Md. Code Regs. 17.04.08.03

Current through Register Vol. 51, No. 22, November 1, 2024

Section 17.04.08.03 - Equal Employment Opportunity Program

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.

B. Complaints of Discrimination.

(1) A complaint of discrimination pursued under State Personnel and Pensions Article, Title 5, Subtitle 2, Annotated Code of Maryland, shall:

(a) Include a signed written statement from the individual claiming to be aggrieved;

(b) Identify the unit and describe the actions or practices which form the basis of the complaint;

(c) Provide a telephone number and address where the complainant or a representative can be contacted;

(d) Identify which alleged violation of State Personnel and Pensions Article, § 5-208, Annotated Code of Maryland, occurred; and

(e) Be filed with the head of the principal unit or the principal unit's designee within 30 days after the complainant first knew or reasonably should have known of the alleged violation that is the basis for the complaint.

(2) The complaint filed in accordance with this section does not preclude an individual from filing a complaint with the Maryland Commission on Human Relations, the Equal Employment Opportunity Commission, or other appropriate agency, but it does preclude filing a grievance under State Personnel and Pensions Article, Title 12, Annotated Code of Maryland.

(3) A unit shall notify the Secretary or designee of a complaint of discrimination when it is filed by forwarding a copy of the complaint and indicating the date of filing and with whom the complaint was filed. The notification to the Secretary is required for complaints of discrimination filed in accordance with the grievance procedures under State Personnel and Pensions Article, Title 12, Annotated Code of Maryland, and complaints of discrimination filed under State Personnel and Pensions Article, Title 5, Subtitle 2, Annotated Code of Maryland.

Md. Code Regs. 17.04.08.03

Regulations .03 adopted as an emergency provision effective February 12, 1997 (24:5 Md. R. 391); emergency status expired August 12, 1997; adopted permanently effective September 8, 1997 (24:18 Md. R. 1297)