Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.08 - Employee Rights and Protections › Section 17.04.08.03 - Equal Employment Opportunity Program

Current through Register Vol. 51, No. 14, July 12, 2024
A. Principal Unit Program.
(1) Each principal unit shall maintain a continuing equal opportunity program to identify and eliminate discriminatory practices and policies.
(2) In support of this program, the head of the unit, in conjunction with the fair practices officer, shall:
(a) Provide resources to the program to ensure efficient and successful operation;
(b) Provide for the prompt, fair, and impartial processing of complaints;
(c) Conduct a continuing campaign to eradicate prejudice and discrimination from the unit's personnel policies, practices, and working conditions;
(d) Communicate the unit's equal employment opportunity policy and program and its employment needs to all sources of job candidates without regard to any of the categories specified in State Personnel and Pensions Article, §
											5-208, Annotated Code of Maryland;
(e) Provide orientation, training, and advice to managers and supervisors to assure their understanding and implementation of the equal employment opportunity policy;
(f) Review and evaluate managerial and supervisory performance in a manner that ensures a continuing application and enforcement of the policy of equal opportunity;
(g) Take appropriate disciplinary action against employees who engage in discriminatory practices;
(h) Comply with the Religious Freedom Restoration Act of 1993 (42 U.S.C. §
												2000b b);
(i) Comply with the Americans With Disabilities Act ( 42 U.S.C. § 12 - 101 );
(j) Make reasonable accommodation to the known physical or mental limitations of qualified applicants and employees with disabilities unless accommodation would impose an undue hardship on the operation of the unit's program; and
(k) Establish a system for periodically evaluating the effectiveness of the unit's overall equal employment opportunity effort.
(3) To implement the unit's program, the appropriate staff of the unit shall:
(a) Develop plans and procedures necessary to carry out the unit's program;
(b) In accordance with the unit's annual EEO plan, monitor all personnel actions adopted by the unit;
(c) Attest that procedures followed were consistent with State Personnel and Pensions Article, §
											5-207(d)(2), Annotated Code of Maryland;
(d) Post, and otherwise make available, throughout the workplace, EEO materials in accordance with legal requirements;
(e) Ensure that all unit employees receive full cooperation in the processing and resolution of discrimination complaints, including granting the State EEO Coordinator or designee, the unit fair practices officer, and unit equal employment opportunity officers access to relevant nonprivileged personnel records when required in connection with a complaint or an investigation;
(f) Post, and otherwise make available, the names, business telephone numbers, and business addresses of the State EEO Coordinator and the unit's fair practices officer and equal employment opportunity officers; and
(g) Post a notice of time limits applicable to the filing of a discrimination complaint under State and federal laws.
(4) In each unit's program, the fair practices officer shall:
(a) Advise the head of the unit regarding the preparation of equal employment opportunity plans, procedures, reports, and other matters related to the unit program;
(b) Periodically evaluate the sufficiency of the unit program for equal employment opportunity and recommend to the head of the unit any changes needed, including remedial or disciplinary action with respect to unit employees who have failed in their responsibilities;
(c) With the authorization of the head of the unit, make changes in programs and procedures designed to eliminate discriminatory practices and to improve the unit's program for equal employment opportunity;
(d) Assure that discrimination complaints are fairly and thoroughly investigated and resolved in a timely manner; and
(e) Review the complaints and corresponding investigation reports which have been completed by unit equal employment opportunity officers, certify that the reports have been reviewed, and forward the proposed decision to the head of the principal unit consistent with Regulation .04D of this chapter.