EQUAL OPPORTUNITY IN STATE EMPLOYMENT
WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor;
WHEREAS, under Section 8 of Article V of the Michigan Constitution of 1963, each principal department of state government is under the supervision of the Governor unless otherwise provided by the Constitution;
WHEREAS, under Section 8 of Article V of the Michigan Constitution of 1963, the Governor is responsible to take care that the laws be faithfully executed;
WHEREAS, the diversity of the people of the State of Michigan is one of our state's greatest strengths;
WHEREAS, to build a more inclusive Michigan our state government must be a model of tolerance, accessibility, and equal opportunity-reaching out to people, knocking down barriers, and dispelling prejudices that hold Michigan back;
WHEREAS, when the State of Michigan acts inclusively, the state benefits from the contribution and full participation of all Michiganians;
WHEREAS, the employment practices of the State of Michigan should promote public confidence in the fairness and integrity of government, and should reflect a firm commitment to strengthening and developing equal employment opportunities;
WHEREAS, it has been the long established policy of the State of Michigan to provide equal opportunity for employment in the state classified service without discrimination on the basis of merit, efficiency, and fitness;
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, by virtue of the power and authority 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, other verbal or physical conduct or communication based on religion, race, color, national origin, age, sex, sexual orientation, gender identity or expression, 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.
4. The conduct or communication concerns the status of another individual with whom the person has a real or perceived past or present relationship or association and 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. "Gender identity or expression" means the perception by an individual or another person of the gender identity, appearance, behavior, or expression of the individual whether or not that gender identity, appearance, behavior, or expression is different from the gender identity, appearance, behavior, or expression traditionally associated with the sex assigned to the individual at birth.
I. "Genetic information" means that term as defined under Civil Service Rule 9-1.
J. "Hire" means that term as defined under Civil Service Rule 9-1.
K. "Position" means that term as defined in Civil Service Rule 9-1.
L. "Promote" or "promotion" have the meaning of "promotion" under Civil Service Rule 9-1.
M. "Regulation" means that term as defined under Civil Service Rule 9-1.
N. "Rule" means that term as defined under Civil Service Rule 9-1.
O. "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
A. 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 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, gender identity or expression, 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 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, gender identity or expression, 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, up to and including dismissal. 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, gender identity or expression, age, marital status, height, or weight, only if consistent with applicable law and if approved in advance 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, general identity or expression, or disability if the plan is approved in advance 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 Civil Service Commission 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 opportunities 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.
E. This Directive supersedes Executive Directive 2003-24. Executive Directive 2003-24 is rescinded in its entirety.
This Directive is effective immediately.
Given under my hand this 21st day of November in the year of our Lord, two thousand and seven.
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JENNIFER M. GRANHOLM
GOVERNOR
