EQUAL EMPLOYMENT OPPORTUNITY
OBJECTIVE
It is the Commonwealth's objective to provide equal employment opportunity to employees and applicants for employment. All aspects of personnel management and employment practices will be conducted without regard to race, color, religion, sex, age, national origin, disability, or political affiliation (except where a bona fide occupational qualification regarding a particular position applies). Accordingly, this policy sets forth the substantive provisions of the Governor's Executive Order on Equal Employment Opportunity ("the Executive Order"), and outlines the procedures for its implementation.
I. EMPLOYEES TO WHOM POLICY APPLIES
[REVISED 12/94]
This policy applies to positions covered under the Virginia Personnel Act to include full-time and part-time classified, restricted, and "776" employees. This policy also applies to wage employees. (See section II of Policy 2.20, Types of Employment.) Institutions of higher education, and the non-classified positions within them, are not subject to this policy unless the Governor's Executive Order has been adopted by their Board of Visitors.
II. SUBSTANTIVE PROVISIONS OF THE GOVERNOR'S EXECUTIVE ORDER
ON EQUAL EMPLOYMENT OPPORTUNITY
The Governor's Executive Order on Equal Employment Opportunity provides the following:
A. Prohibition against discrimination
1. Employment discrimination on the basis of race, sex, color, national origin, religion, age, or political affiliation, or against otherwise qualified persons with disabilities, is specifically prohibited.
2. The lowering of bona fide job requirements, performance standards, or qualifications to give preference to any state employee or applicant for state employment is not permitted or required.
B. Affirmative recruitment efforts
Agency heads and others in agency management are directed to take affirmative measures, as determined by the Director of the Department of Personnel and Training, to emphasize the recruitment of qualified minorities, women, disabled persons, and older persons to serve at all levels of state government.
C. Procedures for alleging violations of the Executive Order
1. Allegations of violations of the Executive Order may be filed with the Office of Equal Employment Services of the Department of Personnel and Training by state employees (including wage employees and probationary employees) and applicants for state employment.
2. No state agency head or others in agency management, including supervisors, shall take retaliatory action against any person making allegations of violations of the Executive Order.
III. EMPLOYMENT PRACTICES COVERED BY THE PROHIBITION
AGAINST EMPLOYMENT DISCRIMINATION
The prohibition against employment discrimination applies broadly to all aspects of the application process and/or the employment relationship, including:
A. hiring, demotion, promotion, layoff, and transfer;
B. application of corrective actions, including disciplinary actions; and
C. compensation and other terms, conditions, and privileges of employment.
IV. IMPLEMENTATION OF THE EXECUTIVE ORDER
All employees are responsible for complying with the prohibition against workplace discrimination. Additionally, the Office of Equal Employment Services (EES) in the Department of Personnel and Training, agencies, and Cabinet Secretariats are responsible for ensuring compliance with the Executive Order as outlined below.
A. Responsibilities of EES include:
1. carrying out the Executive Order and this policy's mandates;
2. issuing guidelines for discharging its responsibilities and advising agencies of those guidelines; and
3. assisting agencies and employees in complying with the Executive Order as discussed below.
a. Prepare and distribute information that explains the Executive Order's provisions and the state employment discrimination prohibition, and make copies of the Executive Order available to all state agencies.
b. Provide for the investigation and resolution of charges of unlawful discrimination or other violations of the Executive Order.
(1) Resolutions will be within the scope of established federal and state law and have the concurrence of the Office of the Attorney General.
(2) Resolutions shall be in writing and may include monetary awards as well as recommendations for disciplinary actions.
c. Assist agencies in their compliance with the affirmative action provisions of the Executive Order, including:
(1) issuing guidelines, in accordance with Title 29, Part 1608 of the Code of Federal Regulations, and other applicable federal and state laws, for agencies to follow in preparing affirmative action plans;
(2) reviewing and approving all agency affirmative action plans and documenting the status of each agency's plan;
(3) notifying each agency at 90 days, and again at 60 days, before the expiration of the agency's affirmative action plan; and
(4) maintaining current lists of state affirmative action officers, and of groups representing women, minorities, and others who may be affirmatively recruited, and making such lists available to interested persons.
d. Serve as liaison between the Commonwealth and federal agencies concerned with equal employment opportunity, including:
(1) assisting agencies in responding to federal inquiries regarding equal employment opportunity practices; and
(2) reporting for the Commonwealth, as required by any federal agency concerned with equal employment opportunity enforcement.
e. Review agency and statewide personnel policies and procedures for possible disparate effects on minorities, females, and other protected groups, and advise the Director of the Department of Personnel and Training of the need for new policies and/or policy revisions.
f. Coordinate training on equal employment and affirmative action (EEO/AA) for state employees.
g. Act as a reference source regarding information on equal employment opportunity for state government.
h. Ensure that agencies maintain appropriate personnel data for EEO/AA purposes in the Personnel Management Information System (PMIS).
i. Otherwise assist agencies in their compliance with the Executive Order.
B. Agencies' responsibilities
1. All agencies are required to have an affirmative action plan that includes an equal employment opportunity policy statement.
2. Agencies shall ensure that all employees are informed of the Executive Order and the agency's affirmative action plan and equal employment opportunity statement.
3. Agencies shall ensure that affirmative action policies and procedures are discussed with management employees, including how such employees should assist in their implementation.
a. Agency heads, others in management, and supervisors will be held individually responsible for their agencies' affirmative action performance.
b. Positive support of affirmative action and demonstrable progress towards affirmative action goals shall be considered in the evaluation of each management official's job performance.
4. According to guidelines issued by EES, agencies shall submit a report to their Secretary and to EES by September 1 of each year that summarizes any actions taken toward compliance with the Executive Order.
5. Agencies shall provide EES with a copy of any document received from a federal agency regarding equal employment opportunity or affirmative action, within 15 work days of receiving such a document.
6. Agency heads, human resource personnel and other management personnel are responsible for the consistent application of this policy within their agencies.
C. Responsibilities of the Cabinet Secretaries
1. Each Cabinet Secretary shall monitor and support efforts toward compliance with the Executive Order in the agencies for which he or she is responsible.
2. Each Cabinet Secretary shall ensure that the provisions of the Executive Order and this policy are applied in his or her office.
V. AUTHORITY AND INTERPRETATION
A.
This policy is issued by the Department of Personnel and Training pursuant to the authority provided in Chapter 10, Title 2.1, of the Code of Virginia. This policy supersedes Policy 2.00, Equal Employment Opportunity, issued July 1, 1987.B. The Director of the Department of Personnel and Training is responsible for official interpretation of this policy, in accordance with section 2.1-114.5(10) of the Code of Virginia. Questions regarding the application of this policy should be directed to the Department of Personnel and Training's Office of Policy and Personnel Programs and Office of Equal Employment Services. The Department of Personnel and Training reserves the right to revise or eliminate this policy as necessary.