Accessible unemployment benefits and information

CLASSIFICATION
   EMPLOYMENT AND TRAINING ADMINISTRATION                 UI
               ADVISORY SYSTEM                            CORRESPONDENCE SYMBOL
          U.S. DEPARTMENT OF LABOR                        OUI/DUIO
             Washington, D.C. 20210                       DATE
                                                          May 11, 2020

ADVISORY:       UNEMPLOYMENT INSURANCE PROGRAM LETTER NO. 02-16
                CHANGE 1

TO:             STATE WORKFORCE AGENCIES
                STATE AND LOCAL EQUAL OPPORTUNITY OFFICERS
                STATE WORKFORCE ADMINISTRATORS
                STATE WORKFORCE LIAISONS
                STATE AND LOCAL WORKFORCE BOARD CHAIRS AND DIRECTORS
                STATE LABOR COMMISSIONERS
                EMPLOYMENT AND TRAINING ADMINISTRATION REGIONAL
                ADMINISTRATORS

FROM:           JOHN PALLASCH /s/
                Assistant Secretary
                Employment and Training Administration

                NAOMI BARRY-PEREZ /s/
                Director
                Civil Rights Center

SUBJECT:      State Responsibilities for Ensuring Access to Unemployment Insurance Benefits,
              Services, and Information

1. Purpose. To provide guidance to states to ensure that they comply with their statutory and
   regulatory obligations to provide access to Unemployment Insurance (UI) benefits, services,
   and information, as outlined in Unemployment Insurance Program Letter (UIPL) No. 02-16.

2. Action Requested. The Department of Labor (Department) requests that State Workforce
   Administrators:

   a. Disseminate this guidance and its attachments to appropriate agency staff, including state-
      level Equal Opportunity (EO) officers and appropriate UI agency staff.
   b. Ensure that current web-based online, telephone-based, and other UI services meet the
      requirements of UIPL No. 02-16 and the additional legal requirements described in this
      advisory.
   c. Ensure that state-level and UI agency EO officers participate in the development of
      information technology systems and the evaluation of current systems, to promote
      integration of access requirements in those systems.

 RESCISSIONS                                             EXPIRATION DATE
 None                                                    Continuing

3. Summary and Background.

    a. Summary. This advisory highlights certain state responsibilities for access to UI benefits
       and services that became effective after publication of UIPL No. 02-16 on October 1,
       2015.

    b. Background. Since the issuance of UIPL No. 02-16, the Department finalized regulations
       governing states’ responsibilities for implementing the nondiscrimination and equal
       opportunity provisions of the Workforce Innovation and Opportunity Act (WIOA) at 29
       C.F.R. Part 38. The regulations reflect developments in equal opportunity and
       nondiscrimination jurisprudence in the 21st century, as well as the use of computer and
       internet-based systems to provide aid, benefits, services, and training through WIOA Title
       I activities. These regulations apply to state UI programs and systems.1

4. State Responsibilities.

    a. Access for Individuals with Disabilities.

        States must ensure equal access for individuals with disabilities by making reasonable
        accommodations and modifications and providing equally effective communications.
        The most recent regulations (29 C.F.R. Part 38) include specific requirements related to
        the use of electronic and information technologies,2 including the requirements that such
        technologies “[i]ncorporate accessibility features for individuals with disabilities; [a]re
        consistent with modern accessibility standards…; and [p]rovide individuals with
        disabilities access to, and use of, information resources, programs, and activities that are
        fully accessible, or ensure that the opportunities and benefits provided by the electronic
        and information technologies are provided to individuals with disabilities in an equally
        effective and equally integrated manner.” 29 C.F.R. § 38.15(a)(5). The regulations
        include similar specific requirements related to communication by telephone.

        States must give individuals with disabilities access to web-based services and
        information that is comparable to the access available to others. They must also offer an
        alternative option for accessing benefits, services, and information, and should advertise
        the alternative option widely and in multiple formats. States may wish to provide video
        remote interpreting services for individuals who communicate via sign language. These
        services must meet specific legal and technical requirements,3 and should be widely
        advertised widely.

