondiscrimination requirements in the administration and operation of programs, activities, and employment as provided by WIOA Section 188 (Nondiscrimination and Equal Opportunity) and 29 CFR Part 38 (Implementation of the Nondiscrimination and Equal Opportunity Provisions of the Workforce Innovation and Opportunity Act).3 The regulations apply to all programs and activities that are operated by One-Stop partners as part of the One-Stop delivery system.4

WIOA prohibits discrimination on the basis of race; color; religion; sex (including pregnancy, childbirth, and related medical conditions, transgender status, and gender identity); national origin (including limited English proficiency); age; disability; political affiliation or belief; or, for beneficiaries, applicants, and participants only, on the basis of citizenship status or participation in a WIOA Title I-financially assisted program or activity. DWD-DET also prohibits discrimination based on military or veteran status, sexual orientation, gender identity or expression, marital or familial status, and genetic information.5

DWD-DET requires that local WDBs provide all services in an equitable and consistent fashion to similarly situated participants. Local WDBs must establish written policies and procedures that establish criteria that provide a fair and equitable method for selection among the eligible applicants for all services, as well as a process by which to document fair and equitable determination.




Disability (WIOA Sec. 3(25))

Effective date: August 20, 2018

"Disability" means:

  • a physical or mental impairment that substantially limits one or more major life activities such as caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, working, and the operation of major bodily functions
  • a record of such impairment

OR

  • is regarded as having such impairment (which means the individual can establish that s/he has been the subject of a discriminatory action under the American with Disabilities Act because of an actual or perceived impairment whether or not the impairment actually limits a major life activity).

WIOA Sec. 3(25); 42 U.S.C. 12102 (1)-(3)