Title 4--ADMINISTRATION PART I. GOVERNOR'S OFFICE
[4 PA. CODE CH. 1][EXECUTIVE ORDER 2002-3] [32 Pa.B. 2982] Equal Employment Opportunity May 3, 2002
Whereas, this Administration believes that the employment practices of the Commonwealth of Pennsylvania should be nondiscriminatory in intent and effect to promote public confidence in the fairness and integrity of government; and
Whereas, past governors of the Commonwealth have recognized a constitutional and legislative mandate to take affirmative steps to remedy employment discrimination and have issued Executive Orders promoting equal employment opportunity; and
Whereas, this Administration is firmly committed to strengthening and developing equal employment opportunity programs in the Commonwealth.
Now, Therefore, I, Mark S. Schweiker, Governor of the Commonwealth of Pennsylvania, by virtue of the authority vested in me by the Constitution of the Commonwealth of Pennsylvania and other laws, do hereby order and direct as follows.
Governor
Fiscal Note: GOV 02-3. No fiscal impact; (8) recommends adoption.
Annex A TITLE 4. ADMINISTRATION PART I. GOVERNOR'S OFFICE CHAPTER 1. AGENCY OPERATION AND ORGANIZATION Subchapter M. AFFIRMATIVE ACTION Sec.
1.161. Prohibition of discrimination and affirmation of equal employment opportunity. 1.162. Responsibility for implementing equal employment opportunity. 1.168. Rescission. § 1.161. Prohibition of discrimination and affirmation of equal employment opportunity.
(a) Agencies under the jurisdiction of the Governor may not discriminate against an employee or applicant for employment because of race, color, religious creed, ancestry, union membership, age, gender, sexual orientation, national origin, AIDS or HIV status or disability.
(b) Positive steps shall be taken by each agency under the jurisdiction of the Governor to ensure fair and equal employment opportunity at every level of government for African Americans, Hispanics, Asians, American Indians, Alaskans, Pacific Islanders, persons with a disability, persons of 40 years of age or older and women.
(c) Sexual harassment or harassment based on any of the factors in subsection (a) is prohibited.
§ 1.162. Responsibility for implementing equal employment opportunity.
(a) The Secretary of Administration supervises the development, implementation and enforcement of the Commonwealth's equal employment opportunity programs through the Bureau of Equal Employment Opportunity, which shall:
(1) Develop and promote steps designed to ensure equal employment opportunity and fair treatment of the protected classes at all levels of State government.
(2) Develop Commonwealth-wide equal employment opportunity policies and procedures to ensure consistency and uniformity.
(3) Conduct or participate in periodic onsite reviews and audits of agency equal employment opportunity programs.
(4) Develop complaint resolution procedures for implementation by all agencies under the jurisdiction of the Governor.
(5) Review complaint investigation reports at any time during the complaint process.
(6) Develop and implement a standardized equal employment opportunity procedure to monitor personnel transactions in all Commonwealth agencies under the jurisdiction of the Governor.
(7) Develop and issue guidelines for the conduct of agency equal employment opportunity programs and review of equal employment opportunity plans prior to implementation.
(8) Design and implement monitoring and reporting systems to measure effectiveness of agency equal employment opportunity programs.
(9) Consult with agency officials regarding personnel actions affecting agency equal employment opportunity professional staff, including recruitment, hiring, promotion, demotion, separation, transfer, performance standards and evaluation, and rate of pay.
(10) Provide leadership to agencies in the design and implementation of innovative equal employment opportunity strategies which will further the Commonwealth's fulfillment of the commitment to equal employment opportunity.
(b) Heads of departments and agencies under the jurisdiction of the Governor shall:
(1) Designate an equal opportunity manager or specialist with primary responsibility to develop and implement the agency's equal employment opportunity program.
(2) Ensure that the agency equal opportunity manager or specialist reports directly to the individual who has overall responsibility for the agency's equal employment opportunity program.
(3) Ensure that the agency's commitment to equal employment opportunity is clearly transmitted to all agency employees and that bureau directors and managers provide adequate support to the equal opportunity manager or specialist in the development and implementation of program plans designed to achieve the agency's equal employment opportunity objectives.
(4) Seek input from the Director of the Bureau of Equal Employment Opportunity on personnel actions affecting equal employment opportunity professional staff.
(5) Ensure that the agency develops and implements effective equal employment opportunity plans and auditing and reporting mechanisms.
(6) Ensure that all agency supervisory and management employees are rated on equal employment opportunity, diversity and inclusiveness based in part upon criteria identified in the agency's equal employment opportunity plan.
§ 1.168. Rescission.
Executive Order 1996-9, Equal Employment Opportunity, dated December 20, 1996, is rescinded.
[Pa.B. Doc. No. 02-1089. Filed for public inspection June 21, 2002, 9:00 a.m.]
