West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-40 - Equal Opportunity and Affirmative Action › Section 133-40-2 - General Policy

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. It shall
				be the policy of the West Virginia Higher Education Policy Commission
				(Commission) to provide equal employment opportunities to all qualified
				employees and applicants and to prohibit discrimination or harassment against
				any such individuals on the basis of protected characteristics. The Commission
				considers race, color, religion, sex/gender, national origin, ancestry, age,
				blindness, disability, pregnancy, genetic information, sexual orientation,
				gender identity, veteran or military status or other category that is protected
				under federal, State, or local anti-discrimination laws as protected
				characteristics and will not permit discrimination or harassment against any
				employee or applicant for employment on the basis of any such characteristic.
				The Commission will conform both to the letter and the spirit of the law and
				regulations with respect to prohibiting any such discrimination or harassment
				and will encourage and support voluntary affirmative action where necessary to
				ensure that institutions employ, advance in employment and treat all qualified
				persons without discrimination in any employment practices.
2.2. The scope of this policy prohibiting
				discrimination and harassment extends, but is not limited to, the following:
				recruitment, employment, promotion, transfer, training, working conditions,
				wage and salary administration, benefits, discipline, promotion, transfer,
				layoff, termination processes, and the application of all other
				employment-related policies. These principles of non-discrimination and
				anti-harassment also apply to the selection and treatment of independent
				contractors, personnel working on Commission premises, and any other persons or
				firms doing business with the Commission.
2.3. Under the Commission's additional
				authority to allocate specified functions and responsibilities among the
				institutions within the jurisdiction of the Commission, each institution shall
				accept primary and long-term responsibility for the development and
				implementation of equal employment opportunity and where necessary, affirmative
				action policies consistent with the Commission's guidance and all applicable
				laws and regulations.
2.4. Each
				institution and the Commission shall take the initiative in developing or
				modifying their own plans to achieve compliance with the equal employment
				opportunity and affirmative action policy of the Commission as well as those of
				the State and federal governments. The president of each institution shall,
				through appropriate means, establish and maintain a positive program of equal
				employment opportunity and affirmative action within her/his jurisdiction in
				accordance with all laws and regulations applicable to the institution. The
				equal employment opportunity and affirmative action goals of the institution
				must be integrated into and consistent with other performance goals of the
				institution. The realistic goals and timetables of each institution shall be
				vigorously pursued to achieve a proportional representation of minorities and
				women in the workforce based on availability within the relevant workforce
				recruitment markets. The effective pursuit of affirmative action requires not
				only the adoption of an adequate plan, but also results-oriented procedures
				designed to ensure the involvement of managers at all levels of each
				institution.