[wiaattorneys] Re: Question on Monitoring of Eligible Providers
- From: "Mason, Paul (LABOR)" <Paul.Mason@xxxxxxxxxxxxxxxxx>
- To: <jpomerantz@xxxxxxxxxxx>, <wiaattorneys@xxxxxxxxxxxxx>
- Date: Wed, 10 Aug 2005 10:32:25 -0400
Jane - 20 CFR Part 37 includes eligible training providers its
definition of "recipient" to which most of the regulations apply. I
think the regulations incorporates the ADA by reference but also the
Rehab Act would come into play. The USDOL regulation somewhat pushes
the limit on who is covered. Some ETPs never receive a dime which is
the basis for being a recipient (receipt of funds). I know the Justice
Department takes the view that only recipients and subs are covered by
civil rights statutes, not the next level and maybe not this type of
relationship. In any case, USDOL would likely say this applies. I
think we deal with this by requiring ETPs to sign the assurance and then
handle it on a complaint basis. Some local areas rely heavily on
certain ETPs for whom you could arguable do some more monitoring.
Interestingly, I think Part 37 doesn't require providers to have EO
Officers or to go through all of the steps that a sub would. How's it
going otherwise?
Paul
________________________________
From: wiaattorneys-bounce@xxxxxxxxxxxxx
[mailto:wiaattorneys-bounce@xxxxxxxxxxxxx] On Behalf Of Pomerantz, Jane
C. (GC-LI)
Sent: Wednesday, July 27, 2005 2:37 PM
To: wiaattorneys@xxxxxxxxxxxxx
Subject: [wiaattorneys] Question on Monitoring of Eligible Providers
Do the local WIBs have to monitor the eligible training providers for
ADA compliance? Ones knee jerk reaction is "Of course." But are they sub
recipients of WIA or just vendors? But on the other hand how would we
know that eligible providers comply with ADA if we don't monitor them.
Your thoughts please.
JP
Jane C. Pomerantz
Deputy Chief Counsel
Department of Labor & Industry
Phone: 717-787-4186
Fax: 717-787-1303
Wisdom is knowing the right road to take.
Integrity is taking it.
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