Subchapter M. EQUAL EMPLOYMENT OPPORTUNITY

 (a)  An agency 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, gender identity or expression, 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.

 (c)  Sexual harassment or harassment based on any of the factors listed in subsection (a) is prohibited.

 (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 a diverse workforce, equal employment opportunity and fair treatment of the protected classes in §  1.161(a) (relating to prohibition of discrimination and affirmation of equal employment opportunity) at all levels of State government.

   (2)  Develop Commonwealth-wide equal employment opportunity policies, procedures, and training to ensure consistency and uniformity.

   (3)  Conduct or participate in periodic onsite reviews and audits of agency equal employment opportunity programs.

   (4)  Develop complaint investigation and 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 officer with primary responsibility to develop and implement the agency’s equal employment opportunity program.

   (2)  Ensure that the agency equal opportunity officer 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.

§ 1.167. [Reserved].

§ 1.168. Rescission.

 Executive Order 1996-9, Equal Employment Opportunity, dated December 20, 1996, is rescinded.