        States’ telephone-based systems must use telecommunications devices or systems such as
        text telephones (TTYs) or telephone relay services to provide equally effective
        communications for individuals with hearing or speech impediments. When the agency
        uses an automated-attendant system (e.g., voicemail and messaging) or an interactive
        voice response system, such systems must provide effective, real-time communication
1
  Section 188 of WIOA prohibits discrimination based on disability and national origin (among other bases) in
programs operated, and activities provided by WIOA Title I financial assistance, or by “one-stop” partners. Section
121(b)(1)(B)(xi) of WIOA defines state UI programs as required one-stop partners.
2
  Also known as information and communication technology (ICT).
3
  See 29 CFR § 38.15(a).
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   with individuals using auxiliary aids and services, including TTYs and all forms of
   Federal Communications Commission approved telecommunications relay systems.

   States’ websites and telephone-based services should include information about how an
   individual with a disability who has difficulty using the site or service can get assistance
   to access the site or service. Web-based claims filing systems must also provide
   information about how individuals with disabilities can file a complaint about delayed or
   denied service resulting from inaccessibility or failure to provide equally effective
   communication.

b. Access for Individuals with Limited English Proficiency.

   The regulations, at 29 C.F.R. § 38.9, explicitly require states to “take reasonable steps to
   ensure meaningful access to each limited English proficient (LEP) individual served or
   encountered so that LEP individuals are effectively informed about and/or able to
   participate in the program or activity.” 29 C.F.R. § 38.9(b). Examples of reasonable
   steps cited in the regulations include assessing an LEP individual to determine language
   assistance needs; providing oral interpretation or written translation of both hard copy and
   electronic materials in the appropriate language; and conducting outreach to LEP
   communities to improve service delivery in needed languages.

   Further, the regulations require that all language assistance services must be accurate,
   provided in a timely manner, and free of charge. Language assistance is considered
   timely when it is provided at a place and time that ensures equal access and avoids delay
   or denial of any aid, benefit, or service at issue. States must provide notice to LEP
   individuals that interpretation and translation services are available at no cost.

   The updated regulations explicitly require states to translate written, oral, or electronic
   “vital information,” defined as information necessary for an individual to obtain any aid,
   benefit, or service, or to understand how to do so. 29 C.F.R. § 38.4(ttt). Examples of
   vital information in the UI context include applications for benefits, notices of rights and
   responsibilities, and communications requiring a response from the beneficiary or
   applicant. This information must be translated into languages spoken by a significant
   number or portion of a state’s population. The state must also take reasonable steps to
   meet the particularized language needs of LEP individuals who speak other languages. A
   website provided by the Department of Justice provides extensive resources to assist
   government agencies and programs receiving Federal assistance, including state UI
   programs, to address the needs of LEP individuals. This website includes a new
   interactive mapping tool that helps users find the languages spoken by LEP individuals,
   and the concentration of LEP individuals speaking those languages, at the state or county
   level. Information about the tool and related data is available at
   https://www.lep.gov/faq/faqs-mapping-tools/commonly-asked-questions-regarding-
   limited-english-proficient-lep-data-and

   The current regulations also require states to include a “Babel notice” in all
   communications of vital information. 29 C.F.R §38.9(g)(3). A “Babel notice” is a short
   notice in multiple languages that informs the reader that the communication contains vital
   information and explains how to access the agency’s language services to have the
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       contents of the communication provided in other languages. See 29 C.F.R. § 38.4(i);
       UIPL No. 30-11. In addition, states must record the limited English proficiency and
       preferred language of each LEP claimant/beneficiary, and as soon as the agency is aware
       of the non-English preferred language, convey vital information in that language.

   c. Technical Assistance.

       The U.S. Department of Labor’s Employment and Training Administration and Civil
       Rights Center are available to provide technical assistance to states regarding access to UI
       benefits and services. Resources are available at
       https:/www.dol.gov/agencies/oasam/centers-offices/civil-rights-center/external, by voice
       phone at (202) 693-6500, by relay at (800) 877-8339, or by email
       at [email protected].

