• Equal Opportunity
• Functional Activities
• Legislative Mandates
• Virginia Unemployment Compensation Act
• Limited English Proficiency
• Guidelines For Access to VEC Data VEC-GD-1(03)

FUNCTIONAL ACTIVITIES

Unemployment Insurance (UI) - The unemployment insurance system, created by the Social Security Act of 1935, is administered by each state, the District of Columbia, Puerto Rico, and the Virgin Islands with oversight by the U.S. Department of Labor (DOL). Federal law provides the guidelines, but the 53 jurisdictions determine many requirements related to eligibility, benefit levels, and tax rates.

• The system has three broad objectives:
  • Alleviate hardship for the unemployed
  • Prevent unemployment
  • Promote reemployment
    
    
• Alleviating hardship, the system's principal aim, is accomplished by partially replacing the loss of wages for unemployed individuals who have a demonstrated attachment to the workforce.

  The Virginia Employment Commission (VEC) paid $380,265,897.00 in regular UI benefits to 260,561 individuals during calendar year 2007. Virginians received an average of 12.5 weeks of benefits, averaging $263.97 per week.

  Virginia requires that a claimant have earned $2,700.00 in the two highest quarters of the base period combined to be eligible for benefits. The base period is the first four of the last five preceding calendar quarters. The minimum weekly benefit payment in Virginia is $54.00; the maximum is $363.00. Recipients may be eligible for up to 26 weeks of benefits during their benefit year.

  The program also handles resolution of disputed UI claims and answers customer inquiries regarding benefit and tax matters
  

  back to top

Commission Appeals (CA) - The office of Commission Appeals serves as the agency's final administrative adjudicative authority in disputed benefit and tax liability cases and publishes precedent decisions.

Job Service (JS) - The Employment Service (or Job Service), established by the Wagner-Peyser Act of 1933, make available job search assistance to individuals, and recruiting and referral services to employers.

• Services available to workers include job referral and placement, referral to training, and job search skill building activities. VEC staff assists employers by screening and referring applicants for job vacancies, providing critical labor market information for business and economic planning, and coordinating Employer Advisory Committee activities across the state.

  Employers placed over 163,320 job openings, and the VEC made 442,949 referrals during the program year ending June 30, 2007.

  Other employment service programs administered by the VEC include Alien Labor Certification, Migrant and Seasonal Farmworkers, Work Opportunities Tax Credit (WOTC), Trade Act Assistance (TAA), and Veterans' Services.

Employer Services (ES) -

• The Virginia Employment Commission (VEC), a partner in the Virginia Workforce Network, is the public employment service established to assist employers in finding qualified workers and to assist workers in finding suitable jobs. There are no fees charged to the employer or applicant for our services. VEC staff will assist employers by screening and referring applicants to job openings, providing critical labor market information for business and economic planning, and coordinating statewide Employer Advisory Committee activities.

  The VEC is the largest single source of job candidates in Virginia. We may have just the worker you are seeking, prepared to step into your job opening today.

  Employers placed over 163,320 job openings, and the VEC made 442,949 referrals during the program year ending June 30, 2007.

  The VEC has:

  • Nearly half-a-million job seekers registering with us annually
  • Computerized, skills-based matching to identify potential candidates - saves employer staff time and money
  • Maximum exposure - 40 offices statewide and 24 hours a day on the Internet.

  The VEC is an excellent source of information for making important business decisions:

  • Employment estimates and unemployment rates
  • State and local economic trends
  • Consumer price indices
  • Occupational and population projections
  • Census information
  • Affirmative action planning data
  • Prevailing wage information.

  You can also click here on Labor Market Information for more detailed information in this area.

back to top

Economic Information Services (EIS) - Most of the nation's labor market information is produced by State Employment Security Agencies (SESA) in cooperation with the Bureau of Labor Statistics (BLS) and other federal agencies for a wide range of users including employers, job seekers, policy makers and analysts, economic developers, economists, and planners.

• The data collected, analyzed and reported by the EIS division includes Current Employment Statistics (CES); Employment, Wages, and Contributions (ES-202); Local Area Unemployment Statistics (LAUS); Occupational Employment Statistics and Wages (OES); and Mass Layoff Statistics (MLS). The State Data Center, which develops Virginia's population projections, and is a repository of census information, is another of the VEC's economic information programs.

