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EXECUTIVE DIRECTIVE No. 2003-24

EQUAL OPPORTUNITY IN STATE EMPLOYMENT

WHEREAS, state employment policies and procedures that encourage non-discriminatory and equal employment practices provide desirable models for the private sector and local governments and build upon successful policies and procedures of private and public sector employers;

WHEREAS, this administration is firmly committed to strengthening and developing equal employment opportunities in the State of Michigan;

NOW, THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, pursuant to the power vested in the Governor by the Michigan Constitution of 1963 and Michigan law direct:

I. DEFINITIONS

As used in this directive:

A. “Applicant” means that term as defined under Civil Service Rule 9-1.

B. “Appointing authority” means that term as defined under Civil Service Rule 9-1.

C. “Civil Service Commission” means the Michigan Civil Service Commission created under Section 5 of Article XI of the Michigan Constitution of 1963.

D. “Classified service” means the state classified service as provided for under Section 5 of Article XI of the Michigan Constitution of 1963.

E. “Demote” or “demotion” have the meaning of “demotion” under Civil Service Rule 9-1.

F. “Discriminatory harassment” means unwelcome advances, requests for favors, and other verbal or physical conduct or communication based on religion, race, color, national origin, age, sex, sexual orientation, height, weight, marital status, partisan considerations, disability, or genetic information under any of the following conditions:

1. Submission to the conduct or communication is made a term or condition, either explicitly or implicitly, to obtain employment.

2. Submission to or rejection of the conduct or communication by a person is used as a factor in decisions affecting the person’s employment.

3. The conduct or communication has the purpose or effect of substantially interfering with a person’s employment or creating an intimidating, hostile, or offensive employment environment.

G. “Employee” means that term as defined under Civil Service Rule 9-1.

H. “Genetic information” means that term as defined under Civil Service Rule 9-1.

I. “Hire” means that term as defined under Civil Service Rule 9-1.

J. “Position” means that term as defined in Civil Service Rule 9-1.

K. “Promote” or “promotion” have the meaning of “promotion” under Civil Service Rule 9-1.

L. “Regulation” means that term as defined under Civil Service Rule 9-1.

M. “Rule” means that term as defined under Civil Service Rule 9-1.

N. “State Personnel Director” means the director selected by and responsible to the Civil Service Commission under Section 5 of Article XI of the Michigan Constitution of 1963.

II. EQUAL EMPLOYMENT OPPORTUNITY

Every department, board, commission, or other agency subject to supervision by the Governor under Section 8 of Article V of the Michigan Constitution of 1963 shall provide equal employment opportunity in the state classified service for all persons in accordance with this directive and Civil Service rules and regulations.

III. PROHIBITED DISCRIMINATION

A. A department, board, commission, or other agency subject to supervision by the Governor under Section 8 of Article V of the Michigan Constitution of 1963 shall not do any of the following:

1. Fail or refuse to hire, recruit, or promote; demote; discharge; or otherwise discriminate against a person with respect to employment in the classified service, compensation, or a term, condition, or privilege of employment in the classified service, because of religion, race, color, national origin, age, sex, sexual orientation, height, weight, marital status, partisan considerations, or a disability or genetic information that is unrelated to the person's ability to perform the duties of a particular job or position.

2. Limit, segregate, or classify an employee or applicant for employment in the state classified service in a way that deprives or tends to deprive the employee or applicant of an employment opportunity or otherwise adversely affects the status of an employee or applicant because of religion, race, color, national origin, age, sex, sexual orientation, height, weight, marital status, partisan considerations, or a disability or genetic information that is unrelated to the person's ability to perform the duties of a particular job or position.

B. Discriminatory harassment is prohibited in any department, board, commission, or other agency subject to supervision by the Governor under Section 8 of Article V of the Michigan Constitution of 1963. Reporting requirements established by the Civil Service Commission and regulations established by the State Personnel Director relating to discriminatory harassment under Civil Service Rule 1-8.3 are applicable to all employees within a department, board, commission, or other agency subject to supervision by the Governor under Section 8 of Article V of the Michigan Constitution of 1963. As provided in rules promulgated by the Civil Service Commission, an employee who engages in discriminatory harassment may be disciplined by the appointing authority. If a report of discriminatory harassment is substantiated, or there is reasonable cause to believe that an allegation of discriminatory harassment is true, the appointing authority shall take appropriate corrective and remedial action, as authorized under Civil Service Rule 1-8.3(c)(3).

C. An appointing authority within a department, board, commission, or other agency subject to supervision by the Governor under Section 8 of Article V of the Michigan Constitution of 1963 may establish a bona fide occupational qualification based on religion, national origin, sex, sexual orientation, age, marital status, height, or weight, only if consistent with applicable law and if approved in advanced by the State Personnel Director, as provided under Civil Service Rule 1-8.4.

D. An appointing authority within a department, board, commission, or other agency subject to supervision by the Governor under Section 8 of Article V of the Michigan Constitution of 1963 may adopt or carry out a plan to eliminate the present effects of past discriminatory practices with respect to religion, race, color national origin, sex, sexual orientation, or disability if the plan is approved in advanced by the State Personnel Director and is otherwise consistent with applicable law, as provided under Civil Service Rule 1-8.5.

IV. IMPLEMENTATION

A. Consistent with Civil Service Rule 1-8.6, nothing in this directive shall be construed to prohibit the Department of Civil Service or an appointing authority from applying different standards for compensation or different terms, conditions, or privileges of employment under a bona fide seniority or merit system approved by the Civil Service Commission or the State Personnel Director.

B. Consistent with Civil Service Rule 1-8.7, nothing in this directive shall be construed to limit the authority of an appointing authority to issue a work rule that regulates verbal or physical conduct or communication that does not rise to the level of prohibited discrimination or discriminatory harassment as defined under Civil Service Rules.

C. Every department, board, commission, or other agency subject to supervision by the Governor under Section 8 of Article V of the Michigan Constitution of 1963 shall take appropriate action to ensure that its policy statements, programs, and procedures adequately reflect equal employment opportunity consistent with this directive.

D. The Civil Service Commission is requested to issue such rules, regulations, orders, and instructions as it deems necessary to extend the equal employment protections of this directive to all employees within the classified service.

The assistance of department directors and agency heads in implementing this directive and the continued hard work of Michigan’s state employees are appreciated.

Given under my hand this 23rd day of December, 2003.

__________________________________________
Jennifer M. Granholm
GOVERNOR

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