5. Inquiries. Please direct inquiries to the appropriate ETA Regional Office.

6. References.

     • Section 303(a) of the Social Security Act (SSA), 42 U.S.C. § 503(a);
     • Section 3304(a)(4) of the Federal Unemployment Tax Act (FUTA), 26 U.S.C. § 3304;
     • Section 188 of the Workforce Innovation and Opportunity Act (WIOA), 29 U.S.C. §
       3248;
     • Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d et seq.;
     • Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794;
     • Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq.;
     • Title II of the Americans with Disabilities Act (ADA), as amended, 42 U.S.C. § 12132 et
       seq.;
     • 29 CFR Parts 31, 32, 35, and 38;
     • 28 CFR Part 35;
     • Executive Order 13166, Improving Access to Services for Persons with Limited English
       Proficiency, issued August 11, 2000;
     • Unemployment Insurance Program Letter (UIPL) No. 30-11, State Responsibilities
       Regarding Limited English Proficient Individuals, issued September 16, 2011,
         https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=3083; and
      UIPL No. 02-16, State Responsibilities for Ensuring Access to Unemployment Insurance
         Benefits, issued October 1, 2015,
         https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=4233.

7. Attachment(s).

      Attachment I - Appendix A: Resources Regarding Technology for Individuals with
       Disabilities.
      Attachment II - Appendix B: Resources to Improve Language Access.

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Attachment I (official PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/UIPL/2020/UIPL_02-16_Change-1_Attachment-1_Acc.pdf)

                                                     Attachment I to UIPL No. 02-16, Change 1

                                          APPENDIX A

                Resources Regarding Access for Individuals with Disabilities

Information technology. Section 508 of the Rehabilitation Act was enacted to eliminate barriers
in information technology for people with disabilities, open new opportunities for such people,
and encourage development of technologies that will help achieve these goals. While the law
applies only to Federal agencies when they develop, procure, maintain, or use electronic and
information technology, or EIT (also known as information and communication technology, or
ICT), the resources developed to help Federal agencies give employees and members of the
public with disabilities access to such technology are extensive, publicly available, and
potentially useful to state UI agencies seeking to provide comparable access.

The U.S. Access Board is responsible for developing EIT / ICT accessibility standards. In
January 2017, the Access Board issued updated accessibility requirements for technology
covered by Section 508. The new standards went into effect in January 2018.

The updated Section 508 Standards apply to EIT / ICT in the Federal sector, including such
examples as websites, information kiosks and transaction machines, electronic documents,
telecommunications equipment, and software. The information in the updated Section 508
standards about software applications and operating systems, web-based Intranet and Internet
information and systems, telecommunication products, and video and multimedia products may
be helpful to state UI agencies in assessing whether their technology is accessible for individuals
with disabilities. These two websites contain a wealth of information regarding the Section 508
Standards:
     http://www.access-board.gov/
     www.section508.gov

For example, the www.section508.gov website, provided by the Federal General Services
Administration, contains numerous training materials on implementation of the updated Section
508 standards for individuals with varying levels of knowledge and expertise regarding IT and
accessibility.

Another comprehensive resource for accessible technology is the Web Content Accessibility
Guidelines developed by the Web Accessibility Initiative. These guidelines help designers make
web pages as accessible as possible to the widest range of users, including users with disabilities.
The Web Accessibility Initiative is a subgroup of the World Wide Web Consortium, which is the
same organization that standardizes the programming languages followed by all web developers.
Information for web developers, including the current version of the Web Content Accessibility
Guidelines (and associated checklists), along with information about the Web Accessibility
Initiative, may be found at http://www.w3.org/.

Equally effective communications. The Department of Justice has issued an explanation of
communication requirements under the regulations implementing Title II of the Americans with
Disabilities Act, which parallel the requirements of the WIOA nondiscrimination regulations.
Among other topics, the document explains the performance standards that must be met if video
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remote interpreting is used. The document may be found at https://www.ada.gov/effective-
comm.htm.