  VEC economists prepare economic forecasts and reviews of recent trends for various VEC publications. Two new capabilities of the EIS division are economic impact analyses using the Impact Analysis for Planning (IMPLAN) model and Geographic Information Systems (GIS) mapping.

  Staff provide economic and demographic information on request, through the VELMA (Virginia's Electronic Labor Market Access) system.

back to top

LEGISLATIVE MANDATES

Legislative mandates relative to the Virginia Employment Commission (VEC)

• The Workforce Investment Act of 1998
• Trade Act of 1974, As Amended
• Economic Recovery Tax Act of 1981
• Workers Adjustment and Retraining Notification Act of 1988
• Immigration Reform and Control Act of 1986
• Migrant and Seasonal Agricultural Worker Protection Act
• Carl D. Perkins Vocational Educational Act
• Title 60.2 of the Code of Virginia, the Virginia Unemployment Compensation Act
• "Regulations and General Rules Affecting Unemployment Compensation"
• Governor's Executive Order Number Thirty-Five (94)

back to top

VIRGINIA UNEMPLOYMENT COMPENSATION ACT

Section 60.2-113. Employment Stabilization. - The Commission shall take all necessary steps through its appropriate divisions and with the advice of such advisory boards and committees as it may have to:

1. Establish a viable labor exchange system to promote maximum employment for the Commonwealth of Virginia with priority given to those workers drawing unemployment benefits;

2. Maintain a solvent trust fund financed through equitable employer taxes which provide temporary partial income replacement to involuntarily unemployed covered workers;

3. Coordinate and conduct labor market information research studies, programs and operations, including the development, storage, retrieval and dissemination of information on the social and economic aspects of the Commonwealth and publish data needed by employers, economic development, education and training entities, government and other users in the public and private sectors;

4. Determine and publish a list of jobs, trades, and professions for which a high demand of qualified workers exists or is projected by the Commission. The Commission shall consult with the Statewide Workforce Training Council in making such determination. Such information shall be published biennially and disseminated to employers; education and training entities, including public two-year and four-year institutions of higher education; government agencies, including the Governor's Employment and Training Department, the Department of Education, and public libraries; and other users in the public and private sectors;

5. Prepare official short-and long-range population projections for the Commonwealth for use by the General Assembly and state agencies with programs which involve or necessitate population projections;

6. Encourage and assist in the adoption of practical methods of vocational guidance, training and retraining; and

7. Develop a plan for implementation during times of economic recession, natural disaster, or military mobilization whereby necessary workers can be provided. (Code 1950, § 60-34; 1968, c. 738, § 60.1-39; 1986, c. 480; 1989, c. 108.)

back to top

Guidelines For Access to Virginia Employment Commission Data VEC-GD-1(03)

Preamble: The Virginia Employment Commission is required to provide certain information to appropriate public officials or their agents in pursuit of specific public responsibilities. These requirements are found in § 60.2-114 of the Code of Virginia. Under these provisions, the VEC is required to disclose information from its records to:

• The Workers’ Compensation Commission if it requests such records and to claimants appearing before the Workers’ Compensation Commission to the extent necessary for the proper presentation of his claim.
• To the Secretary of Health and Human Services and the Division of Child Support Enforcement of the Department of Social Services for the purposes of the National Directory of New Hires.
• To agencies or political subdivisions of the Commonwealth, or their agents, for the purpose of collecting fines, penalties, and costs owed to the Commonwealth or its political subdivisions.

In addition, the U.S. Department of Labor requires the VEC to abide by certain confidentiality requirements in providing access to the agency’s data. Section 303(a)(1) of the Social Security Act has been interpreted as requiring state laws to prohibit disclosure of unemployment insurance information on the grounds that the disclosure deters workers from filing claims and impedes the efficient administration of the unemployment compensation program. The VEC is also concerned that unauthorized disclosure of data maintained by the agency may serve as a disincentive to employers to provide such data to the VEC.

