Corrective Actions and Sanctions ELEMENT 9: Corrective Actions and Sanctions
[29 CFR Part 37.37 and 37.54(d)(2)(vii)]
Background:
The State and its recipients intend to fully comply with the requirements of 29 CFR Part 37.54(d) (2) (vii), relating to corrective actions and sanctions. In order to accomplish this, the State has developed Equal Opportunity Issuance 08-00 and an addendum to the original issuance is attached that provides for corrective actions and sanctions for equal opportunity and nondiscrimination violations.
Follow-up of a corrective action plan will be conducted within 30 days of the issuance of a noncompliance finding. Efforts will be made to provide ongoing technical assistance and guidance to secure compliance. Each step in the corrective action and sanction process will be fully documented.
Corrective Action
Corrective action means prompt action designed to completely correct the violation and bring the recipient into compliance. Corrective action must be designed to end the discrimination and/or redress the specific violation.
Remedial Action
Remedial action means an action designed to make whole an individual or individuals who suffered injury or loss because of unlawful discrimination. Anyone victimized by discriminatory acts or policies must be restored to the status he or she would have received had the discrimination not occurred. Remedial action can include either retroactive relief (e.g., back pay, front pay, retroactive benefits, training, any service discriminatorily denied, etc.), prospective relief (e.g. change of policy, training, development of new policy, training on policy communication) or both. Any monetary relief cannot be paid from federal funds.
Sanctions
A sanction is any official action implemented to penalize or censure a non-complying recipient. The ultimate sanction available is to revoke approval of all or part of the plan and discontinue funding to the recipient.
Documentation
Attachments for Element 9
Corrective Actions and Sanctions
IX-A DWD Issuance 08-00
Policy Guidance on Corrective Actions/Sanctions Procedures
IX-B DWD Issuance 08-00
(Change 1)
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