Disability in general. The Department of Labor's Office of Disability Employment Policy
(ODEP) has developed extensive resources to assist in ensuring meaningful access to
employment and employment-related services for people with disabilities. Its website is
https://www.dol.gov/odep/. Information on accessible technology is available on this site at
https://www.dol.gov/odep/topics/Technology.htm. Additionally, general information on
providing reasonable accommodations for people with disabilities may also be found on this site
at https://www.dol.gov/odep/topics/Accommodations.htm. For specific information about
accommodations, the Job Accommodation Network (JAN), a service provided by ODEP that
provides free, confidential technical assistance about job accommodations and the Americans
with Disabilities Act, may be accessed at https://askjan.org/index.cfm. Information on universal
design and assistive technology models for individuals with disabilities may also be found on
ODEP’s website.

In 2019, ODEP, the Civil Rights Center (CRC), and the Employment and Training
Administration (ETA) collaborated to issue an updated reference guide on promising practices
for including individuals with disabilities in the nation’s workforce system. The guide may be
helpful for ensuring access to the UI system as well. It is available at
https://www.dol.gov/agencies/oasam/centers-offices/civil-rights-center/statutes/section-188-
workforce-innovation-opportunity-act/guide.

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Attachment II (official PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/UIPL/2020/UIPL_02-16_Change-1_Attachment-2_Acc.pdf)

                                                       Attachment II to UIPL No. 02-16, Change 1

                                           APPENDIX B

                            Resources to Improve Language Access

The provision of the Workforce Innovation and Opportunity Act (WIOA) nondiscrimination
regulations that prohibits discrimination based on limited English proficiency (LEP) includes an
appendix providing promising practices for ensuring meaningful access by LEP persons. See
Appendix to 29 CFR § 38.9, available at https://www.ecfr.gov/cgi-bin/text-
idx?SID=a92a40866c975b1d7f7538c9dc972924&mc=true&node=se29.1.38_19&rgn=div8. The
appendix includes a specific example in the unemployment insurance context.

The U.S. Department of Labor's (Department’s) Civil Rights Center (CRC) has developed
training and compliance assistance tools for recipients of WIOA financial assistance, including
tools related to serving LEP individuals. These tools may be found at
https://www.dol.gov/agencies/oasam/centers-offices/civil-rights-center/external/compliance-
assistance. Examples of LEP-related tools include Department guidance on ensuring meaningful
access to Department-assisted programs, available at
https://www.dol.gov/agencies/oasam/regulatory/federal-register/2003013125, and an LEP
toolkit, available at https://www.dol.gov/agencies/oasam/centers-offices/civil-rights-
center/external/limited-english-proficient/toolkit.

The Department of Justice has developed www.LEP.gov to provide extensive resources to
government agencies and programs receiving Federal assistance, including state UI agencies, to
help them address the needs of LEP individuals. Resources on this website include a new
interactive mapping tool that helps users find the concentration of and languages spoken by LEP
individuals at the state or county level. Information about the tool and related data is available at
https://www.lep.gov/faq/faqs-mapping-tools/commonly-asked-questions-regarding-limited-
english-proficient-lep-data-and. The website also includes videos and other materials designed
to assist in development of LEP policies and plans. Examples:

 Common Language Access Questions, Technical Assistance, and Guidance for Federally
  Conducted and Federally Assisted Programs, https://www.lep.gov/faq/faqs-federally-
  conducted-and-assisted-programs/common-language-access-questions-technical. Note:
  some of the material at this link is addressed to federal agencies, but the information is likely
  to be helpful to state UI agencies as well.
 Information on Language Access Planning, including program development; procurement of
  language services; and the Translation and Interpretation Procurement Series (TIPS),
  available at https://www.lep.gov/language-access-planning.

In addition, CRC offers individualized technical assistance related to LEP issues, as well as
disability issues and other matters related to providing equal opportunity and access in the UI
system. CRC may be contacted by voice phone at (202) 693-6500, by relay at (800)
877-8339, or by e-mailing [email protected].

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