However, the U.S. Department of Labor provides that a state agency may disclose information concerning claimants to a public official in the performance of public duties or for the purposes necessary for the proper administration of law administered or enforced by such public official. The federal requirements for data disclosure are outlined in Unemployment Insurance Letter (UIPL) 34-97, dated June 10, 1997. The VEC is required to comply with the Freedom of Information Act (§ 2.2-3700 et seq.) and the Government Data Collection and Dissemination Practices Act (§ 2.2-3800 et seq.) of the Code of Virginia. In addition, the VEC is bound by the Social Security Act and by policies implemented by the U.S. Department of Labor.

The guidelines below are intended to reconcile the legal requirements of state and federal statutes and regulations and to ensure that information is released in a timely manner, that when released it is done in full compliance with confidentiality requirements, and that such data are used only for the purposes authorized by law.

Written Agreements: Each person, acting on behalf of an agency or political subdivision, who requests access to Virginia Employment Commission data shall be authorized to receive such data as provided in a written agreement executed with the Virginia Employment Commission. Such written agreement shall include:

• the type of data the requester may receive;
• the purpose, scope and permitted use of the data disclosed;
• a statement that the use of the data is limited to official governmental duties;
• an assurance that individuals who receive VEC data will abide by federal confidentiality requirements;
• an agreement to reimburse the VEC for the cost of providing the data;
• a statement of penalties for the misuse of data;
• an agreement to maintain an auditable record of the basis for data requests;
• an agreement by the public official to assume responsibility for the use or misuse of the data;
• in the case of an agency or political subdivision requesting access for a designated agent, an agreement to re-submit the written agreement for approval whenever the designated agent changes; and
• the date or conditions of termination of the agreement.

Types of Access: To comply with federal confidentiality requirements, data disclosures will be limited to the minimum information required to meet the purpose for which data are requested. Access can be provided in one of two methods:

• Electronic access to the VEC’s database; or
• Written requests directed to the VEC’s Customer Service Unit.

Disclosures under § 60.2-114.C

Disclosure will be limited to items that are necessary in order to collect a debt owed to agencies of the Commonwealth and political subdivisions. Disclosure will include the name and address of the subject’s employer.

Disclosures under § 60.2-114.B

Disclosure will be limited to wage and employment data necessary for the purposes of the National Directory of New Hires established under § 453 (i) of the Social Security Act. Disclosure will include the name and address of the subject’s employer, wage data, and information regarding any unemployment insurance claim the subject files.

Disclosures to agents of the U.S. Department of Housing and Urban Development

The VEC will disclose wage and benefit data for the purposes of determining program eligibility.

Disclosures to law enforcement personnel

The VEC will disclose data to law enforcement personnel as needed for their investigations.

Disclosure for studies

From time to time, the VEC is requested to provide access to agency data for the purpose of legislative or other public studies. In these cases, data will be provided stripped of identifying information and will be limited to disclosures necessary for the purposes of the study.

back to top

Guidelines For Full Participation by Limited English Proficient Customers

1. Implementation
   1. The Human Relations Manager is responsible for monitoring agency programs and activities to ensure meaningful access for LEP persons. The Human Relations Manager has designated the Equal Opportunity Assistant as the agency’s Language Access Coordinator (LAC).
2. Inventory of agency resources for Language Assistance Services (“LAS”).
   1. The LAC shall maintain an inventory of LAS available to all agency personnel. The inventory shall include, but is not limited to, the following:
      1. Contract language services providers (LSP);
         1. Qualification Standards - the following factors will be considered for LSPs included in the database:
            1. The interpretation skill level of the LSP and its agents;
            2. The length of time the LSP has been in business;
            3. Any previous experience the agency may have had with the LSP, and
            4. The LSP’s experience in providing LEP services in similar contexts
      2. Policies;
      3. Links to external LEP resources
      4. Translation capability of documents; and
      5. Translation capability for in-person customer contacts, including hearings.
   2. The LAS inventory shall be maintained so as to be responsive to LEP need for LAS on a regional basis. The LAC, under the direction of Human Relations Manager, will continually monitor need and update the inventory appropriately.
   3. The inventory shall be made available to agency personnel through electronic and other means, and shall include information on accessing the LAS.
   4. All LAS will be made available to LEP customers at the expense of the agency, where the circumstances indicate the provision of LEP services is appropriate or required.
   5. To ensure consistent standards, translation services will be provided by professional providers based on the factors listed in 2a. Bilingual staff may be utilized on a limited basis when LAS are not anticipated or available.
3. Situational needs assessment
   1. The agency will, on a continuing basis, assess the need for language services on a regional basis and make LAS available as deemed appropriate. In making this assessment, the agency will examine:
      1. The prevalence of LEP customers by service region;
      2. The predominant languages spoken by LEP individuals in each service region;
      3. The frequency of service utilization by LEP customers; and
      4. The relative importance of key agency services to it customers.
   2. In making this assessment, the agency will consider the following, among other, data sources:
      1. United States census results;
      2. Data maintained by the agency;
      3. The agency’s past experience in providing services to LEP customers;
      4. Data maintained by other agencies including the Virginia Department of Education and the Virginia Department of Health; and
      5. Information sources maintained by private and public local entities, including community-based organizations and local social services departments.
   3. Need will be identified based upon the type of contact:
      1. In-person
      2. Telephone
      3. Written documents
   4. The results of this assessment will be made available to all VEC employees who interface with customers.
4. Local office/One-Stop Protocol
   1. Identification of need: Local office managers may take appropriate steps in evaluating, quantitatively and qualitatively, the needs of LEP customers in their service areas, including:
      1. Examination of the situational needs assessment information kept by the agency;
      2. Interviews with customers within their service area;
      3. Systematic observation of customer-staff interaction; and
      4. Hiring bilingual staff.
   2. Local office managers will maintain autonomy in creating a mix of language assistance resources appropriate to the demographics of their service area.
   3. All LAS will be available to local office staff through electronic or other means based on need.
   4. Local office managers will evaluate language resources available in their service area including community colleges, state and private universities, and community-based organizations. LO managers may, with the approval of the Commission, enter into agreements for the provision of such services with community resources. These community resources will be integrated with other agency language resources as appropriate.
   5. LAC will coordinate on a regular basis with LO managers to assure that localized resources are made available to other LO managers to the greatest extent practicable.
   6. LO managers may maintain a database tracking LEP contacts. Database formats will be provided by LAC. LOs shall make the data available to LAC as requested by LAC.
   7. LO managers will communicate to staff that the use of a family member or friend may only take place after informing an LEP customer of his/her right to free interpreter services.
5. Central Office Staff
   1. Each central office supervisor will institute an LEP protocol appropriate to their department’s function.
   2. Central office departmental protocols will be designed using the agency resources described in section 2 of these guidelines.
   3. Central office departmental protocols will be designed using the general guidelines set out in section 4 relating to LOs.
6. Adjucation
   1. Fact-finding procedures by claims deputies will follow LO LEP protocol.
   2. First Level Appeals (“FLA”):
      1. Appeals Hearings: Interpreters will be made available to hearing participants upon request or where FLA staff identifies a need for an interpreter.
      2. The FLA unit will identify important FLA documents for translation as appropriate based upon the situational needs assessment, and make translated documents available to LEP customers as needed.
   3. Commission Appeals: Commission appeals staff will make appropriate LAS available to LEP customers as appropriate under the circumstances.
7. Agency Documents
   1. The agency shall, on a continuing basis, identify important documents that are routinely provided to customers that should appear in languages other than English.
   2. LAC will coordinate with the LSP to have identified documents translated accordingly.
   3. Translated documents will be made available to all agency personnel based upon identified need.
8. Complaint Resolution
   1. Any LEP individual has a right to file a complaint against the agency where he or she believes that the agency did not provide necessary LEP services as appropriate. These complaints include those available under Title VI of the Civil rights Act of 1964.
   2. All complaints, alleging a violation under Title VI will be referred to the Human Relations Manager.
   3. The Human Relations Manager will take appropriate steps to resolve all complaints in accordance with the agency’s discrimination complaint procedures.
   4. The Human Relations Manager will maintain a database tracking all complaints and requests for language services and their resolution. The database will include the following items:
      1. Source of complaint or request including relevant contact information
      2. Nature of complaint request
      3. Date complaint/request received
      4. Date complaint/request resolved
      5. Manner of resolution
      6. Comments
         
         

   Human Relations Manager:		Shirley Bray-Sledge Shirley.Bray-Sledge@vec.virginia.gov (804) 786-3466
   Equal Opportunity Assistant:		(804)786-8222

POLICY STATEMENT REGARDING INTERPRETER SERVICES

|back to top|